McKesson & Robbins, Inc.

National Labor Relations Board - Board Decisions

Feb 4, 1938

5 N.L.R.B. 70 (N.L.R.B. 1938)

In the Matter of McKESSON & ROBBINS, INC., BLUMAUER FRANK DRUG
DIVISION and INTERNATIONAL LONGSHOREMEN & WAREOUSEMENS'
UNION, LOCAL 9, DISTRICT 1, affiliated with the C. 1. 0.
In the Matter of MCKESSON & ROBBINS, INC., MCKESSON -STEWART-
HOLMES DRUG DIVISION and INTERNATIONAL - LONGSHOREMEN &
WAREHOUSEMENS UNION, LOCAL 9, DISTRICT 1, affiliated with the
C. 1. O'.
In the Matter Of WEST COAST WHOLESALE DRUG COMPANY and INTER-
NATIONAL LONGSHOREMEN & WAREHOUSE, MENS UNION. LOCAL 9, DIS-
TRICT 1, affiliated with the C. I. 0.
In the Matter Of WEST COAST KALSOMINE COMPANY and INTER-
NATIONAL LONGSHOREMEN & WAREHOUSEMENS UNION, LOCAL 9,
DISTRICT 1, affiliated with the C. I. 0.
In the Matter of BEMIS BROS. BAG COMPANY and INTERNATIONAL
LONGSHOREMEN & WAREHOUSEMEN'S UNION, LOCAL 9, DISTRICT 1,
affiliated with the C. I. 0.
Cases Nos. R-461-465 inclusive .Decided February 4, 1038
Wholesale Drug and Liquor , Kalsomine and Water Paint Dlanufacturwig, and
Bag Manufacturing Industries-Investigation of Representatives : agreement
between two unions to submit jurisdictional dispute to convention of organi-
zation with which both unions were affiliated , not binding where one union
subsequently terminates its affiliation ; agreement by employees to be bound
by jurisdictional decision of such , organization regardless of subsequent dis-
affiliation by their union not binding under circumstances of case ; closed-shop
contract with union not having a majority membership no bar to subsequent
action by Board; agreement with employer making labor organization the
bargaining agent of employees who are members of such organization, its
affiliated organizations and/or member local unions , in those of the employer's
places of business where less than a majority of the employees are such mem-
bers, does not preclude the Board from certifying another representative if a
majority of employees desire such other representative-Unit Appropriate for
Collective Bargaining : person engaged partly in office and partly in warehouse
to be included in unit in which he is engaged most of his time ; foremen with-
out power to discharge or hire not necessarily excluded from bargaining unit
with non-supervisory employees ; employees in a factory who are engaged in
warehouse work closely connected with operations of factory as a whole do not
constitute a separate appropriate unit ; no evidence that Nation-wide unit
appropriate-Elections Ordered-Certification . of Representatives : employees of
one company-Petition Dismissed: no representative chosen by employees at
election in another company.
70
DECISIONS AND ORDERS 71
Mr. Elwyn J. Eagen and Mr. Thomas P. Graham, Jr., for the
Board.
Bogle, Bogle ct Gates, by Mr. Cassius E. Gates and Mr. Warren
Brown, Jr., of Seattle, Wash., for McKesson-Stewart and McKesson-
Blumauer.
Roberts do Skeel, by Mr. E. L. Skeet, and Mr. Harry Henke, Jr.,
of Seattle, Wash., for West Coast Drug, West Coast Kalsomine, and
Bemis Bag.
Houghton, Cluck d Coughlin, by Mr. Paul Coughlin, of Seattle,
Wash., for Local No. 9.
Mr. George Turitz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On October 28, 1937, International Longshoremen and Warehouse--
men's Union, Local 9, District 1, herein called Local No. 9, filed with,
the Regional Director for the Nineteenth Region (Seattle, Washing-
ton) five separate petitions, each alleging that a question affecting
commerce had arisen concerning the representation of employees of'
the company named in the petition, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the,
National Labor Relations Act, 49 Stat. 449, herein called the Act,
The companies named in the five petitions are, respectively, McKesson
& Robbins, Inc., McKesson-Stewart-Holmes Drug Division, herein
called McKesson-Stewart; 1 McKesson & Robbins, Inc., Blumauer
Frank Drug Division, herein called McKesson-Blumauer; 1 West
Coast Wholesale Drug Company, herein called West Coast Drug;
West Coast Kalsomine Company, herein called West Coast Kalso-
mine; and Bemis Brothers Bag Company, herein called Bemis Bag.
On October 30, 1937, the National Labor Relations Board, herein`
called the Board, acting pursuant to Section 9 (c) of the Act, and
Article III, Sections 3 and 10 (c) (2), of National Labor Relations,
Board Rules and Regulations-Series 1, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice, and further
ordered that, for purposes of hearing, the cases be consolidated and,
that one record of the hearing be made.
On November 1, 1937, the Regional Director issued a notice of
hearing ; on November 3, 1937, he issued an order changing the place
2 McKesson-Stewart and McKesson-Blumauer are each referred to herein as a separate.
company
80535-38--6
72 NATIONAL LABOR RELATIONS BOARD
of hearing ; and on November 6, 1937, he issued an order postponing
the hearing . Copies of the notice and each order were duly served
upon each of the companies , upon Local No. 9, and upon Warehouse-
men's Union , Local 117, International Brotherhood of Teamsters,
Chauffeurs , Stablemen and Helpers of America, herein called the
Teamsters ' Union, a- labor organization claiming to represent em-
ployees directly affected by the investigation . Pursuant to the notice
and the orders , a hearing was held on November 18, 19, 20, and 22,
1937, at Seattle , Washington, before Patrick H. McNally, the Trial
Examiner duly designated by the Board. The Board , each company,
and Local No . 9 were represented by counsel and participated in the
hearing. The Teamsters ' Union did not appear at the hearing or par-
ticipate in this proceeding in any way . Full opportunity to be heard,
to examine and to cross -examine witnesses , and to introduce evidence
bearing on the issues was afforded to all parties. During the course
of the hearing the Trial Examiner made several rulings on motions
and on objections to the admission of evidence . Local No. 9 and each
of the five companies submitted briefs to the Board after the hearing.
