Pangburn Co., Inc.

National Labor Relations Board - Board DecisionsDec 27, 1945

64 N.L.R.B. 1551 (N.L.R.B. 1945)

In the Matter Of PANGBURN COMPANY, INC. and GENERAL TEAMSTERS, CHAUFFEURS , WAREHOUSEMEN & HELPERS, A . F. L., LOCAL No. 583 Case No. 16-R-1407.-Decided December 27, 1945 Messrs. T. R. Jones, George 31. Copper, I. C. Parker, and Leslie Cooke, all of Fort Worth, Tex., and Mr. Paul Miller, of Abilene, Tex., for the Company. Mr. T. T. Neal, of Dallas, Tex., and Mr. W. F. Derden, of Abilene, Tex., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a first amended petition duly filed by General Teamsters, Chauffeurs, Warehousemen & Helpers, A. F. L., Local No. 583, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Pangburn Com- pany, Inc., Fort Worth, Texas, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Elmer Davis, Trial Examiner . The hearing was held at Fort Worth, Texas, on September 5, 1945. 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 Company moved at the hearing for dismissal of the petition. The Trial Examiner reserved ruling on the motion for the Board. For reasons stated in Section I, infra, the motion is denied. 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. Upon the entire record in the case, the Board makes the following FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Panrburn Company, Inc., a Texas corporation, is engaged in the manufacture and distribution of ice cream and candy. For this pill-- 64 N. L R B, No. 2.53. 1551 1552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pose it operates a plant at Fort Worth and another at Abilene, both in the State of Texas. The Fort Worth plant sells candy both within and without the State of Texas; its sales of ice cream are made within the State. The Abilene plant sells only ice cream and all within the State of Texas. During the fiscal year ending July 31, 1945, the Fort Worth plant purchased 63 percent of its raw materials, valued at approximately $624,000, from points outside the State of Texas. During the same period, the Fort Worth plant sold products valued at $852,000, which were sent outside the State of Texas. Dur- ing this period, the Abilene plant purchased raw materials valued at $97,000, 24 percent of which was obtained from outside the State. All purchases made by the Abilene plant are made on requisitions to the Fort Worth plant, and all records of the Abilene plant, with the exception of pay rolls, are kept in the Fort Worth office. Ultimate control of the operations of the Abilene plant is vested in officials of the Company, whose offices are located at Fort Worth. We find, contrary to the Company's contention, that the Abilene plant is part of its integrated business enterprise, and that in the operation of the plant the Company is engaged in commerce within the meaning of the National Labor Relations Act.' 11. THE ORGANIZATION INVOLVED General Teamsters, Chauffeurs, Warehousemen & Helpers, Local No. 583, is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE QUES'T'ION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.2 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 Union seeks a unit comprised of all drivers, delivery men, ice cream factory labor, porters, cabinet repairmen of the Company at i Cf. N L. B. B v Schmidt Baking Go.. Inc., 122 F. ( 2d) 162 (C. C A 4) t A Field Examiner repotted that the Union submitted 14 authorization cards bearing the names of employees listed on the Company's pay roll of July 18, 1945 There are approximately 16 employees in the appropriate unit. PANGBURN COMPANY, INC. 1553 its Abilene plant, including the plant superintendent, but excluding office employees, the general manager, and supervisory employees. The Company takes no position with respect to the unit , except to assert that the plant superintendent has authority to hire and dis- charge. The record clearly indicates that the plant superintendent has au- thority to hire and discharge . Consequently , we shall exclude him as a supervisory employee. We find that all drivers , delivery men, ice cream factory labor, porters, and cabinet repairmen engaged at the Company's Abilene plant, excluding office employees , the general manager, the plant superintendent, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees , or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V TILE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject 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 represent- atives for the purposes of collective bargaining with Pangburn Com- pany, Inc., Forth Worth, Texas, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among em- ployees 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 said pay-roll period because they were ill or on vacation or temporarily 670417-46-vol 64-99 1554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD laid off, and including employees in the armed forces of the United States, who present themselves 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 General Teamsters, Chauffeurs, Warehousemen & Helpers, A. F. L.. Local No, 583, for the purposes of collective bargaining.