Jacob Schmidt Brewing Co.

National Labor Relations Board - Board Decisions

Dec 16, 1944

59 N.L.R.B. 1089 (N.L.R.B. 1944)

In the Matter of JACOB SCHMIDT BREWING COMPANY, TIIBO. HAMM
BREWING CO., YOERG BREWING COMPANY, INC. and INTERNATIONAL
UNION OF UNITED BREWERY., FLOUR, CEREAL, AND SOFT DRINK
WORKERS OF AMERICA, LOCAL UNIONS Nos. 97, 214, AND 343
Case No. 18-R-955
SUPPLEMENTAL DECISION
AND
SECOND°DIRECTION OF ELECTION
December 16, 1944
On July 21, 1944, the National Labor Relations Board issued its
Decision and Direction of Election' in the above-entitled proceeding.
Thereafter, on August 7, 1944, Brewery Beverage Drivers and Helpers
Union No. 993, affiliated with the International Brotherhood ofTeam-
sters, Chauffeurs, Warehousemen & Helpers of America, A. F. of L.,
herein called the Teamsters, petitioned the Board to reconsider its
Decision, and suggested that it would acquiesce in a Board finding that
yard drivers,should be included in its proposed unit. Thereupon, the
Board, by Order issued August 9, 1944, gave the International -Union
of United Brewery, Flour, Cereal, and Soft Drink Workers of America,
Local Unions Nos. 97, 214, and 343, herein called the Brewery, Workers,
an opportunity to reply to the said petition, and stayed the election
theretofore directed, pending the Board's disposal of the petition.,'
Upon the entire record in the case, including the petition filed by
the Teamsters and the answer filed thereto by the Brewery Workers,
we find no warrant for altering our Decision herein. The Teamsters'
petition is therefore denied. We shall, accordingly, provide in our
Second Direction of Election, hereinafter set forth, for the conduct
of an election in the unit originally determined to be appropriate. As
provided in the original Decision and Direction of Election, should
the Teamsters desire to participate in the election as herein directed,
and notify the Regional Director within ten (10) days after the date
of the issuance of this Supplemental Decision and Second Direction of
Election of its desire to participate, we shall entertain a motion to
that effect.
1 57 N. L. R. B. 548.
59 N. L. R. B., No. 193. 1089
1090 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
SECOND 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 Rela-
tions 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 Jacob Schmidt
Brewing Company, Theo. Hamm Brewing Company, and Yoerg Brew-
ing Company, Inc., all of St. Paul, Minnesota, 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 Director for the Eighteenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls , but excluding any,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
International Union of United Brewery, Flour, Cereal, and Soft
Drink Workers of America, Local Union Nos. 97, 214, and 343, for the
purposes of • collective bargaining.
MR. GERARD D. REILLY, dissenting:
Since the Teamsters' union is now willing to amend its proposed
unit to include yard drivers, I would, for the reasons expressed in my
concurring opinion herein, direct a self-determination election among
the drivers involved in this proceeding.