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 COMPANIES
'A. and B. McKesson-Stewart and McKesson-Blumauer are each a
separate division of McKesson & Robbins, Inc., a Maryland corpora-
tion, which has its principal place of business in Bridgeport, Connect-
icut. McKesson & Robbins, Inc. is engaged in the business of the
sale, manufacture, and distribution of wholesale drugs, liquors and
drug products, and has a large number of wholesale houses in differ-
ent States of the United States, each of which is a division under local
management, having its own warehouse. Although title to the assets
of McKesson-Blumauer had not, at the date of the hearing been vested
in McKesson & Robbins, Inc., the latter corporation had contracted
to purchase the assets and was in possession of them, and had under-
taken supervision of the operations of the business.
McKesson-Stewart and McKesson-Blumauer are both located in
Seattle, Washington. The former does an annual business of about
$1,900,000.00, and the latter of about $900,000.00. Most of the goods
sold by each come from States other than Washington, and most of
the shipments are by water. These shipments are picked up at the
terminal at Seattle, where the ships discharge their cargo, by em-
ployees of McKesson-Stewart and McKesson-Blumauer and are trans-
DECISIONS AND ORDERS 73
ported to their respective warehouses in trucks owned and operated
by them.
About 92 per cent of the goods sold by each company are sold in
the State of Washington, and the remainder in the Territory of
Alaska. A very small part of the products sold by each is manu-
factured in its own laboratories. Proprietary medicines which are
received by each are stored in the respective plants and shipped out
to customers as required. Most of the proprietary medicines are so
shipped out in the original containers in which they were received.
McKesson-Stewart normally has approximately 102 employees,
including four truck drivers, 23 salesmen, 33 office employees, and
40 persons who do. work in and about its warehouse. McKesson-
Blumauer normally has approximately 42 employees, including two
truck drivers, a salesman, 11 office employees, and 21 persons who
work in and about its warehouse.
C. West Coast Drug is a Washington corporation, carrying on a
wholesale drug business on a cooperative plan. It maintains and con-
ducts a wholesale drug plant at Seattle, Washington. Its-merchan-
dise consists of drug merchandise and sundries of all sorts and
descriptions commonly on sale at drug stores. More than 98 per cent
of the merchandise which it sells originates outside of the State of
Washington, most of it being shipped to the company by water.
The total volume of sales of the company for the fiscal year 1936
was $806,100.66, of which approximately 4.76 per cent was sold out-
side' the State of Washington. It normally has approximately 29,
employees, including two outside salesmen, 12 office employees, a
janitor, three persons in the Kodak department, and 11 persons who
work in and about the warehouse.
D. West Coast Kalsomine is a California corporation, the principal
place of business of which is located in that State. It is engaged in
the manufacture of kalsomine and water paints of various types.
It maintains six plants for the manufacture of these products in four
different States and at Sidney, Australia. Each plant is operated as
a distinct and separate unit. We are here concerned only with the
plant located in Seattle, Washington.
The materials used in the Seattle plant consist primarily of chalk,
glue, casein, and various coloring materials and other products.
More than 98 per cent of all such materials' originate outside the
State of Washington. A railroad siding runs from the 'tracks of
the Union Pacific Railway to the Seattle plant and shipments arriv-
ing or leaving by rail do so by that siding.
West Coast Kalsomine is one of the principal manufacturers of
kalsomine in the United States, and its Seattle plant 'is one of the
only two kalsomine manufacturing plants located in the' Pacific
Northwest. About 35 per cent of the total output of the Seattle plant
74
NATIONAL LABOR RELATIONS BOARD
is sold in the State of Washington, and about 65 per cent is sold in
the States of Oregon, Idaho, Montana and the Province of British
Columbia in Canada.
A warehouse is maintained in connection with the Seattle plant.
In addition to an office force, a sales force and the executive personnel,
approximately 22 persons are normally employed in the Seattle plant,
-including 12 who work in the warehouse proper and in the packag-
ing department, and the rest of whom do work in connection with
the actual making of the company's products.
E. Bemis Bag is a Missouri corporation, having its principal place
of business in St. Louis, Missouri . It is engaged in the manufacture,
sale, and distribution of cotton, paper, and burlap bags. It maintains
factories in sixteen cities located in fourteen different States of the
Union, including a factory in Seattle, Washington. We are here
concerned only with the Seattle factory.
The materials used in the Seattle plant consist primarily of burlap,
which is imported directly from India to Seattle, and cotton and
paper, which come from cotton and paper mills located in States
along the Eastern Seaboard and the Pacific Coast, a substantial por-
tion being shipped directly from paper and cotton mills operated by
the company outside the State of Washington. The total volume-
of the raw materials brought into the State of Washington and used
by the company in the Seattle plant for manufacturing during the
fiscal year 1936 amounted to approximately $1,750,000.00.
The total volume of sales of Bemis Brothers Bag Company for
the fiscal year 1936 amounted to approximately $29,000,000.00, while
that of the Seattle plant amounted to approximately $2,000,000.00.
About 64 per cent of the output of the Seattle plant is disposed of
in the State of Washington, and the balance of 36 per cent in the
States of Oregon, Idaho and Montana, and in Alaska. In addition
to its sales , office, and supervisory personnel; the company normally
employs approximately 154 workers in the Seattle plant, 140 of whom
are engaged in manufacturing and printing, about five of whom do
work in connection with the receiving, shipping, and handling of
goods, in the nature of warehouse work, and the rest of whom do
work of various other types.
II. THE ORGANIZATIONS INVOLVED
International Longshoremen and Warehousemen's Union, Local 9,
District 1, is a labor organization chartered by District 1 of the In-
ternational Longshoremen and Warehousemen's Union, herein called
the I. L. W. U., which is affiliated with the Committee for Industrial
Organization, herein called the C. I. O. It admits to its membership
all employees of the five companies here involved within the several
DECISIONS AND ORDERS , 75
bargaining units herein found to be appropriate. It was formed
in September 1937, by the officers and members of Weighers, Ware-
housemen and Cereal Workers, Local 38-117, of the International
Longshoremen's Association, herein called the Longshoremen's
Union, when the Pacific Coast District of the International Long-
shoremen's Association, herein called the I. L. A., gave up its affilia-
tion with the American Federation of Labor, herein called the A. F.
of L., and became affiliated with the C. I. O.
Warehousemen's Union, Local 117, International Brotherhood of
'Teamsters, Chauffeurs, Stablemen and Helpers of America, is a labor
organization chartered by the International Brotherhood of Team-
sters, Chauffeurs, Stablemen and Helpers of America, herein called
the Teamsters' Brotherhood, which is affiliated with the A. F. of L.
