Clyde Collins, Inc.

National Labor Relations Board - Board Decisions

Jun 18, 1946

68 N.L.R.B. 669 (N.L.R.B. 1946)

In the Matter of CLYDE COLLINS, INC and UNITED GAS, COKE & CHEMI-
CAL WORKERS OF AMERICA, CIO
Case No. 15-R-1638.-Decided June 18, 1946
Mr. Clarence Clifton, of Memphis, Tenn., for the Company.
Miss Helen McClurg, of Memphis, Tenn., for the Union.
Mr Sydney S. Asher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Gas, Coke & Chemical Workers
of America, CIO, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Clyde Collins, Inc., Memphis, Tennessee, herein called the
Company, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Gerald A. Brown, Trial Examiner.
The hearing was held at Memphis, Tennessee, on May 9, 1946. The
Company and the Union appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded opportunity to file
briefs with the Board.
Following the hearing, the Company applied to the Board to have
the case remanded to the Trial Examiner, and the hearing reopened.'
The Company contends that, although it submitted a pay roll in evidence,
which was open to the Union's inspection, no opportunity was given
to the Company to determine if the Union had sufficient interest to
justify the ordering of an election. Complaint is made particularly that
the Trial Examiner denied the Company's request to examine the Union's
card for authenticity, and further denied its request for information
I The Company's motion to correct the official transcript of the proceedings , as set forth in
its brief, is hereby granted
68 N. L. R. B., No. 93.
669
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
about the strength of the Union's representation. We hold that the Trial
Examiner's ruling were correct. For at least 10 years it has been the
established policy of the Board in representation cases not to compel a
union to produce its membership rolls for examination,2 except where
the union seeks certification without an election, which is not the case
here. More recently, the Board has declined to require any information
with respect to the strength of participating unions to be put into evi-
dence prior to the holding of an election.3 Accordingly, we hereby deny
the Company's motion to reopen the hearing.4
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Clyde Collins, Inc., is a Tennessee corporation, with a place of business
in Memphis, Tennessee, where it is engaged in the preparation and sale
of foods, flavors, drugs, cosmetics, and other products. During the 12
months immediately prior to the hearing, the Company Purchased raw
materials in excess of $500,000, approximately 80 percent of which came
from States other than the State of Tennessee. During the same period,
the Company's sales exceeded $1,000,000, in value, of which approxi-
mately 90 percent was shipped to customers outside the State of Tennes-
see.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Gas, Coke & Chemical Workers of America is a labor organi-
zation, affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bar,gaining representative of the Company's production and
maintenance employees until the Union has been certified by the Board
in an appropriate unit.
2 Matter of Gate City Cotton Mills, 1 N L. R . B. 57; Matter of Samson Tire and Rubber
Corporation , 2 N. L. R. B. 148.
s Matter of O. D. Jennings & Company, 68 N L. R. B 516
* The Company also objected that the 7 -day time limit for the filing of briefs was unreason-
ably short . However, since the Company was granted a 10-day extension upon request, this
question is now moot.
CLYDE COLLINS, INC. 671
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Company conducts its operations in three buildings, all located
within a radius of one block. Both the Company and the Union desire
the workers of all three buildings to be included in a single unit. In
substantial accordance with the agreement of the parties, and based upon
the entire record, we find that all production and maintenance em-
ployees of Clyde Collins, Inc., Memphis, Tennessee, including truck
drivers and receiving clerks, but excluding office employees, clerical
employees, salesman , chemists, employees of the printing department,
and all supervisory employees with authority to hire, promote, discharge,
discipline , or otherwise effect changes in status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein, sub-
ject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
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,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations - Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Clyde Collins, Inc.,
Memphis, Tennessee, 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 supervision of the Regional Direc-
tor for the Fifteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Sections 10
and 11 , of said Rules and Regulations, among employees in the unit
found appropriate in Section IV, above, who were employed during
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves 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 or not
they desire to be represented by United Gas, Coke & Chemical Workers
of America, CIO, for the purposes of collective bargaining.