Portsmouth Coca-Cola Bottling Works

PORTSMOUTH COCA-COLA BOTTLING WORKS 641 III. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE The activities of the Respondent set forth in section II, above, occurring in; connection with the operations of the Respondent described in section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and; obstructing commerce and the free flow of commerce. IV. THE REMEDY It having been found that the Respondent has engaged in certain unfair labor practices, it will be recommended that it cease and desist therefrom and that it take certain affirmative action designed to effectuate the policies of the Act. Upon the basis of the foregoing findings of fact, and upon the entire record in; the case, the Trial Examiner makes the following: CONCLUSIONS OF LAW 1. Local 384, International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, Independent, is a labor organization within the meaning of Secton 2(5) of the Act. 2. By interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act, the Respondent has committed unfair labor practices within the meaning of Section 8(a) (1) of the Act. 3. The aforesaid unfair labor practices are unfair labor practices within the- meaning of Section 2(6) and (7) of the Act. 4. The Respondent did not violate Section 8(a)(3) of the Act by discharging Charles Coffman. [Recommendations omitted from publication.] Norfolk Coca-Cola Bottling Works, Incorporated , t/a Ports- mouth Coca-Cola Bottling Works i and Teamsters Local No. 822, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner- Norfolk Coca-Cola Bottling Works, Incorporated, t/a Ports- mouth Coca-Cola Bottling Works and Teamsters Local No. 822, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America , Petitioner- Norfolk Coca-Cola Bottling Works, Incorporated and Teamsters Local No. 822, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner Norfolk Coca-Cola Bottling Works, Incorporated and Teamsters, Local No. 822, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petitioner. Cases Nos. 5-RC-2629, 5-RC-2645, 5-RC- 2634, and 5-RC-2646. April 6, 1959 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed under Section 9(c) of the Na- tional Labor Relations Act, as amended, a consolidated hearing was 1The name of the Employers and Petitioner appear in the caption as amended at the hearing. 123 NLRB No. 79. 509989--60-vol. 123-=42 642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD held before Louis Aronin, hearing officer. The hearing officer's rul- ings 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 delegated its powers in connection with these cases to a three-member panel [Chairman Leedom and Mem- bers Bean and Jenkins]. Upon the entire record in these cases, the Board finds : 2 1. The Employers are engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organization involved claims to represent certain employees of the Employers.3 3. Questions affecting commerce exist concerning the representa- tion of employees of the Employers within the meaning of Section 9(c) (1) and Section 2(6) and (7) of the Act. 4. The parties are in agreement that there should be four separate units in these cases, as follows : (1) In Case No. 5-RC-2629, a unit of driver-salesmen, drivers' helpers, and checkers at the Portsmouth, Virginia, plant; (2) in Case No. 5-RC-2645, a unit of production employees at the Portsmouth plant; (3) in Case No. 5-RC-2634, a unit of driver-salesmen, drivers' helpers, and checkers at the Nor- folk, Virginia, plant; and (4) in Case No. 5-RC-2646, a unit of production employees at the Norfolk plant. The parties disagree as to the unit placement of the employees discussed below, all of whom the Employer would include in driver-salesmen units whereas Peti- tioner would not include them in any unit found appropriate herein. Merchandising and sales promotion man: The principal job of this Norfolk employee is to promote sales. In this connection, he spends from 60 to 75 percent of his time in contacting the military and servicing military accounts. The rest of his time is spent in setting up special events for civilian accounts. On occasions, he substitutes for driver-salesmen. Advertising promotion man: This employee at the Norfolk plant spends 90 percent of his time in setting up advertising displays at the customers' premises and in promoting the Employer's products. He too handles special events. Cup vending machine servicemen: This Norfolk employee cleans, services, and sanitizes the cup vending machines at the customers' premises and handles special events. He also relieves driver-sales- 2 The Employers' request for oral argument is hereby denied as the record and briefs adequately set forth the position of the parties. I In view -of the fact that the Board has been administratively advised that the Eastern Conference of Teamsters and Joint Council No. 83 of Virginia are in compliance with the filing provisions of the Act, we deny the Employers' motion to dismiss