Roanoke Coca-Cola Bottling Works, Inc.

National Labor Relations Board - Board Decisions

Feb 17, 1947

72 N.L.R.B. 733 (N.L.R.B. 1947)

In the Matter of ROANOKE COCA-COLA BOTTLING WORKS, INC., Err-
,
PLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAU-F-
FEURS, WAREI1OUSE1%IEN AND HELPERS OF AMERICA, LOCAL UNION
No. 171, A. F. OF L., PETITIONER
Case No. 5-R-2614.Decided Febnwary 17, 1947
Cocke, Hazelgrove and Shackelford, by Messrs. W. P. Hazedgrove
and W. A. Dickenson, of Roanoke, Va., for the Employer.
111r. W. B. Barber, of Roanoke, Va., for the Petitioner.
Miss Eleanor Schwartzbaeh, of counsel to the Ward.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board
on October 30, 1946, conducted a prehearing election among em-
ployees of the Employer in the alleged appropriate unit, to determine
whether or not they desired to be represented by the Petitioner for
the purposes of collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties.' The Tally shows that there were approximately 21 eligible
voters and that all of these voters cast ballots, of which 9 were cast
for the Petitioner and 2 against the Petitioner, 1 was void, and 9 were
challenged.
Thereafter, hearing in the case was held at Roanoke, Virginia, on
November 21, 1946, before Charles B. Slaughter, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
At the hearing and in its brief the Employer moved to dismiss the
petition, asserting (1) that it was not engaged in a business affecting
commerce; and (2) that the election was held prior to the hearing
over the Employer's Objection. The Employer urges that the chal-
lenged ballots of the driver-salesmen and warehouse managers should
not be counted because these employees are supervisory employees hav-
ing no community of interest with the production and maintenance
' An amendment to the Tally of Ballots was served on the parties on Noi'ember 1, 1946
72 N L It. B, No 133.
733
734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees. For reasons hereinafter set forth, the motion is hereby
denied.
The Employer's request for oral argument is hereby denied inas-
much as the record and briefs, in our opinion, adequately present
the issues and positions of the parties.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OP FACT
I. THE BUSINESS OF THE EMPLOYER
Roanoke Coca-Cola Bottling Works, Inc.,2 is a Virginia corporation
engaged in the manufacture and distribution of bottled Coca-Cola.
The Employer bottles this beverage under a franchise from the Coca-
Cola Bottling Company ( Thomas ), Inc., of Tennessee , which grants
the Employer bottling and distribution rights in and around the city
of Roanoke , Virginia . The Employer has no financial or other con-
lnection with the Coca -Cola Bottling Company ( Thomas), Inc.
During the first 10 months of 1946, the Employer purchased raw
materials and supplies amounting in value to $96,470.55 . These pur-
chases included syrup, crowns , caustic soda , case repair parts , carbonic
gas, water , plant supplies , and coal , $93,087.79 of which was shipped
to the plant from points outside the Commonwealth of Virginia.
During the same period , the Employer manufactured and distributed
bottled Coca - Cola of the value of $271,840, all of which was sold and
distributed within the Commonwealth of Virginia.
We find, contrary to the contention of the Employer , that its opera-
tions affect commerce within the meaning of the National Labor
Relations Act.3
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer. -
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2 The petition and active formal papers were amended at the hearing to show the correct
name of the Employer.
Matter of Raleigh Coca-Cola Bottling Works, et al., 65 N. L. R. B. 1010; Matter of
Durham Pepsi-Cola Bottling Company, 40 N L R. B. 753.
ROANOKE COCA-COLA BOTTLING WORKS, INC.
IV. TILE APPROPRIATE UNIT
735
The Petitioner contends that a unit of all production and main-
tenance employees at the Employer's plant, includin g soaker feeders,
bottle inspectors, table boys, porters, mechanics and mechanic helpers,
checkers, syrup mixers, maintenance employees, and driver-salesmen 4
and-warehouse managers but excluding office, clerical, and supervisory
employees, constitutes an appropriate bargaining unit. . The Employer
opposes the inclusion of seven driver-salesmen and two warehouse
managers in the bargaining unit, alleging that they are supervisory
employees.
The production and maintenance employees prepare and bottle
Coca-Cola at the plant for sale and distribution. They work about 50
to 55 hours a week and are paid by the hour. Their wages average
from $27.50 to $35.75 a week.
Each driver-salesman is assigned a certain route or territory in
which he sells, and solicits the sale of, Coca-Cola. They drive trucks,
owned and maintained by the Employer,5 in the distribution of the
bottled Coca-Cola to retailers. The driver-salesmen have no specified
number of hours in which to work, but usually work about 30 to 40
hours per week.6 As a matter of Employer policy, they report to work