It admits to its membership all employees of the five companies here
involved within the several bargaining units herein found to be
appropriate, except in the case of Bemis Bag, where it admits only
employees doing work such as is customarily done in and around
warehouses.
III. THE QUESTION CONCERNING REPRESENTATION
The Longshoremen's Union was formed in June 1935, and shortly
thereafter began organizational activities. A large majority of the
employees of McKesson-Stewart, West Coast Drug, Bemis Bag, and
Blumauer Frank Drug Company, of which McKesson-Blumauer is
the successor, had joined the Longshoremen's Union by October 1936,
-and a large majority of the employees of West Coast Kalsomine had
joined it by February 1937. The Longshoremen's Union entered
into a written closed-shop agreement with West Coast Drug which
expired September 30, 1937. It agreed with each of the other com-
panies upon a statement of policy to apply to such company. The
Teamsters' Union, formed in October or November 1936, began to
picket. McKesson-Stewart and Blumauer Frank Drug Company in
January 1937, and to prevent trucks of the companies from running,
such action being taken in order to persuade employees of the Com-
panies to join the Teamsters' Union.2 As a result of the activities
of the Teamsters' Union, the two plants closed on January 7, 1937.
due to similar activities of the Teamsters' Union, West Coast Drug
and Bemis Bag closed in March 1937. In March 1937, the Team-
sters' Union also began to picket the plant of West Coast Kalsomine,
and to prevent trucks from being furnished to it. The majority of
2 In February 1937 , the Executive Council of the A. F . of L extended the jurisdiction of
the Teamsters ' Brotherhood , by which the Teamsters ' Union had been chartered, so as
to cover persons employed in warehouses away from the marine docks and the actual
-waterfront . The five plants here in question are all located away from the actual water-
front It does not appear that prior to the action of the Executive Council , the A F of L.
had granted the Teamsters' Brotherhood jurisdiction over such workers.
76 NATIQNAL LABOR RELATIONS BOARD
the employees thereupon joined the Teamsters' Union, and the plant
continued to operate. After about ten days, however, it was closed
because of picketing by the Longshoremen's Union.
Various attempts were made to negotiate a settlement of the dis-
pute between the two unions at the five plants, and a committee of
business and professional men of Seattle, herein called the Citizens'
Committee, was formed to aid in the negotiations. Each union and
the Citizens' Committee in turn submitted a proposed agreement; "
but the proposals were all rejected. Finally, on or about June 9, 1937,
the Citizens' Committee submitted to both Unions a proposal, herein
called the Truce, which provided that the five plants would reopen
under guarantees by both Unions that the workers would be per-
mitted to return to work and that products would be hauled and
delivered without interference; that the employees would return to
work under• their then union affiliations; that the I. L. A. would
appeal from the decision of the A. F. of-L. Executive Council to the
October convention of the A. F. of L., and that both unions would
be bound by the final decisions of that convention as to which union
should have jurisdiction; that if the I. L. A. did not so appeal, both
unions would abide by the decision already made by the Executive
Council; that the Truce would become effective when it was signed
by the officers of the Unions; and that the signing of the Truce
by the employees would entitle each one signing to the same position
which he had held before the plant in which he worked had ceased
operations.
As noted above,4 the decision of the A. F. of L. Executive Council
referred to in the Truce extended the jurisdiction of the Teamsters'
Brotherhood to cover those persons in the warehouses located away
from the marine docks or the actual waterfront, and stated that
those persons employed in the warehouses located on the marine
docks and on the actual waterfront come under the jurisdiction of
the I. L. A.
a The Longshoremen's Union's proposal ( Bemis Bag Exhibit No. 5) provided that
representatives of both unions would meet to make a final settlement of the matter, and
that if, upon such final settlement either union turned out to have members who should
be in the other one, a transfer of membership would be "made upon agreement of the
members themselves ." The Teamsters' Union's proposal ( Bemis Bag Exhibit No 6) pro-
vided that the Longshoremen 's Union was to be given the discretion to appeal to the
A F. of L. convention to be held in Denver the following October, that in the mean-
time the five plants would reopen , both unions obeying the jurisdictional decision of the
A. F. of L. Executive Council. The Citizens ' Committee proposal , made about April 7,
1937 ( contained in Petitioner 's Exhibit No. 23), provided for the icopening of the five
plants, the employees of the three drug companies to go back to work under the jurisdiction
of the Teamsters ' Union, those of Bemis Bag to go back to work under the jurisdiction
of the Longshoremen 's Union, and those of West Coast Kalsomine to remain with which-
ever of the two unions they were then affiliated , and that the controversy be referred to
the aforesaid convention of the A F. of L.
4 See footnote 2, p. 75.
DECISIONS AND ORDERS 77
The officers of the Longshoremen's Union indicated their agree-
ment with the terms of the proposal. Upon being informed of the
position of the Longshoremen's Union, Dave Beck, the International
Organizer of the Teamsters' Brotherhood on the West Coast, stated
that he would sign if Harry Bridges, the West Coast Organizer
for the I. L. A., and the individual employees signed, and if the
proposal was approved by the attorney of the Teamsters' Union.
The latter approved the proposal, subject to the addition of a pro-
vision for the dismissal of a pending injunction suit, to which the
Longshoremen's Union consented. On Friday, June 11, 1937, officials
of the Longshoremen's Union and two employees of Bemis Bag
signed the Truce, and that night or early the next morning Bridges,
who was in Portland, signed. The Truce was then brought by the
attorney for three of the companies, accompanied by attorneys for
the Longshoremen's Union and the manager and several employees
of Bemis Bag, to Beck for his signature. Beck insisted that the
individual employees sign before he did and that the individual
employees also sign the following supplemental agreement :
Supplementing the foregoing agreement, Nye do hereby agree,
that if the International Longshoremen's Association shall sever
its connection with the American Federation of Labor, we will
nevertheless obey the jurisdictional decision of the American
Federation of Labor and if the decision of the Executive Council
is not reversed, we will immediately make application for mem--
bership in the Teamsters' Union.
The attorney for the three companies testified at the hearing that
the attorneys for the Longshoremen's Union consented to the addi-
tion of the supplemental agreement at the time the Truce was pre-
sented to Beck for signature. It does not appear that Bridges or
the officials of the Longshoremen's Union knew of the supplemental;
agreement at the time they signed the Truce or at any time prior to,
the signing of the Truce or of the supplemental agreement by
employees of any of the five companies.
