Ritchie Grocer Co.

In the Matter Of RITCHIE GROCER COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION 878, AFL Case No. 15-R-1578.-Decided July 13,1946 Messrs. J. E. Gaughan, of Camden, Ark., and Ned Stewart, of Tex- arkana, Tex., for the Company. Messrs. Odell Smith and T. J. Gentry, of Little Rock, Ark., for the Union. Mr. Emil C.'Farkas, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, Local Union 878, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Ritchie Grocer Company,' El Dorado, Arkansas, herein called the Company, the National Labor Relations Board provided for an appro- priate. hearing upon due notice before Louis Moore, Trial Examiner. The hearing was held at El Dorado, Arkansas, on May 10, 1946. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing the Company moved to dismiss the petition, alleging that the Board was without jurisdiction. The Trial Ex- aminer reserved ruling on motion for the Board. For reasons herein- after stated, the motion is denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Ritchie Grocer Company is an Arkansas corporation, with its principal place of business at El Dorado, Arkansas. The Company is ' The name of the Company appears as amended at the hearing. 69 N. L. H. B., No. 57. 471 472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engaged in purchasing, selling at wholesale, and distributing canned goods, cereal, flour, foods, sugar, and related food products. The Company has branch warehouses and offices at El Dorado, Camden, Pine Bluff, Texarkana, Hope, DeQueen, in Arkansas and Monroe, Russton, and Haynesville, in Louisana. The manager of each branch office is responsible to the general manager and president of the Com- pany, who have their offices at El Dorado. The business of the Com- pany, covering all of its branches in both Arkansas and Louisiana, approximates $10,000,000 annually. The El Dorado branch, with which we are solely concerned in this proceeding, annually purchases approximately $1,900,000 worth of food products, of which approximately 80 percent is shipped from points outside the State of Arkansas. All except about $50,000 worth of such purchases are sold and delivered to customers within the State of Arkansas. However, merchandise valued at approximately $50,000 is annually shipped from the El Dorado branch warehouse to ware- houses of the Company in the State of Louisiana for sale by them, and approximately $5,000 worth of merchandise is annually distributed by the El Dorado branch to points outside the State. The Company employs approximately 48 employees at the El Dorado branch. Upon these facts, we find contrary to the Company's contention, that in the operation of its El Dorado branch it is engaged in commerce within the meaning of the National Labor Relations Act.2 II. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of- America, Local Union 878, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company.3 III. TILE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. 2 See Matter of Frank L. Thiemonge, d/b/a Birmingham Grain Company , 55 N. L. R. B. 487; see also N. L. R. B . v. Suburban Lumber Company , 121 F . (2d) 829 (C. C. A. 3 ), cert. den. 314 U. S . 693; N. L. R. B. v. Kudile, 130 F. ( 2d) 615 ( C. C. A. 3 ), cert. den. 317 U. S. 694; N. L. R. B. v. Poultrymen'8 Service Corporation, 138 F. (2d) 204 (C. C. A. 3) ; N. L. R. B. v . Richter's Bakery, 140 F. (2d) 870 ( C. C. A. 5 ), cert. den. 332 U. S. 754. 3 It was contended by the Company at the hearing and in its brief that the Union is not an appropriate bargaining agent for its employees , because the Union's main office is located in Little Rock , 120 miles from El Dorado . This contention is without merit. The Union is clearly a labor organization within the meaning of Section 2 ( 5) of the Act and may properly represent the employees in the unit sought, despite the fact that its main office is not located in the immediate vicinity of the El Dorado branch. RITCHIE GROCER COMPANY 473 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. TI-[E APPROPRIATE UNIT We find, in substantial accordance with the agreement of the parties, that all truck drivers, warehousemen, and helpers of the Company's El Dorado, Arkansas branch, excluding office workers, the manager, salesmen, night watchmen, stenographers, bookkeepers, shipping and receiving clerks, mechanics and mechanics' helpers, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Ritchie Grocer Company of El Dorado, Arkansas, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Ar- ticle III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD States who present themselves in person at the polls, 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, to determine whether or not they desire to be represented by Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union 878, AFL, for the purposes of col- lective bargaining. 0