McKesson & Robbins, Inc.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1104 (N.L.R.B. 1941)

In the Matter of MCKESSON & ROBBINS, INC., BL UMAUER FRANK DRUG
DIVISION and INTERNATIONAL LONGSHOREMEN -& WAREHOUSEMENS
UNION, LOCAL 9, DISTRICT 1, AFFILIATED WITH THE C. I. O.
In the Matter of MCKESSON & ROBBINS, INC., MCKESSON-SrEWART-
HOLMES DRUG DIVISION and INTERNATIONAL LONGSHOREMEN &
WAREHOUSEMENS UNION, LOCAL 9, DISTRICT 1, AFFILIATED WITH THE
C. I. O.
In the Matter Of `'VEST COAST KALSOMINE COMPANY and INTERNATIONAL
LONGSHOREMEN & WAREHOUSEMENS UNION, LOCAL 9, DISTRICT 1,
AFFILIATED WITH THE C. I. O.
In the Matter of BEDIIS BROS. BAG COMPANY and INTERNATIONAL
LONGSHOREMEN & NVAREHOUSEMENS UNION, LOCAL 9,- DISTRICT 1,
AFFILIATED WITH THE C. I. O.
Cases Nos. R-461, R- f62, R-4641 and R-Jt65, respectively
SUPPLEMENTAL DECISION
AND
ORDER
November 18, 1941
On February 4, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in the
above-entitled cases and in a related case,2 and on February 14, 1938',
issued a Supplemental Decision and Amended Direction of Elections.'
Pursuant to the Direction of Elections, as amended, an election was
conducted on February 18, 1938, at Seattle, Washington, under the
direction and supervision of the Regional Director for the Nineteenth
Region (Seattle, Washington) among employees of McKesson &
Robbins, Inc., McKesson-Stewart-Holmes Drug Division, and of Mc-
Kesson & Robbins, Inc., Blumauer Frank Drug Division, both of
15 N L R. B 70
2 Matter of West Coast Wholesale Drug Company and International Longshoremen cb
TVaiehoasemens Union, Local 9, District 1, affiliated with the C. I. 0, Case No R-463
On January 13, 1939, the Board issued an cider directing that Case No R-463, theretofore
consolidated with the four above-entitled cases, be severed from said cases and continued
as a separate proceeding.
35 N L R B 88.
36 N. L R B, No. 224
1104
McKESSON & ROBBINS" INC. 1105
Seattle, Washington, herein jointly called the Company.4 On or
about February 19, 1938, 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
upon Secret Ballot, which was duly served upon the parties.
As to the balloting and its results , the Regional Director reported
as follows :
Total number eligible______________________________________ 63
Total ballots cast__________________________________________ 60
Total number of blank ballots_______________________________ 0
Total number of void ballots ____________________________ 1
Total number of ballots cast for International Longshoremen &
Warehousemen's Union, Local 9, District 1, affiliated with the
Committee for Industrial Organization (C I. 0 ) ----------- 27
Total number of ballots cast for Warehousemen's Union, Local
117, International Brotherhood of Teamsters, Chauffeurs, Sta'
blemen & Helpers of America, affiliated with the American
Federation of Labor (A F. L ) ____________________________ 2,--
--
Total number of ballots cast for neither organization--__-_--__ • 0
Total number of challenged votes__________________________ 3
Total number eligible voters not voting______________________ 4
On February 28, 1938, International Longshoremen and Warehouse-
mens Union, Local 9, District 1, affiliated with the C. I. 0., filed its
Objection to Ballot and Intermediate Report. No further action was
taken in the case, however, pending a determination of the issues pre-
sented in the proceedings, theretofore commenced, referred to, in ;the
'following paragraph.
On January 23, 1940, the Board issued its Decision and Order` in
Matter of McKesson c Robbins, Inc., McKesson-Stewart-Holmes
Drug Division and International Longshoremen & Warehousemen's
Union, Local No. 9, District 1, affiliated with the C. I. 0. and Mat-
ter of McKesson d Robbins, Inc., Blumauer Frank Drug Division
and International Longshoremen d Warehousemen's Union, Local
No. 9, District 1, affiliated with the C. I. 0., (Cases Nos. C-1103 and
C-1104), wherein the Board found that the Company had engaged
in certain unfair labor practices and ordered it to cease and desist
therefrom and to take certain affirmative action found necessary to
effectuate the policies of the National Labor Relations Act, 49 Stat.
449. The Board also found that because of said unfair labor prac-
4 On February 18, 1938, pursuant to said Diaection of Elections, as amended, elections
were also conducted in Cases Nos R-464 and R-465, among employees of west Coast
Kalsomine Company and Bemis Brothers Bag Company, respectively, both of Seattle,
Washington On ,March 14, 1938, the Board issued a Certification of Representatives in
Case No R-464 based upon the acsults of the election held among employees of west Coast
Kalsonune Company (5 N L R B 92), and dismissed the petition in Case No 11-465, no
union having received a' malosity of the votes cast in the election held among employees
of Bemis Brothers Bag Company (5 N. L. R. B. 91)
19N L R. B. 778.
433118-42-vol 36--71
1106 DECISIONS OF NATIONAL LABOR RELATIONS BUALL
tices the results of the February 18, 1938, election did not reflect the
desires of the, employees concerning representation.6
In view of our finding as to the effect of the unfair labor practices
upon the election , we shall set the election aside. Moreover , in view
of the lapse of time since the issuance of the Direction of Elections
we shall dismiss the petitions upon which the proceedings are based.'
ORDER
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 National Labor Relations Board Rules
and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the election among -employees of Mc--
Kesson - & Robbins, Inc., Bluniauer Frank Drug Division and of
McKesson & Robbins, Inc., McKesson-Stewart-Holmes Drug Division,
both of Seattle, Washington, held on February 18, 1938, be, and it
hereby is, vacated and set aside;
AND IT Is FURTHER ORDERED that' the petitions for investigation and
certification of representatives of employees of said Company filed
by International Longshoremen & Warehousemens Union, Local 9,
District 1, in Cases Nos. R-461 and R-462 on October 28, 1937, be,
and they hereby are, dismissed. -
° 19 N. L. R. B. 778, 798 . On May 5, 1941, the Court of Appeals for the District of
Columbia entered its order enforcing said order of the Board , as modified , 121 F. (2d)
84, and on October 27, 1941, the Supreme Court of the United ,States denied an application
for a writ of certiorari to review said order of the Court of Appeals.'
7 See Matter of J. I. Case Company and Farm Equipment Workers Organizing Committee,
etc., 36 N. L. R . B. 614.