About midnight, Sunday, June 13th, the attorney for the Team-
sters' Union signed on behalf of Beck and stated at the time that
such signing was upon the condition that the agreement should not
become effective until the employees had signed it and also the sup-
plemental agreement. A signed copy of the Truce was handed to a
representative of the Citizens' Committee who was to keep it in his•
custody until the employees had signed. The attorney for three
of the companies had copies of the Truce delivered on Monday
to all the companies except possibly West Coast Kalsomine, which
received it within a few days thereafter. The copies delivered to,
West Coast Drug, West Coast Kalsomine and Bemis Bag had copies.
'78 NATIONAL LABOR RELATIONS BOARD
of the supplemental agreement annexed; those delivered to McKesson-
Stewart and Blumauer Frank Drug Company did not. The attorney
for the three companies testified that it was accidental that the sup-
plemental agreement was not included in the copies delivered to the
latter two companies.
The Monday morning newspapers carried news stories stating
that the disputes at the five companies had been settled, and many
of the employees went to the plants Monday morning. At all five
companies the employees, before being permitted to work, were re-
quired to sign the following statement which was annexed to a copy
of the Truce:
The undersigned employees of (here was inserted the name of
the particular company) fully understanding the within agree-
ment, hereby approve the same and agree to be bound thereby.
The employees at West Coast Drug and West Coast Kalsomine, and
the five warehouse employees at Bemis Bag were also required to
sign the supplemental agreement annexed to the copy of the Truce.
The majority of the employees, apparently assuming that all papers
presented to them had the approval of the officials of the labor or-
ganization to which they belonged, signed the same without ques-
tion. A few of the more cautious employees of Bemis Bag raised
some question as to the supplemental agreement and consulted two
of the shop stewards about it. The shop stewards testified that they
informed the questioners that the Truce was worthless because of
the supplemental agreement, but that the employees should sign it
so as to return to work. The Teamsters' Union refused to allow
trucks to operate at the Bemis Bag plant until all the warehousemen
at the plant had signed the supplemental agreement, and about noon
on Monday, ^une 14th, an attorney of the Longshoremen's Union
signed the supplemental agreement on behalf of one of the warehouse-
men of Bemis Bag who was away from the city.
McKesson- Stewart, Blumauer Frank Drug Company, West Coast
Drug, and Bemis Bag reopened their plants on Monday, June 14th,
and West Coast Kalsomine reopened its plant about a week or ten
days later. At the times the respective plants reopened, substantially
all of the employees of each signed the statement annexed to the
Truce, and substantially all of the employees of West Coast Drug and
West Coast Kalsomine, and the warehouse employees of Bemis Bag,
also signed the supplemental agreement.
Early in June 1937, the Executive Board of the Pacific Coast
District of the I. L. A. ordered that a referendum be taken among the
membership of its locals on the question of whether or not the organi-
zation should become affiliated with the C. I. 0. The referendum
resulted in a vote favorable to affiliation with the C. I. 0. There-
DECISIONS AND ORDERS 79,
after, in August 1937, the officers of the Pacific Coast District of the
I. L. A. received from the C. I. O. a charter for a new union, the
I. L. W. U. The officers of the Longshoremen's Union received from
District No. 1 of the I. L. W. U. the charter for Local No. 9. About
September 27, 1937, Local No. 9 distributed among the employees
of the five companies cards which it is alleged most of the employees.
signed, whereby they authorized Local No. 9 to represent them in
collective bargaining while working under its jurisdiction, and where-
by they agreed to observe its constitution and bylaws. Local No. 9
now claims to represent a majority of the employees of each com-
pany within the appropriate unit and desires certification as such
representative.
On October 13, 1937, the A. F. of L. convention in Denver adopted
a supplementary report of the Executive Council to the effect that.
it had extended the jurisdiction of the Teamsters' Brotherhood to-
persons employed in warehouses located away from marine docks and
the actual waterfronts. During the last days of October 1937, the,
employees of the five plants received letters signed by W. L. Glazier,,
secretary-treasurer of the Teamsters' Union, informing them of the
action taken by the convention, and that they were expected to live
up to the terms of the Truce agreement which they had signed, and
stating that employees coming under the jurisdiction of the Team-
sters'- Union would have to make application for transfer into it by
4 o'clock on October 30, 1937.
On November 1, 1937, the employees of West Coast Kalsomine
were laid off pending the arrival of additional materials, but on
November 2nd the Company decided not to reopen until the dispute
between the Teamsters' Union and Local No. 9 was settled. On
November 15th the Teamsters' Union began to picket West Coast-
Drug and Bemis Bag, and on November 16th to picket McKesson-
Blumauer. All three closed shortly thereafter. McKesson-Stewart.
does not appear to have been picketed by the Teamsters' Union at
this time. It has continued to operate without interruption.
On August 18, 1937, McKesson & Robbins, Inc., and the A. F. of L.
entered into a nation-wide agreement which provided, among other-
things, that McKesson & Robbins, The.. recognized the A. F. of L. as
the representative of all employees of that corporation who are mem-
bers df the A. F. of L., its affiliated organizations and/or member local
unions, and as the sole collective bargaining agency for the employees
in those of the corporation's places of business where a majority of
such employees are such members. The agreement did not apply to
supervisory or laboratory employees, or to buyers, assistant buyers,
credit men, assistant credit men, or executives. On November 15,
1937, McKesson-Stewart and McKesson-Blumauer respectively agreed
with the Teamsters' Union upon "Labor Relations" schedules to be
$o NATIONAL LABOR RELATIONS BOARD
attached to the nation-wide agreement, each such schedule providing
for a closed shop. On November 17th West Coast Drug called a meet-
ing of its employees and informed them that it was about to enter
into a closed-shop contract with the Teamsters' Union. Such a con-
tract was executed on November 18, 1937, and on the. same day West
Coast Drug sent copies of the contract, together with a form of
application for membership in the Teamsters' Union, to all its ware-
house employees. It reopened its plant on November 22, 1937.
The Truce, the supplemental agreement, the agreement between they
A. F. of L. and McKesson & Robbins, Inc., and the three closed-shop
agreements have no effect upon the determination of the issues in
these proceedings.
