State Beverage Distributors No. 4, Inc.

In the Matter of STATE BEVERAGE DISTRIBUTORS No. 4, INC., EMPLOYER and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS OF AMERICA, C. I. 0., PETITIONER Case No.10-RC-7,00.-Decided January 11, 19-50 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Clarence D. Musser, hearing officer. 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-member panel [Chairman Herzog and Members Houston and Reynolds]. Upon the entire record in this case, the Board finds: 1. The Employer's business : The Employer, a Florida corporation having its office and princi- pal place of business at Jacksonville, Florida, is engaged in the sale at wholesale of Ballantine ale and beer, and wine under a franchise Irom Samuel and Beatrice Blank, a partnership doing business as State Beverage Distributors, which has its principal place of business at Miami, Florida. State Beverage Distributors holds a franchise for distribution of Ballantine products in the State of Florida, and annually purchases approximately $4,000,000 of these products, which are shipped directly from the Ballantine brewery in New Jersey to its place of business at Miami or to such other points in Florida as it may direct. The Employer purchases annually between $250,000 and $500,000 of Ballantine's beer and ale, and wine from State Beverage Distributors. All Ballantine products are shipped directly to the Employer from outside the State. All the Employer's sales are made at wholesale to licensed liquor dealers within the State. We find, contrary to the Employer's contention, that it is engaged in commerce within the meaning of the Act.' 1 Casteel Distributing Company, 76 NLRB 153. 88 NLRB No. 20. 62 STATE BEVERAGE' DISTRIBUTORS NO. 4, INC. 63 2. The Labor organization involved claims to represent certain em- ployees 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) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit : The Petitioner seeks a unit of all employees at the Employer's Jacksonville, Florida, plant, excluding office and clerical employees, guards, professional employees, and supervisors as defined in the Act. This unit would include five driver-salesmen, approximately five driver-helpers, and one warehouseman. The Employer contends that the appropriate unit, if any, should be limited to the driver-salesmen, excluding the driver-helpers and the warehouseman. Driver-helpers.-The Employer contends that these employees are casual and irregular and should be excluded from the unit. These driver-helpers are employed on a daily basis to help load the Em- ployer's trucks in the morning, assist the driver-salesmen on their routes, and help unload the trucks at the end of the day. Although they are not carried on the Employer's permanent payroll, they appear on each current payroll as an extra labor classification, and the Em- ployer maintains records for the computation of statutory payroll deductions. The record indicates that although there is a large turn- over among these employees, the use of driver-helpers is an integral part of the Employer's operations. Moreover, the Employer's policy is to rehire incumbent driver-helpers if their work is satisfactory. In view of the nature of their work and the opportunity afforded by the Employer for this continuous employment, we find that they are regular rather than casual employees. We shall include the driver- helpers in the unit.2 The warehouseman assists in loading and unloading the Employer's trucks and maintains the Employer's warehouse in a clean and orderly manner. He is a permanent hourly paid employee entitled to the benefits of the Employer's insurance and vacation programs. The Employer would exclude this warehouseman because his work differs from that done by other employees sought by the Petitioner in its pro- posed plant-wide unit. As we have frequently found similar plant- wide units appropriate for the purposes of collective bargaining despite diversity in the types of work performed by the employees involved, we find the Employer's contention to be without merit.3 2 The Morrison Milling Company, 83 NLRB 800; Royal Palm Ice Company, 82 NLRB 879. 3 Pepsi-Cola, Louisville Bottlers, Inc., 86 NLRB 1299; Florida Coca-Cola Bottling Com- pany (Jacksonville Coca-Cola Bottling Company Branch ), 87 NLRB 201. 64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the following employees of the Employer constitute a unit appropriate for the purposes of collective.bargaining within the meaning of Section 9 (b) of the Act: All employees at the Employer's Jacksonville, Florida, plant, ex- cluding office and clerical employees, guards, professional employees, and supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes 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 supervision 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, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Direction of Election, including employees who did not work during said payroll 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 rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bar- gaining, by International Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers of America, C. I. O.