West Coast Wholesale Drug Co.

In the Matter of WEST COAST WHOLESALE DRUG COMPANY and INTER- NATIONAL LONGSHOREMEN & WAREHOUSEMEN'S UNION, LOCAL 9, DIS- TRICT 1, AFFILIATED WITH THE C. I. O. In the Matter Of WEST COAST WHOLESALE DRUG COMPANY and INTER- NATIONAL LONGSHOREMEN & WAREHOUSEMEN'S UNION, LOCAL No. 9, DISTRICT 1, AFFILIATED WITH THE C. I. O. Cases Nos. R-463 and C-1097, respectively SECOND DIRECTION OF ELECTION February 7, 1939 On February 4, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled representation proceeding and four related cases.' The Direction of Elections directed that certain elections by secret ballot be held, one of them among all the warehouse foremen, warehouse checkers, warehouse checkers and order pickers, warehouse order pick- ers, warehouse shipping and receiving clerks, warehouse country order packers, and warehouse city order packers, employed by West Coast Wholesale Drug Company, Seattle, Washington, herein called the Com- pany, during the pay-roll period next preceding October 28, 1937, to determine whether they desired to be represented by International Longshoremen and Warehousemen's Union, Local 9, District 1, herein called Local No. 9, or by Warehousemen's Union, Local 117, Interna- tional Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, herein called the Teamsters' Union, for the purposes of collective bargaining, or by neither.2 1 The four related cases were Matter of McKesson & Robbins, Inc., Blumauer Flank Drug Division and International Longshoremen & Warehousemen Union, Local 9, District 1, affiliated with the C . I. 0 ; Matter of McKesson & Robbins, Inc, McKesson-Stewart-Holmes Drug Division and International Longshoremen & Warehousemen Union, Local 9. District 1, affiliated with the C I. 0.; Matter of West Coast Kaisomine Company and International Longshoremen & Warehousemen Union, Local 9, District 1, affiliated with the C. I. 0.; and Matter of Bennis Bros. Bag Company and International Longshoremen & Warehouse- men Union, Local 9, District 1, affiliated with the C . 1. 0., 5 N L. R B 70 , all of which cases were consolidated with the present representation proceeding by order of the Board dated October 30, 1937. By order of the Board dated January 13 , 1939, the present rep- resentation proceeding was severed from the other four cases , and by another order dated that day it was consolidated with the above-entitled complaint proceeding. 2 On February 14, 1938, the Board Issued a Supplemental Decision and Amendment of Direction of Elections in the five cases referred to, but the employees of the Company were in no way affected thereby. 11 N. L. R. B., No. 10. 40 WEST COAST WHOLESALE DRUG COMPANY ET AL. 41 Pursuant to the Direction an election by secret ballot was conducted on February 18, 1938, at Seattle, Washington, tinder the direction and supervision of the Regional Director for the Nineteenth Region (Seattle, Washington). On or about February 19, 1938, the Regional Director issued and served upon the parties his Intermediate Report on the ballot, wherein he reported that six votes had been cast in favor of Local No. 9 and five in favor of the Teamsters' Union. On Febru- ary 26, 1938, L. Presley Gill, an attorney, filed with the Board a peti- tion signed and acknowledged by all but one of the employees partici- pating in the election, wherein, having stated that they revoked and nullified any previous authority vested in Local No. 9 to represent them in collective bargaining and that they unanimously desired to be represented for such purpose by the Teamsters' Union, they re- quested that the Board forthwith declare the Teamsters' Union their sole bargaining agency, or, in the alternative, that the Board order a new election or direct a further investigation. On March 1, 1938, Local No. 9 filed its answer to the said petition, in which it alleged that the employees had not signed it voluntarily, but only as a result of coercion and intimidation. On July 13, 1938, upon amended charges filed by Local No. 9, the Board, by the Regional Director, issued a complaint against the Company alleging, among other things, that the Company, by entering into a certain closed-shop contract with the Teamsters' Union when it represented practically no employees of the Company, and by dis- charging and refusing to reinstate William Nevers, one of its em- ployees, had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3), and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449. The respondent filed its answer denying the material allegations of the complaint and setting up an affirmative defense thereto. A hearing on the complaint was held on September 21, 1938, before Dwight W. Stephenson, the Trial Examiner duly designated by the Board. On or about December 19, 1938, the said Trial Examiner issued his Intermediate Report, in which he found that the Company had engaged in certain unfair labor practices and recommended that it cease and desist therefrom and take certain affirmative action. On or about January 26, 1939, the parties, by their respective at- torneys, and the Board, by the Regional Attorney for the Nineteenth Region, entered into a stipulation in the above-entitled consolidated proceeding, which provided that the Company would