Mutual Distributing Co.

In the Matter Of MUTUAL DISTRIBUTING COMPANY, EMPLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA , A. F. OF L., LOCAL No. 81 Case No. 341-RC-96.-Decided January 18, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.' 2. The labor organization named below claims to represent certain of the employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.` *Houston, Reynolds, and Murdock. The Employer is a partnership registered under the laws of North Carolina and is en- gaged at Raleigh , North Carolina, in the wholesale distribution of wine. During the 8 month preceding the hearing, the Employer purchased wine to a value in excess of $240,- 000, substantially all of which Has purchased outside the State of North Carolina. During the same period it sold and delivered wine to a value in excess of $240,000 , all of which was sold and delivered within the State Contrary to the contention of the Employer, we find that it is engaged in commerce within the meaning of the Act. Matter of Casteel Distributing Co et at , 76 N. L R B. 153 ; Matter of Peoria Wholesale Liquor Distributors Association, et at , 74 N L. R B 208. 2 The Employer moved to dismiss the petition on the ground that less than 30 percent of the employees in the unit claimed desire to be represented by the Petitioner. It is well settled that the showing of interest is an administrative matter , not subject to direct or collateral attack. Matter of Amos Molded Plastics Division of Amos Thompson Corp., 79 N L. R B. 33. 81 N. L. R. B., No. 32. 208 MUTUAL DISTRIBUTING COMPANY 209 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : All drivers and checkers, excluding salesmen, clerical employees, watchmen, and supervisors 3 as defined by the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and su- pervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also ex- cluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for pur- poses of collective bargaining, by the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L., Local No. 81. 8 Prom the testimony offered by the Employer , it appears that one H B Alford has authority to hire and discharge and has exercised that authority . He will be excluded from the unit as a supervisor.