Casteel Distributing Co., et al.

In the Matter of CASTEEL DISTRIBUTING COMPANY, ET AL., EMPLOYER and UNITED LIQUOR SALESMEN'S ASSOCIATION OF SPRINGFIELD, ILLINOIS, PETITIONER Case No. 13-B-4361.-Decided February 11, 1948 Golan and Golan, by Mr. Chester F. McNamara, of Chicago, Ill., for Tick. Mr. Norman P. Jones, of Springfield, Ill., for the other Employers. Messrs. Lee Ensell and J. D. Picco, of Springfield, Ill., for the Petitioner. Mr. S. G. Lippman, of Chicago, Ill., for the Intervenor. DECISION DIRECTION OF ELECTIONS AND ORDER Upon a petition duly filed, hearing in this case was held at Spring- field, Illinois, on August 19, 1947, before Robert Ackerberg, hearing officer.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. At the hearing, Paul Tick Liquor Co., Inc., herein called Tick, appearing specially, moved to dismiss the proceeding as to itself on the ground that no question exists concerning the representation of its employees. For reasons stated in Section IV, infra, the motion is hereby granted. At the hearing, the Intervenor moved to dismiss the petition on the ground that the several Employers do not come within the jurisdiction of the Board inasmuch as they are not engaged in commerce within the meaning of the Act. For reasons set forth in Section I, infra, the mo- tion is hereby denied. Upon the entire record in the case, the Board makes the following : 1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members [ Houston , Reynolds, and Gray]. 76 N. L. R. B, No 23. 153 154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYERS Casteel Distributing Company is an Illinois corporation engaged in the general business of wholesale liquor distribution in and around Springfield, Illinois. In the last 9 months, liquors and related prod- ucts valued in excess of $100,000 were shipped to Springfield from places outside Illinois. Illinois Tobacco Company is an Illinois corporation, engaged in the general business of wholesale liquor distribution in and around Springfield, Illinois. In the last 9 months, liquors and related prod- ucts valued in excess of $1,000,000 were shipped to Springfield from places outside Illinois.- Central Illinois Distributing Company is an Illinois corporation engaged in the general business of wholesale liquor distribution in and around Springfield, Illinois. During the last 9 months, liquor and related products valued in excess of $500,000 were shipped to Spring- field from places outside Illinois. George A. Mueller & Company is an Illinois corporation engaged in the general business of wholesale liquor distribution in and around Springfield, Illinois. During the last 9 months, liquor and related products valued in excess of $500,000 were shipped to Springfield from places outside Illinois. W. F. McHenry and Arthur I. Roufa, d. b. a. W. F. McHenry & Company, are a partnership engaged in the general business of whole- sale liquor distribution in and around Springfield, Illinois. During the last.9 months, liquor and related products valued in excess of $300,000 were shipped to Springfield from places outside Illinois. John Egizii, d. b. a. E. & F. Distributing Company, is an individual partnership engaged in the general business of wholesale liquor dis- tribution in and around Springfield, Illinois. During the last 9 months, liquor and related products valued in excess of $100,000 were shipped to Springfield from places outside Illinois. Van Pickerill & Sons is a partnership engaged in the general busi- iiess of wholesale liquor distribution in and around Springfield, Illi- nois. During the last 9 months, liquor and related products valued in excess of $100,000 were shipped to Springfield from places outside Illinois. Paul Tick Liquor Company, Inc., herein called Tick, is an Illinois corporation engaged in the general business of wholesale liquor dis- tribution in and around Springfield, Illinois. During the last year liquor and related products valued in excess of $1,000,000 were shipped to Springfield from places outside Illinois. CASTEEL DISTRIBUTING COMPANY 155 Each of the Employers, with the exception of Tick, admits and we find that it is engaged in commerce within the meaning of the Act. Contrary to the contention of Tick, we find that it is engaged in commerce within the meaning of the Act.' H. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization claiming to represent employ- ees of the Employers. Distillery, Rectifying and Wine Workers' International Union of America, Local 103, herein called the Intervenor, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employers. III. THE QUESTIONS CONCERNING REPRESENTATION The Employers have severally refused to recognize the Petitioner as the exclusive bargaining representative for certain of their em- ployees because of conflicting claims to representation on the part of Petitioner and the Intervenor covering the same group, of employees. At various times between June and October 1946, all the Employers herein individually signed agreements with the Intervenor, which agreements provided for the recognition of the Intervenor as the sole bargaining agent for all salesmen of the Employers; for the employ- ment only of salesmen who were members in good standing of the In- tervenor; for the formation of a committee representing the Employ- ers to meet with a committee representing the Intervenor to negotiate wages, hours, and conditions of employment; and for the check-off of union initiation fees and dues. These agreements contained no expira- tion date and made no provision for wages, hours, or other conditions of employment, leaving such matters to future negotiation. The In- tervenor contends that these recognition agreements constitute a bar to a present determination of representatives. Inasmuch as these agree- ments failed to embody substantive terms concerning conditions of em- ployment, they do not constitute a bar to a present determination of representatives.3 We find that questions affecting commerce exist concerning the rep- resentation of employees of all Employers, except Tick,4 within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 3 Matter of Taylor's Oak Ridge Corporation, 74 N. L R B 930. 