The companies claim that since the A. F. of L. convention upheld
the decision of the Executive Council extending the jurisdiction of the
Teamsters' Brotherhood so as to cover persons employed in ware-
houses away from the marine docks and the actual waterfront, all
-employees affected by the Truce must, under its terms, become mem-
bers of the Teamsters' Union. The Truce, however, was a means of
adjusting a dispute between two organizations affiliated with the
A. F. of L. It would appear that it was not intended to be binding
in a case where, as in the present case, one of the parties left the
A. F. of L. That the Teamsters' Union understood the Truce to be
-so limited in its application is shown by the fact that Beck, after
consulting the attorney for the Teamsters' Union, insisted upon the
execution by the employees of a supplemental agreement providing
that if the I. L. A. left the A. F. of L., the employees affected by the
Truce would nevertheless apply for membership in the Teamsters'
Union if the decision of the Executive Council was not reversed by
the convention. The Truce is, therefore, not binding in the present
situation upon Local No. 9 or the employees who signed the statement
that they approved the Truce and agreed to be bound by it.
The employees signing the supplemental agreement agreed that
if the I. L. A. severed its connection with the A. F. of L. they would
nevertheless, in the event the decision of the Executive Council was
not reversed, immediately make application for membership in the
Teamsters' Union. The supplemental agreement was clearly signed
by the employees under the belief that it was part of the agreement
which had been approved by Bridges and the officers of the Long-
shoremen's Union. Although there is testimony to the effect that on
Saturday, after the Truce had been signed by Bridges and the of-
ficers of the Longshoremen's Union, two attorneys of the Longshore-
men's Union consented to the supplemental agreement, neither
Bridges nor the officers of the Longshoremen's Union, as pointed out
above, knew about such supplemental agreement at the time they
signed the Truce. Nor does it appear that they knew about such
DECISIONS AND ORDERS 81
supplemental agreement until after it had been signed by the em-
ployees. Clearly under these circumstances the supplemental agree-
ment cannot bar the employees who signed it from exercising their
right freely to choose representatives for the purposes of collective
bargaining. It is, therefore, not necessary to consider what would
be the Board's determination as to the effect of such an agreement
under circumstances different from those here presented, or to de-
termine whether employees can under any circumstances bind them-
selves to be subject to the jurisdictional rulings of an organization
to which they do not belong.
Under the nation-wide agreement between the A. F. of L. and
McKesson & Robbins, Inc., the A. F. of L. is declared to be the repre-
sentative only of its members in places of business of McKesson &
Robbins, Inc., where the majority of the employees, in classes af-
fected by the agreement, are not members of the A. F. of L., its
affiliated organizations and/or member local unions. Such an agree-
ment will not preclude the Board from certifying a representative
other than the A. F. of L. as the- exclusive bargaining representative
of employees within appropriate units at McKesson-Stewart and
McKesson-Blumauer if a majority of the employees within such
units desire such other representative.5
On November 15, 1937, the date on which McKesson-Stewart and
McKesson-Blumauer each signed a closed-shop agreement with the
Teamsters' Union, very few, if any, employees of those companies
were members of the Teamsters' Union. On November 18, 1937, at
which time West Coast Drug signed a closed-shop agreement with
the Teamsters' Union, practically no employees of that company, if
any, were members of the Teamsters' Union. The three closed-shop
contracts, therefore, are not a bar to any action which the Board
may take in the present proceeding.
We find that a question has arisen concerning representation of
employees of each of the companies.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find as to each of the companies in this proceeding that the
question concerning representation which has arisen, occurring in
connection with its operations described in Section I above, has a
close, intimate, and substantial relation to trade, traffic, and com-
merce among the several States, and tends to lead and has led to
labor disputes burdening and obstructing commerce and the free
flow of commerce.
5 See in the Matter of City Auto StasnpznD Company and International Union, United
Automobile Workers of America, Local No 12, 3 N . L R B 300.
82 NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
A. McKesson-Stewart. In its petition Local No. 9 alleges that "all
employees who are employed in and about the warehouse" of McKes-
son-Stewart constitute an appropriate unit. It appears from the
record that Local No. 9 intended to include within such description
of the unit employees of the following classifications: Order clerks,
checkers, stock clerks, shipping-receiving-elevator employees, ware-
housemen, packers, laboratory foremen, and miscellaneous helpers
and apprentices. The only. laboratory foreman employed by the
company does not appear to have any authority to hire or discharge
employees.
The Company introduced in evidence a photostatic copy of a letter
signed by the A. F. of L., by Lewis G. Hines, its director of organiza-
tion, indicating that the A. F. of L. considered employees at all
the plants of McKesson & Robbins, Inc., as the appropriate bargain-
ing unit. The letter stated that the nation-wide contract, referred
to in Section III above, between McKesson & Robbins, Inc., and
the A. Y. of L. was executed upon the basis of such a unit. The
record contains no showing that employees of all the plants of Mc-
Kesson & Robbins, Inc., constitute an appropriate bargaining unit.
Furthermore, an examination of the contract itself shows that the
parties did not consider all such employees to constitute an appropri-
ate bargaining unit for all purposes, but provided that collective bar-
gaining would be carried on in material respects on the basis of the
individual plants.
We find that all the order clerks, checkers, stock clerks, shipping-
receiving-elevator employees, warehousemen, packers, laboratory fore-
men, and miscellaneous helpers and apprentices, of McKesson-Stewart
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
B. McKesson-Blumauer. In its petition Local No. 9 alleges that
"all employees who are employed in and about the warehouse" of
McKesson-Blumauer constitute an appropriate unit. It appears from
the record that Local No. 9 intended to include within such descrip-
tion of the unit employees of the following classifications: Pharma-
cists, sundry order clerks, assistant sundry order clerks, sundry stock
men, elevator and basement men, packers, control desk employees,
checkers, cage order clerks, order floor clerks, receiving clerks, ship-
ping clerks, and telephone order clerks in the main office. Local No.
9 claims that the two telephone order clerks in the main office, both
of whom are members of Local No. 9, are essentially warehouse
6 McKesson Exhibit No. 9.
DECISIONS AND ORDERS 83
workers, while the Company claims that they are office workers. The'
evidence indicates that they spend the greater part of their time in
the office. We feel, therefore, that they should not be included in
the same bargaining unit as the employees of the other classifications
mentioned above.
The discussion in subsection A above, relative to the contention
of the A. F. of L. that all the employees of McKesson & Robbins,
Inc., constitute an appropriate unit, is also applicable here.