post certain notices, would offer to William Nevers immediate and full reinstate- ment to his former position without prejudice to his seniority and other rights and privileges, and would make him whole for any loss of pay suffered by reason of his discharge, by payment to him of the 42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stun of $897.89. The stipulation further provided that if the Board approved the stipulation, it might issue a new Direction of Election directing that, within ten days after the Company had taken such affirmative action, an election be held among the employees of the Company within the unit which the Board had found to be appro- priate, who were employed during the pay-roll period specified in the original Direction of Elections.3 By order of the Board dated Feb- ruary 2, 1939, the stipulation was approved and made a part of the record in the above cases. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with West Coast Wholesale Drug Company, Seattle, Washington, an election by secret ballot shall be conducted within ten days from the date on which the said Company has posted notices and reinstated and made whole William Nevers, as provided in the stipulation above referred to, under the direction and supervision of the Regional Director for the Nine- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all the warehouse foremen, warehouse checkers, warehouse checkers and order pickers, warehouse order pick- ers, warehouse shipping and receiving clerks, warehouse country order packers, and warehouse city order packers, employed by West Coast Wholesale Drug Company during the pay-roll period next preceding October 28, 1937, to determine whether they desire to be represented by International Longshoremen and Warehousemen's Union, Local 9, District 1, or by Warehousemen's Union, Local 117, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, for the purposes of collective bargaining, or by neither. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES March 16, 1939 On February 7, 1939, the National Labor Relations Board issued a Second Direction of Election in the above-entitled case. The said & The stipulation stated that the employees eligible to vote are Robert Dowd , Alfred Flett, Paul Hohl , Russell Unger, Harold Cusack , Robert Siders , Clark Brown, William Nevers , T L. Benson, Geary Sundeleaf , and Edward J. Barnes. The record shows that these are the same employees who voted in the first election WEST COAST WHOLESALE DRUG COMPANY ET AL. 43 Direction of Election directed that an election by secret ballot be con- ducted among all the warehouse foremen, warehouse checkers, ware- house checkers and order pickers, warehouse order pickers, warehouse shipping and receiving clerks, warehouse country order packers, and warehouse city order packers, employed by West Coast Wholesale Drug Company, Seattle, Washington, during the pay-roll period next preceding October 28, 1937, to determine whether they desired to be represented by International Longshoremen and Warehousemen's Union, Local 9, District 1, or by Warehousemen's Union, Local 117, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, for the purposes of collective bargaining, or by neither. Pursuant to the said Direction, an election by secret ballot was con- ducted on February 17, 1939, at Seattle, Washington, under the direc- tion and supervision of the Regional Director for the Nineteenth Re- gion (Seattle, Washington). On February 21, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued his Intermediate Report on the ballot, which was duly served upon the parties. No objections or exceptions to the said Intermediate Report have been filed by any of the parties. As to the results of the secret ballot, the Regional Director reported as follows : Total number eligible to vote_________________________________ 11 Total number of ballots cast__________________________________ 11 Total number of votes for International Longshoremen and Warehousemen's Union, Local 9, District 1__________________ 1 Total number of votes for Warehousemen's Union, Local 117, In- ternational Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America____________________________________ 10 Total number of votes in favor of neither______________________ 0 Total number of blank ballots________________________________ 0 Total number of void ballots__________________________________ 0 Total number of challenged votes____________________________ 0 Total number of eligible voters not voting_____________________ 0 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Warehousemen's Union, Local 117, In- ternational Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America has been designated and selected by a majority of the warehouse foremen, warehouse checkers, warehouse checkers and order pickers, warehouse order pickers, warehouse shipping and re- ceiving clerks, warehouse country order packers, and warehouse city 44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD order packers, of West Coast Wholesale Drug Company, Seattle, Washington, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Warehousemen's Union, Local 117, International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 11 N. L. R. B., No. 10a.