3 Matter of Peoria Wholesale Liquor Distributors Association, et al., 74 N. L. R. B. 208. ! For reasons stated in Section IV , infra, we find that no question concerning representa- tion exists respecting Tick 's employees. 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNITS The Petitioner and all the Employers except Tick desire a multiple- employer unit consisting of all salesmen of the Employers. The Inter- venor and Tick contend that single employer units are appropriate. The Petitioner and the other Employers agreed at the hearing that if the Board should hold a multiple-employer unit inappropriate, they would consent to elections directed in single employer units. The Employers are competitors in liquor distribution and sale in and about Springfield. They have neither expressly nor impliedly delegated to any association, committee or other joint body, the author- ity to bargain collectively on their behalf with respect to their em- ployees. The Employers' committee provided for in the recognition agreement entered into by the Employers and the Intervenor, appears never to have functioned. We are, therefore, unable to find that the several Employers together constitute a single employer within the meaning of Section 2 (2) of the Act, and accordingly we must hold that a unit consisting of the employees of the several Employers is not appropriate for the purpose of collective bargaining.5 The liquor salesmen of the eight Employers sell liquor in various territories in the region in and about Springfield, Illinois. Their cus- tomers are retail outlets or taverns and their hours of work are tailored to suit the convenience of their customers. They work a 5-day week for the most part, but their method of compensation varies from employer to employer. The operations of the several companies are separate and distinct. We believe that salesmen of each of the single Employers named may properly constitute an appropriate unit. With respect to Tick, however, the Petitioner conceded at the hear- ing that it had obtained no applications for membership among the salesmen of that Employer. Under these circumstances, we shall dismiss the petition so far as it concerns salesmen employed by Tick. We find that all liquor salesmen of Casteel Distributing Company, Central Illinois Distributing Co., John Egizii, d. b. a. E. & F. Dis- tributing Company, Illinois Tobacco Company, E. F. McHenry and Arthur I. Rouf a, d. b. a. W. F. Mc}Ienry & Company, Geo. A. Mueller & Co., and Van Pickerill & Sons, all of Springfield, Illinois, respec- tively, excluding supervisors, constitute separate units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. , See Matter of The New York Association of Wholesalers of Ladies' & Children's Hats, Inc., et al., 53 N. L. R. B. 38; Matter of Northern Coal and Wood Company, 55 N. L. R. B. 764. CASTEEL DISTRIBUTING COMPANY 157 DIRECTION OF ELECTION 6 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Casteel Distributing Company, Central Illinois Distributing Co., John Egizii, d. b. a. E. & F. Dis- tributing Company, Illinois Tobacco Company, W. F. McHenry and Arthur I. Roufa, d. b. a. W. F. McHenry & Company, Geo. A. Mueller & Co., and Van Pickerill & Sons, Springfield, Illinois, separate elec- tions 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 Thirteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the em- ployees in the respective units found appropriate in Section IV, 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 o$, but excluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the elections, and also excluding employees on strike who are not entitled to reinstatement, to determine in each unit whether or not they desire to be represented by United Liquor Salesmen's Asso- ciation of Springfield, Illinois, for the purpose of collective bargaining. ORDER It is hereby ordered that the petition for investigation and cer- tification of representatives of employees of Casteel Distributing Com- pany, Central Illinois Distributing Co., John Egizii, d. b. a. E. & F. Distributing Company, Illinois Tobacco Company, W. F. McHenry and Arthur I. Rouf a, d. b. a. McHenry & Company, Geo. A. Mueller & Co., Van Pickerill & Sons, and Paul Tick Liquor Company, Inc., all of Springfield, Illinois, filed by Liquor Salesmen's Association of Springfield, Illinois, be and it hereby is, dismissed without- prejudice, insofar only as it relates to employees of Paul Tick Liquor Company, Inc. Having failed to achieve compliance, or to initiate steps for compliance, with the filing requirements of Section 9 (f), (g), and (h) of the Act, the Intervenor will not be accorded a place on the ballot.