We find that all the pharmacists, sundry order clerks, assistant
sundry order clerks, sundry stock men, elevator and basement men,
packers, control desk men, checkers, cage order clerks, order floor
clerks, receiving clerks, and shipping clerks, of McKesson-Blumauer
constitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
C. West Coast Drug. , In its petition Local No. 9 alleges that
"all employees who are employed in and about the warehouse" of
West Coast Drug constitute an appropriate unit. It appears from
the record that Local No. 9 intended to include within such descrip-
tion of the unit employees of the following classifications : Warehouse
foremen, warehouse checkers, warehouse checkers and order pickers,
warehouse order pickers, warehouse shipping and receiving clerks,
warehouse country order packers, and warehouse city order packers.
The only warehouse foreman employed by the company does not
appear to have any power to hire or discharge employees, and is
a member of Local No. 9. No claim was made at the hearing that
the unit described in the petition is not appropriate.
We find that 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, of West Coast Drug constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
D. West Coast Kalsomine. In its petition Local No. -9 alleges that
all the employees of West Coast Kalsomine "engaged in and about
the plant, exclusive of office and supervisory personnel" constitute an
appropriate unit. It appears from the record that Local No. 9 in-
tended to include within such description of the unit employees of the
following classifications : Jumpermen, millmen, general employees,
firemen, color mixers, warehousemen, base department employees, re-
pairmen, and packers. Although there are included within these
classifications some employees who are not engaged in warehouse
84 NATIONAL LABOR RELATIONS BOARD
'work, no claim was made at the hearing that the unit described in
the petition is not appropriate.
We find that all the jumpermen, millmen, general employees, fire-
men, color mixers, warehousemen, base department employees, repair-
men, and packers, of West Coast Kalsomine at its Seattle plant con-
stitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the company the full
benefit of their right to self-organization and to collective bargain-
ing and otherwise effectuate the policies of the Act.,
E. Bemis Bag. In its petition Local No. 9 alleges that "all em-
ployees employed by this company exclusive of office and supervisory
personnel" constitute an appropriate unit. It appears from the rec-
ord that Local No. 9 intended to include sales employees among those
excluded. The record shows that the Teamsters' Union does not wish
to represent any employees of Bemis Bag other than five warehouse-
men.
In addition to its sales, office and supervisory personnel, the com-
pany employs about 154 workers at the Seattle plant, 140 of whom
are engaged in manufacturing and printing. On the list introduced
in evidence of the employees on the company's pay roll, two of the
warehousemen are classified as elevator operators and truckers, two,
as truckers, and one as a shipping room warehouseman. The func-
tion of these five employees is to move the bales of materials received
and of finished products into and out of the plant, and from place
to place within it. Materials are received in heavy bales which are
stored and then moved, as they are required, to the floor where the
manufacturing process commences. The company's manager testi-
fied that the moving of goods which is done by the five warehousemen
is essential to the plant's operation. These employees appear to per-
form functions intimately related to the operation of the plant as a
whole.
It does not appear that collective bargaining has at any time in the
past been carried on with the company on behalf of the warehouse-
men separately. As is the case with substantially all the employees
within the bargaining unit contended for by Local No. 9, all the ware-
housemen were members of the Longshoremen's Union and are now
members of Local No. 9. We feel, on the basis of the evidence pre-
sented at the hearing, that the five warehousemen should be included
in the bargaining unit.
We find that all the employees of Bemis Bag employed at its Seat-
tle plant, excluding sales, office and supervisory personnel, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure' to employees of the company the full benefit of
their right to self-organization and to collective bargaining and other-'
wise effectuate the policies of 'the Act.
DECISIONS AND ORDERS
VI. THE DETERMINATION OF REPRESENTATIVES
85
Local No. 9 introduced in evidence pledge cards which it claimed
were signed during the last part of September 1937, by employees.
of the five companies, designating Local No. 9 as their bargaining
representative. A comparison of the names on the pledge cards and
the names on the lists introduced in evidence of the persons on the
pay rolls of the five companies indicates that a majority of the em-
ployees in the appropriate unit in each company signed pledge cards,
Local No. 9 also introduced in evidence lists of its members employed
by each of the companies. A comparison of the names on the mem-
bership lists and the names on the lists introduced in evidence of the
persons on the pay rolls of the five companies indicates that a ma-
jority of the employees in the appropriate unit in each company were
members of Local No. 9 as of September 1937.
The record, however, indicates that a substantial number of the
employees of McKesson-Stewart who were members of Local No. 9
and had signed pledge cards, applied on November 17, 1937, for
membership in the Teamsters' Union. Although it does not appear
clearly, there is evidence indicating that a similar occurrence probably
took place among the employees of West Coast Drug. This indicates
the possibility of a change in the desires of the employees in Mc-
Kesson-Stewart and West Coast Drug concerning representation.
Indeed, in view of all the circumstances present in the instant pro-
ceeding, we feel that there is doubt as to the present desire of the
employees of each of the five companies relative to representation.
We find, therefore, that the question which has arisen concerning rep-
resentation can best be resolved by means of an election by secret
ballot.
Those eligible to vote in the elections shall be the persons employed
by the Companies during the pay-roll period next preceding October
28, 1937, the date on which the petitions were filed, within the respec-
tive bargaining units which were found to be appropriate in Section
V above.