based on the alleged noncompliance of these organizations. See General Shoe Corporation, 122 NLRB 1619. PORTSMOUTH COCA-COLA BOTTLING WORKS 643 men, in which capacity he has spent about 25 percent of his time during the past few months. Lead salesmen: Lead salesmen, also known as route men, are employed at both Norfolk and Portsmouth. They spend 10 percent of their time in setting up special events, 25 percent of their time in relieving driver-salesmen, and the balance of their time in riding with driver-salesmen to customers' premises where they promote sales, improve displays, and handle complaints. If a driver-salesman is not performing his job satisfactorily, the lead salesman "could make some recommendations" in that connection which "could, on occasions" carry weight with the Employer, who conducts an inde- pendent investigation of the matter. Lead salesmen wear the same uniform as driver-salesmen. While the driver-salesmen earn a salary and commission, all the above-mentioned employees are salaried. However, the employees in issue enjoy the same benefits and conditions of employment as the driver-salesmen and none of them is shown to possess supervisory authority. Upon the entire record, we find that all the outside employees engaged in selling and promoting the sale of the Em- ployers' products have sufficient interests in common to be joined in the same unit. We shall therefore join the lead salesmen and driver- salesmen in the same unit at Portsmouth and also include the adver- tising promotion man, cup vending machine servicemen, the mer- chandising and sales promotion man, and lead salesmen in the unit with driver-salesmen at Norfolk. Accordingly, we find that the following employees of the Em- ployers constitute units appropriate for purposes of collective bar- gaining within the meaning of Section 9(b) of the Act : Case No. 5-RC-2629 All driver-salesmen, drivers' helpers, checkers, and lead salesmen employed by Norfolk Coca-Cola Bottling Works, Incorporated, t/a Portsmouth Coca-Cola Bottling Works, at its Portsmouth, Virginia, plant, excluding office clerical employees , professional employees, watchmen, guards , and supervisors as defined in the Act. Case No. 5-RC-2645 All production employees employed by Norfolk Coca-Cola Bot- tling Works, Incorporated, t/a Portsmouth Coca-Cola Bottling Works, at its Portsmouth, Virginia, plant, excluding office clerical employees, professional employees, delivery repair mechanics, re- frigeration department employees, advertising department employ- 644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ees, watchmen, guards, the checker ,4 and all other supervisors as defined in the Act. Case No. 5-RC-2634 All driver-salesmen, drivers' helpers, checkers, the advertising pro- motion man, cup vending machine serviceman, merchandising and sales promotion man, and lead salesmen employed by Norfolk Coca- Cola Bottling Works, Incorporated, at its Norfolk, Virginia, plant,, excluding office clerical employees, professional employees, watch-- men, guards, and supervisors as defined in the Act. Case No. 5-RC-2646 All production employees employed by the Norfolk Coca-Cola. Bottling Works, Incorporated , at its Norfolk , Virginia, plant, ex- cluding office clerical employees , professional employees , delivery repair mechanics, refrigeration department employees , advertising- department employees , watchmen, guards , the checker, and all other supervisors as defined in the Act. [Text of Direction of Elections omitted from publication.] 4 While the parties agreed to include nonsupervisory employees classified as checkers in! the driver- salesmen units, they also agreed, and the record shows, that certain production, employees at Portsmouth and Norfolk classified as checkers should be excluded from the, production units as supervisors. Rokwell Industries, Inc. and Warehouse and Distribution Work- ers Union, Local 688, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Petitioner.. Case No. 14-RC-3479. April 6, 1959 DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to stipulations for certification upon consent election,' an election by secret ballot was conducted on October 31, 1958, under the direction and supervision of the Regional Director for the Four- teenth Region. At the conclusion of the election, a tally of ballots was furnished to the parties pursuant to the Board's Rules and' Regulations. The tally showed that, of 41 votes cast in the election,, 24 were cast for the Petitioner and 17 were cast for the Intervenor. On November 6, 1958, the Employer filed timely objections to conduct affecting the results of the election. The Regional Director- investigated the objections and issued a report on objections and. 1 On October 1, 1958, the Employer and Petitioner signed the original stipulation herein- Thereafter on October 21, 1958 , a superseding stipulation was signed by the Employer;. Petitioner, and Intervenor , Rokwell Metal Workers Union. 123 NLRB No. 81.