about 7 a. III., and work until they have interviewed a certain number
of dealers. When they have finished working for the day, they bring
their trucks back to the plant and load them for the next day. Load-
ing furnishes virtually the sole occasion in which the driver-salesmen
come in contact with the production and maintenance employees. The
driver-salesmen have no duties or functions in common with these
plant employees.
The driver-salesmen receive $7 a week in salary, plus a commission
of 41/2 cents on every case of Coca-Cola they sell. Their earnings
average between $44.49 and $52.19 per week. The Employer deducts
,social security and withholding taxes from their wages. The driver-
salesmen make daily accountings of sales and cash collections to the
Employer. The Employer desires that sales be made on a cash basis
insofar as possible, and the Employer determines the amount of credit
sales to be made.
The Employer does not furnish the driver-salesmen with helpers.
They have complete discretion as to whether or not to hire a helper.
If a helper is hired, he is paid by the driver-salesman out of the
° In the petition the driver -salesmen are referred to as route salesmen
The driver -salesmen are only required to see that the trucks are cleaned , greased , oiled,
and gassed The Employer pays for the gas and oil, and for repairing the tiucks
The driver-salesmen work about 3 to 4 days a week. When they have called upon all
the dealers assigned to them for a particular week , they are permitted to take the rest of
the week off.
731242-47-vol 72-48
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
latter's compensation. The Employer does not make social security
deductions for the helpers.
The duties, functions, and pay of the two warehouse managers are
almost identical with those of the driver-salesmen, except that these
employees manage Eniplover-owned warehouses at Christiansburg and
Bedford, Virginia,' respectively. The warehouse managers are re-
sponsible.for stock in the warehouses, make daily reports to the Em-
ployer of stock on hand, sales, and deposits made in the Employer's
accounts in local banks.
While we are not persuaded that driver-salesmen and warehouse
managers are supervisory employees within the meaning of our defini-
tion thereof, we are of the opinion that their interests differ substan-
tially from those of the plant employees involved herein; and we
shall, therefore, exclude them from the unit.
We find that all production and maintenance employees, including
soaker feeders, bottle inspectors, table boys, porters, mechanics and
mechanic helpers, checkers, syrup mixers, and maintenance employees,
but excluding all office) and clerical employees, driver-salesmen s and
warehouse managers,° and all supervisory employees With authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DErERDIINA11ON OF REPRESENTATIVES
In the recent Squibb case,10 we considered and rejected the conten-
tion that the holding of an election before a hearing over the Em-
ployer's objection is repugnant to the Act. Accordingly, for the
reasons indicated in that case, We overrule the Employer's objection
to the election on that ground.
At the preheari ng election, the Employer challenged the ballots,
of the driver-salesmen and the warehouse managers. Since we have
excluded these employees from the bargaining unit, they were in-
eligible to vote in the election, and their ballots are hereby declared
void.
The results of the election held prior to the hearing show that the
Petitioner received a, majority of the valid votes cast. We shall, there-
fore, certify the Petitioner as the collective bargaining representative
of the employees in the appropriate unit.
' Christiansburg is a town about 35 miles west of Roanoke, and Bedford is a town 30
miles east of Roanoke
8 Excluded as failing within this category are Chattin, Freeman, C. B Padgett, Al C
Padgett, Wood. Key, and Hogan
° Excluded as falling within this category are l%fusgrove and Stafford
??Matter of E. R Squibb S Sons, 67 N L R B 557 See also Matter of Wood Embly
Brass Company , 70 N L. R B 1318, Matter of The Borden Company , 69 N L R B 947.
ROANOKE COCA-COLA BOTTLING WORKS, INC.
CERTIFICATION OF REPRESENTATIVES
737
IT Is HEREBY CERTIFIED that International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, Local
Union No. 171, A. F. of L., has been designated and selected by a
majority of all production and maintenance employees, including
soaker feeders, bottle inspectors, table boys, porters, mechanics and
mechanic helpers, checkers, syrup mixers, and maintenance employ-
ees, but excluding all office and clerical employees, driver-salesmen,
and warehouse managers, and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, as their representative for the purposes. of collective bargain-
ing and that, pursuant to Section 9 (a) of the National Labor Re-
lations Act, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, Local Union No. 171, A. F.
of L., is the exclusive representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.