On the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of McKesson & Robbins, Inc., McKesson-
Stewart-Holmes Drug Division; McKesson & Robbins, Inc., Blumauer
Frank Drug Division ; West Coast Wholesale Drug Company ; West
Coast Kalsomine Company; and Bemis Brothers Bag Company,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
.86 NATIONAL LABOR RELATIONS BOARD
2. All the order clerks, checkers, stock clerks, shipping-receiving-
elevator employees, warehousemen, packers, laboratory foremen, and
miscellaneous helpers and apprentices, of McKesson & Robbins, Inc.,
McKesson-Stewart-Holmes Drug Division, constitute a unit appro-
priate for the purposes of collective. bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. All the pharmacists, sundry order clerks, assistant sundry order
clerks, sundry stock men, elevator and basement men, packers, control
desk men, checkers, cage order clerks, order floor clerics, receiving
clerks, and shipping clerks, of McKesson & Robbins, Inc., Blumaue.r
Frank Drug Division, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
4. All the warehouse foremen, warehouse checkers, warehouse check-
ers and order pickers, warehouse order pickers, warehouse shipping
and receiving clerks, warehouse country order packers, and ware-
house city order packers, of West Coast Wholesale Drug Company
constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
5. All the jumpermen, millmen, general employees, firemen, color
mixers, warehousemen, base department employees, repairmen, and
packers, of West Coast Kalsomine Company at its Seattle plant con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
6. All the employees of Bemis Brothers Bag Company at its Seattle
plant, excluding sales, office and supervisory personnel, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
it is hereby
DmEcrrn that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with McKesson
& Robbins, Inc., McKesson-Stewart-Holmes Drug Division, an elec-
tion by secret ballot shall be conducted within 20 days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Nineteenth 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
DECISIONS AND ORDERS 87
the order clerks, checkers, stock clerks, shipping-receiving-elevator
employees, warehousemen,; packers, laboratory foremen, and miscel-
laneous helpers and apprentices, employed by McKesson & Robbins,
Inc., McKesson-Stewart-Holmes Drug Division, during the pay-roll
period next preceding October 28, 1937, to determine whether they
desire to be represented by International Longshoremen and Ware-
housemen'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; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
McKesson & Robbins, Inc., Blumauer Frank Drug Division, an elec-
tion by secret ballot shall be conducted within 20 days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Nineteenth 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
pharmacists, sundry order clerks, assistant sundry order clerks,
sundry stock men, elevator and basement men, packers, control desk
men, checkers, cage order clerks, order floor clerks, receiving clerks,
and shipping clerks, employed by McKesson & Robbins, Inc., Blum-
auer Frank Drug Division, 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;
and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
West Coast Wholesale Drug Company, an election by secret ballot
shall be conducted within 20 days from the date of this Direction,
under the direction and supervision of the Regional Director for
the Nineteenth Region, acting in this matter as agent for the Na-
tional 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 pickers, 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
80535-38-7
88
NATIONAL LABOR RELATIONS BOARD
Helpers of America, for the purposes of collective bargaining, or
by neither; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
West Coast Kalsomine Company, an election by secret ballot shall be
conducted within 20 days from the date of this Direction, 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 jumpermen, millmen, general em-
ployees, firemen, color mixers, warehousemen, base department em-
ployees, repairmen, and packers, employed by West Coast Kalsomine
Company at its Seattle plant during the pay-roll period next preced-
ing October 28, 1937, to determine whether they desire to be repre-
sented by International Longshoremen and Warehousemen's Union,
Local 9, District 1, or by Warehousemen's Union, Local 117, Inter-
national Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, for the purposes of collective bargaining, or by
neither; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
Bemis Brothers Bag Company, an election by secret ballot shall be
conducted within 20 days from the date of this Direction, 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 employees of Bemis Brothers Bag
Company employed at its Seattle plant during the pay-roll period
next preceding October 28, 1937, excluding sales, supervisory and
office personnel, 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
SUPPLEMENTAL DECISION
AND
AMENDMENT OF DIRECTION OF ELECTIONS
February 14, 1938
On February 4, 1938, the National Labor Relations Board , herein
called the Board, issued a Decision and Direction of Elections
directing that elections be held among certain employees of McKes-
DECISIONS AND ORDERS 89
son & Robbins, Inc., McKesson-Stewart-Holmes Drug Division, here-
in called McKesson-Stewart ; McKesson & Robbins, Inc., Blumauer
Frank Drug Division, herein called McKesson-Blumauer; West Coast
Wholesale Drug Company, West Coast Kalsomine Company, and
Bemis Brothers Bag Company, respectively.
Since issuing that Decision and Direction of Elections, the Board
has been advised by Charles W. Hope, Regional Director of the Nine-
teenth Region, Seattle, Washington, that McKesson-Stewart physi-
cally absorbed McKesson-Blumauer ; that the bargaining unit de-
scribed in Subdivision B, entitled "McKesson-Blumauer", of Section
V, entitled "The appropriate unit", of the Findings of Fact contained
in said Decision and Direction of Elections, no longer exists; that
some of the former employees of McKesson-Blumauer who were
included in said bargaining unit are now employed by McKesson-
Stewart; and that the group of employees included within the bar-
gaining unit described in Subdivision A, entitled "McKesson-Stew-
art", of said Section V of said Findings of Fact has been enlarged
accordingly.
In view of the different conditions which now exist, we find it
necessary to amend our Decision and Direction of Elections above
referred to in the following manner :
AMENDMENT OF FINDINGS OF FACT
1. The third paragraph of Subdivision A, entitled "McKesson-
Stewart", of Section V, entitled' "The appropriate unit", of the
Findings of Fact of said Decision and Direction of Elections, and the
third paragraph of Subdivision B, entitled "McKesson-Blumauer",
of said Section V, are hereby both deleted, and the following Find-
ing of Fact is made in lieu of the findings contained in said para-
graphs:
We' find that all the order clerks, checkers, stock clerks, shipping-
receiving-elevator employees, warehousemen, packers, laboratory
foremen, miscellaneous helpers and apprentices, pharmacists, sundry
order clerks, assistant sundry order clerks, sundry stock men, elevator
and basement men, control-desk men, cage-order clerks, order floor
clerks, receiving clerks, and shipping clerks, of McKesson-Stewart
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
2. The third paragraph of Section VI, entitled "The determination
of representatives", of the Findings of Fact of said Decision and
Direction of Elections, is hereby deleted and the following sub-
,stituted therefor :
9o NATIONAL LABOR RELATIONS BOARD
"Those eligible to vote in the elections at `Vest Coast Drug, West
Coast Kalsomine, and Bemis Bag shall be the persons employed by
those companies during the pay-roll period next preceding October
28, 1937, the date on which the petitions were filed, within the respec-
tive appropriate units. Those eligible to vote in the election at
McKesson-Stewart shall be the persons employed either by McKes-
son-Stewart or by McKesson-Blumauer during the pay-roll period
next preceding October 28, 1937, within the appropriate unit."
