Thomas & Howard Co. of Charleston

In the Matter of THOMAS & HOWARD COMPANY OF CHARLESTON, EM- PLOYER and FOOD, TOBACCO, AGRICULTURAL & ALLIED WORKERS UNION OF AMERICA, CIO, LOCAL 15, PETITIONER Case No. 10-R-2110.-Decided November 8, 1946 Mr. Walter B. Wilbur, of Charleston, S. C., for the Employer. Messrs. Reuel Stanfield and William Hopps, of Charleston, S. C., for the Petitioner. Mr. Carl R. Barnes, of Charleston, S. C., for the Intervenor. Mr. Samuel G. Hamilton, of counsel to the Board. I DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Charles- ton, South Carolina, on September 19, 1946, before William M. Pate, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Thomas & Howard Company of Charleston is engaged in the whole- sale grocery business at Charleston, South Carolina. During the past year the Employer purchased in excess of $500,000 worth of materials, of which approximately 75 percent represented shipments from points outside the State of South Carolina. During the same period, the Employer's sales were in excess of $500,000, all of which were made within the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 71 N. L. R. B., No. 91. 619 620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, Local 897, herein called the Intervenor, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning- the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree and we find that all production and maintenance employees of the Employer, including truck drivers, helpers, porters, and common laborers, but excluding office and clerical employees, salesmen, and all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Thomas & Howard Company of Charleston, Charleston, South Carolina, 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 super- vision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4,-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 in- cluding employees in the armed forces of the United States who THOMAS & HOWARD COMPANY OF CHARLESTON 621 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 they desire to be represented by Food, Tobacco, Agricultural & Allied Workers Union of America, CIO, Local 15, or by International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, Local 897, AFL, for the purposes of collective bargaining, or by neither. 0