Harker-Beauman & Co.

National Labor Relations Board - Board DecisionsJun 17, 1940

24 N.L.R.B. 777 (N.L.R.B. 1940)

In. the Matter Of HARKER-BEAUM'AN & COMPANY and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, STABLEMEN & HELPERS, LOCAL 844, AFFILIATED WITH'THE'A.F. OF L. Case No. R-1851.-Decided June 17, 1940 Retail . Dealer in Coal, Farm Equipment , and Building Materials-Investi- ,gation of Representatives : petition for, dismissed , where no question concerning representation of employees in an appropriate unit has arisen. Mr. Henry W. Lehmann, for the Board. Mr. F. H. Kennedy, of Estherville, Iowa, for the Company. . Mr. Carl R. Treband, of Fort Dodge, Iowa, for the Union. Miss Ann Landy, of counsel to the Board. DECISION AND ORDER STATEMENT OF. THE CASE On March 30, 1940, International Brotherhood of Teamsters, C hauffeurs, Stablemen & Helpers, Local 844, affiliated with the A. F. .of L. herein called the Union, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) a petition,. and on April 5, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning the-representation of employees of Harker-Beauman & Company, Estherville, Iowa, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to= Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 30, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 3, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. On May 10, 1940, on request of the respondent, the Regional Director 24 N. L. R. B., No. S0. 777 778 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD issued an order of continuance, and on May 16, a second notice of hearing, Copies, of both were served upon the said parties. Pur- suant to the second notice, a hearing was held on May 23, 1940, at Estherville, Iowa, before Joseph F. Hektoen, the Trial Examiner- duly designated' by, the Board. The: Board, the Company,: and the Union were represented by counsel, participated in the hearing, and were afforded full opportunity to be heard, to examine and cross- ,examine witnesses, and to,introduce evidence bearing upon the issues.. During the course of! the hearing the, Trial Examiner made several rulings on motions and on objections to the admission of evidence.. The Board has reviewed the rulings of the Trial Examiner and finds- that .no prejudicial errors ,were committed.. The-,rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Harker-Beauman & Company, a partnership consisting of James: J. Harker, V. J. Beauman-, and Nora Marie Harker, with its office and place of business at Estherville, Iowa, is a retail dealer in coal,, farm equipment, and building materials. Approximately 75 per cent of the merchandise annually purchased by the Company is transported into Iowa from other States. In 1939 the total. sales of: the Company amounted to approximately $225,000, of which it. shipped 10 to 25 per cent into States.other than Iowa. II. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers is a labor organization affiliated with the American Fed- eration of. Labor. III. THE APPROPRIATE UNIT In its amended petition the Union. alleges that all truck drivers employed by the Company who are engaged exclusively in the trans- portation of lumber and building materials constitute.an appropriate. unit and that the Company employes three such persons. V. J. Beaumail, one of. the partners,--manages the lumber and building materials business of the Company ; James J. Harker, an- other partner, has charge of the machinery, coal, and farm imple- ments business. The. Company employs 11 men, 7 of whom are em- ployed under Beauman's supervision, and 4 under Harker's. Five of Beaumann's' men, William Galvin, Arthur B. Miller , Herbert C. Weber, and, since March 1940, A. B. Baldwin and James Baldwin, HARKER-BEAUMAN & COMPANY 779 spend substantial portions of their time transporting lumber. Loren Book, who is engaged primarily in transporting machinery, also has spent some of his time delivering lumber since March 1940. Oliver Aasby and Edward A. Swanson have occasionally delivered machin- ery since March 1940.. The three men, Galvin, Miller, and Weber, who according to the Union's claim comprise the appropriate unit, are members of the Union. They were the only employees engaged in transporting lumber prior to March 1940. However, even at that time none of them was exclusively so engaged, but in addition to driving, loading, and unloading they spent one-fourth to one-half of their time in waiting on customers and performing numerous other tasks for the Company: Thus, even these three employees do not fill the qualifications for inclusion in -the appropriate unit which the Union set up in it's petition. The, duties of. these three men at the present time is exactly the same as the duties of A. E. Baldwin 'and James' Baldwin' and substantially similar to that of Loren Book. Under such circumstances, we find that the unit sought by the Union is not appropriate for the purposes of collective bargaining. IV. THE QUESTION CONCERNING REPRESENTATION We have found in Section III above that the unit which' the peti- tioner seeks is not appropriate for the purposes of collective bargain--.. ing. No claim was presented at the hearing relative to any other unit. We find, therefore, that no question has arisen concerning the representation of employees of the Company in an appropriate bar- gaining unit. . -Upon the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LA IN' No question concerning the representation of employees of Har- ker-Beauman & Company, Estherville, Iowa, in a unit which is appro- priate for the purposes of collective bargaining has arisen within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact and conclusions of law, the National Labor Relations Board hereby dismisses the amended petition for investigation and certification filed by Inter- national Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local .844, affiliated with the A. F. of L.