AMENDMENT TO CONCLUSIONS OF LAW
The Conclusions of Law marked respectively "2" and "3", of the
said Decision and Direction of Elections, are hereby deleted and the
following Conclusion of Law substituted therefor :
2 and 3. All the order clerks, checkers, stock clerks, shipping-
receiving-elevator employees, warehousemen, packers, laboratory
foremen, miscellaneous helpers and apprentices, pharmacists, sundry
order clerks, assistant sundry order clerks, sundry stock men, ele-
vator and basement men, control-desk men, cage-order clerks, order
floor clerks, receiving clerks, and shipping clerks, of McKesson A&
Robbins, Inc., McKesson-Stewart-Holmes Drug Division, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
AMENDMENT TO DIRECTION OF ELECTIONS
The Direction of Elections above referred to is hereby amended
by striking out the second and third paragraphs thereof, relating
respectively to McKesson-Stewart and McKesson-Blumauer, and sub-
stituting in lieu thereof the following paragraph :
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
McKesson & Robbins, Inc., McKesson-Stewart-Holmes Drug
Division, an election by secret ballot shall be conducted within
20 days from February 4, 1938, under the direction and super-
vision of the Regional Director for the Nineteenth Region, act-
ing 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 order clerks, checkers, stock clerks,
shipping-receiving-elevator employees, warehousemen, packers,
laboratory foremen, miscellaneous helpers and apprentices,
pharmacists, sundry order clerks, assistant sundry order clerks,
sundry stock men, elevator and basement men, control-desk men,
cage-order clerks, order floor clerks, receiving clerks, and ship-
ping,clerks, who were employed by McKesson & Robbins, Inc.,
DECISIONS AND ORDERS 91
McKesson-Stewart-Holmes Division or by McKesson & Robbins,
Inc., Blumauer Frank Drug Division, 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 Warehouse-
men's Union, Local 117, International Brotherhood of Teamsters,
Chauffeurs, Stablemen and Helpers of America, for the purposes
of collective bargaining, or by neither; and it is.
[SAME TITLE
In the Matter of BEMIS BROS. BAG COMPANY and INTERNATIONAL
LONGSHOREMEN & WAREHOUSEMEN'S UNION, LOCAL 9, DISTRICT 1,
AFFILIATED WITH THE C. I. O.
Case No. R-465
SUPPLEMENTAL DECISION
AND
ORDER
March 14, 1938
On February 4, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled case and four related cases. The Direction of Elections
directed that certain elections by secret ballot be held, one of them to
be among all the employees of Bemis Brothers Bag Company at its
Seattle plant, excluding sales, supervisory, and office personnel, to
determine whether such employees desired to be represented by Inter-
national Longshoremen and Warehousemen's Union, Local 9, Dis-
trict 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 Direction, an election by secret ballot was con-
ducted on February 18, 1938, at Seattle, Washington, under the direc-
tion and supervision of the Regional Director for the Nineteenth
Region (Seattle, Washington). On or about February 19, 1938, the
said Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, issued an Intermediate Report on the ballot. The Inter-
mediate Report was duly served upon the parties on February 21,
1938. No objections or exceptions to the Intermediate Report have
been filed by any of the parties.
92 NATIONAL LABOR RELATIONS BOARD
As to the results of the secret ballot, the Regional Director re-
ported as follows:
Total number eligible to vote______________________________ 155
Total number of ballots cast______________________________ 137
Total number of blank ballots_____________________________ 0
Total number of void ballots______________________________ 0
Total number of ballots cast for International Longshoremen
and Warehousemen's Union, Local 9, District 1, affiliated
with theCommittee for Industrial Organization----_-_-__ 49
Total number of ballots cast for Warehousemen's Union,
Local 117, International Brotherhood of Teamsters, Chauf-
feurs, Stablemen and Helpers of America, affiliated with
the American Federation of Labor______________________ 4
Total number of ballots cast for neither organization--_--__ 84
Total number of eligible voters not voting------------------- 18
Total number of challenged votes-------------------------- 2
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees. The
petition for investigation and certification of representatives of em-
ployees of Bemis Brothers Bag Company, Seattle, Washington, will
therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Bemis Brothers Bag Com-
pany, Seattle, Washington, filed by International Longshoremen and
Warehousemen's Union, Local 9, District 1, affiliated with the Com-
mittee for Industrial Organization, be and it hereby is dismissed.
[SAME TITLE]
In the Matter Of WEST COAST KALSOMINE COMPANY and INTERNA-
TIONAL LONGSHOREMEN & WAREHOUSEMEN'S UNION, LOCAL 9, DIs-
TRICT 1, AFFILIATED WITH THE C. I. O.
Case No. R-464
CERTIFICATION OF REPRESENTATIVES
March 14, 1938
On February 4, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled case and four related cases. The Direction of Elec-
DECISIONS AND ORDERS 93
Lions directed that certain elections by secret ballot be held, one of
them to be among all the jumpermen, millmen, general employees,
firemen, color mixers, warehousemen, base department employees, re-
pairmen, and packers, employed by West Coast Kalsomine Company
at its Seattle plant, to determine whether they desired to be repre-
sented by International Longshoremen and Warehousemen's Union,
Local 9, District 1, or by Warehousemen's Union, Local 117, Interna-
tional Brotherhood of Teamsters; Chauffeurs, Stablemen and Helpers
of America, for the purposes of collective bargaining, or by neither.
Pursuant to the Direction an election by secret ballot was con-
ducted on February 18, 1938, at Seattle, Washington, under the direc-
tion and supervision of the Regional Director for the Nineteenth
Region (Seattle, Washington). On or about February 19, 1938, the
said Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, issued an Intermediate Report on the ballot. The said
Intermediate Report was duly served upon the parties on February
21, 1938. No objections or exceptions to the Intermediate Report have
been filed by any of the parties.
As to the results of the secret ballot, the Regional Director re-
ported as follows :
Total number eligible to vote------------------------------------ 22
Total number of ballots cast ------------------------------------- 22
Total number of blank ballots ----------------------------------- 0
Total number of void ballots-------------------------------_--_--- 0
Total number of ballots cast for International Longshoremen and
Warehousemen 's Union, Local 0, District 1, affiliated with the
Committee for Industrial Organization ------------------------- 12
Total number of ballots cast for warehousemen's Union, Local 117,
International Brotherhood of Teamsters , Chauffeurs , Stablemen
and Helpers of America , affiliated with the American Federation
of Labor----------------------------------------------------- 0
Total number of ballots cast for neither organization------------- 0
Total number of challenged votes-------------------------------- 0
Total number of eligible employees 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 International Longshoremen and
Warehousemen's Union, Local 9, District 1, affiliated with the Com-
mittee for Industrial Organization, has been selected by a majority
of the jumpermen, millmen, general employees, firemen, color mixers,
warehousemen, base department employees, repairmen, and packers,
94 NATIONAL LABOR RELATIONS BOARD
of the West Coast Kalsomine Company at its Seattle, Washington,
plant as their representative for purposes of collective bargaining
and that pursuant to Section 9 (a) of the Act, the International
Longshoremen and Warehousemen's Union, Local 9, District 1, affili-
ated with the Committee for Industrial Organization, is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.