Stroh Brewery Co.

STROH BREWERY COMPANY 847 Accordingly, we find that no grounds exist for setting aside the elections. As the Petitioner failed to receive a majority of the valid ballots cast, we shall certify the results of the elections. [The Board certified that a majority of the valid ballots were not cast for the Petitioner, Retail Clerks International Association, Local Union No. 782, AFL, and that the Petitioner is not the exclusive repre- sentative of the employees employed in stores within divisions I and II of the Crown Drug Company.] STROH BREWERY COMPANY and BEER BOTTLERS LOCAL UNION 181,1 INTERNATIONAL UNION OF BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS OF AMERICA, CIO, PETITIONER. Case No. 7-RC-2576. November 10, 1954 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Iris H. Meyer, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act.' 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 Petitioner seeks to represent as a separate unit all case beer checkers at the Employer's Detroit, Michigan, brewery. In the alter- native, the Petitioner seeks to represent the case beer checkers as part of an existing bottling department unit which the Petitioner cur- rently represents.' The Employer contends that the only appropriate unit is one which includes all office clericals, case beer checkers, and keg beer checkers at the Detroit, Michigan, brewery. At the present time the Employer has a contract with Local Unions No. 3, No. 38, and No. 181, affiliated with International Union of Brewery, Flour, Cereal, Soft Drink and Distillery Workers of 'As its duect out-of-State purchases are in excess-of $500,000 a year, we find, contrary to the Employer's contention, that the Employer is engaged in commerce within the mean- ing of the, Act. ' 2In view of our decision in this case, it is unnecessary to discuss various other alter- nate unit suggestions by the Petitioner. 110 NLRB No. 125. 848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD America, CIO. This contract covers all employees at the Employer's Detroit, Michigan, brewery, except office clericals, case beer checkers, and keg beer checkers, who are unrepresented; and except electricians, machinists, and powerhouse employees, who are represented by craft unions. Under the terms of this contract, Local 3 represents the employees in the brewing department, Local 38 represents the employees in the delivery department, and Local 181, the Petitioner herein, represents the employees in the bottling department. There are approximately 27 case beer checkers employed at the brewery. These checkers work in three shifts with a foreman in charge of each shift and a supervisor in charge of the case beer check- ing operation. The case beer checkers are assigned either to the load- ing dock, or to the basement, which is an area below ground level where the bottling department's bottle soaking and washing rooms are located, or to the bottling department's bonded warehouse. All of these work areas are physically located in the bottling department building. When assigned to the loading dock, the case beer checkers have the responsibility of counting the number of beer cases that are loaded aboard delivery trucks. This count is then recorded by the checkers on an invoice and turned in to the receiving office which is also located on the loading dock. In the basement the checkers record the figures appearing on a mechanical counter. This counter counts the beer cases that are unloaded from the delivery trucks as they are being conveyed by a conveyor belt from the loading dock to the soaking and washing room. As part of their duties in the basement, the checkers are required to open beer cases as they pass by on a con- veyor to make sure that only the Employer's bottles have been returned. Anywhere from 1,000 to 1,400 beer cases are inspected by a checker each time a truck is unloaded. In the bonded warehouse the checkers glue tax stamps on all cases of beer which are destined for shipment into the State of Indiana. This job requires that the checkers affix stamps on beer cases at the rate of 1,000 an hour. In the performance of their duties, the case beer checkers often work alongside and in conjunction with the bottling department employees. Thus, bottlers also work in the washing and soaking room in the basement and in the bonded warehouse. The bottlers handle the returned empty beer cases after they have been inspected by the checkers, and also send cases of beer to the loading dock in response to orders relayed them by the checkers. Similarly, all beer cases stamped by the checkers are placed on the conveyor belt by-the bottlers. In addition to their complementary work assignments and physical proximity, case beer checkers and bottling department STROH BREWERY COMPANY 849 employees are furnished uniforms by the Employer, and, with the exception of severance pay, both receive the same fringe benefits. Further, although the checkers are salaried and bottlers hourly paid, the checkers have been given wage increases comparable to those granted bottling department employees. On the other hand, office clericals work in a separate building, under separate supervision, and all work on one daytime shift. They do not, in the performance of their duties, come in contact with the case beer checkers. In like manner, the keg beer checkers work in the brewing department, which is in a separate building, under sepa- rate supervision, and do not come in contact with either the case beer checkers or the office clerical employees. From the foregoing it is clear that the case beer checkers sought by the Petitioner are a residual group of unrepresented employees who do not, by themselves, constitute, as contended by the Petitioner, an appropriate unit. Nor, in view of their differing work assignments and work areas, do they constitute an appropriate unit in combination with the office clericals and keg beer checkers, as contended by the Em- ployer. We find, however, in view of the facts set forth above, that the case beer checkers do have a sufficient community of interests with the bottling department employees to be included in the same unit. Accordingly, we shall direct an election in the following voting group : 3 all case beer checkers at the Employer's Detroit, Michigan, brewery, including the loading dock receiving office clerk,' but exclud- ing the case beer checker supervisor and foremen, and all other supervisors as defined in the Act. If a majority of the employees in the foregoing voting group vote for the Petitioner, they will be taken to have indicated their desire to be included in the bottling department unit at the Employer's brewery which is presently represented by the Petitioner, and the Peti- tioner may bargain for such employees as part of that unit. If a majority of them vote against the Petitioner, they will be taken to have indicated their desire to remain outside that unit, and the Regional Director is instructed to issue a certification of results of election to that effect. [Text of Direction of Election omitted from publication.] MEMBER PETERSON took no part in the consideration of the above Decision and Direction of Election. 8 See, The Zia Company, 108 NLRB 1134. * We find that the receiving office clerk who works in an office on the loading dock and handles the clerical work for the case beer checkers is a plant clerical, and as such, con- trary to the Petitioner's contention, is properly included in the unit. 338207-55-vol. 110-55