Santa Fe Warehouse

National Labor Relations Board - Board Decisions

Jun 1, 1942

41 N.L.R.B. 590 (N.L.R.B. 1942)

In the Matter of JoHNSoN, CARVEL & MURPHY, D/B/A SANTA FE WARE-
HOUSE and GENERAL WAREHOUSEMEN, LOCAL UNION 598 CHARTERED
BY INTL. BRO. Or TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN &
HELPERS, AFL and SANTA FE WAREHOUSE EMPLOYEES ASSOCIATION
Case No. RE-39.-Decided June 1, 1942
Jurisdiction : warehousing- industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival labor organizations; election necessary.
Unit Appropriate for Collective Bargaining : all warehouse employees excluding
foremen, working foremen, and clerical worker in warehouse
Mr. Prentiss Moore, of Los Angeles, Calif., for the Company.
Messrs . David Sokol and George Mock, both of Los Angeles , Calif.,
for the Teamsters.
Mr. William D. Campbell , of Los Angeles , Calif ., for the Association.
Mr. A. Sumner Lawrence , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Johnson, Carvel & Murphy •d/b/a Santa
Fe Warehouse, herein called the Company, alleging that a question
affecting commerce had arisen concerning representation of its em-
ployees, in that General Warehousemen, Local Union 598, chartered by
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
& Helpers, AFL, herein called the Teamsters, and Santa Fe Warehouse
Employees Association, herein called the Association, had each pre-
sented to the Company conflicting claims that it represented a ma-
jority of employees in the unit sets forth in the said petition, the
National Labor Relations Board provided for an appropriate hearing
upon' due notice before Daniel J. Harrington, Trial Examiner. Said
hearing was held at Los Angeles, California, on May 2, 1942. The
Company and both unions appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
41 N. L. R. B., No. 115.
590
JOHNSON; CARVEL & MURPHY, SANTA FE WAREHOUSE
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
591
Johnson, Carvel & Murphy, doing business as Santa Fe Warehouse,
is a California corporation having its main office and principal ware-
house in Los Angeles, California. The only plant involved in the
proceeding is the Los Angeles warehouse, where the Company is
engaged in the business of manufacturer's agent and in the storage
and sale,of grocery specialties. During the year ending December 31,
1941, the Company sold products originating outside the State of
California amounting to $3,859,475 in value. During the same period,
the Company stored in its warehouse merchandise amounting to
approximately $1,400,000, of which about 80 percent represented
merchandise Which originated outside the State of California. The
Company admits that it is engaged in commerce within,the meaning
of the National Labor Relations Act.
I II. THE ORGANIZATIONS INVOLVED
General Warehousemen, Local 598, chartered by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
Santa Fe Warehouse Employees Association is an unaffiliated labor
Organization admitting to membership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
In November 1941 the Teamsters requested that the Company enter
into a contract covering the warehouse employees. • At about the same
,time the Association. requested -recognition, claiming it represented a
majority of the employees. After conferences with representatives
of both unions respecting their demands, the Company filed the
petition herein. , .
A statement of the Regional Director, introduced in evidence, to-
gether with a report by the Trial Examiner and testimony received
-at the hearing, indicate that each union represents' a substantial
number of the employees of the Company in the unit hereinaf ter found
appropriate.' - - -
'The Regional Director reported that the Association had submitted a.'liaper dated
November 14, 1941, containing 11 signatures, of which 10 are the names of persons who ap-
pear on the-Company's pay roll of February 14, 1942,.indicating that the persons signing.au-
thorized the Association to act as their representative ..The Teamsters made no showing of
-representation to the Regional Duector but,offered'testimony at the hearing to the effect
that it represented,approximately, 6 employees, and submitted 2 cards to the Trial Examiner,
who reported that 1 card bore the name of a'person who is on the pay roll, of February
14, 1942 There are approximately 8 persons in the unit hereinafter found appropriate
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The parties stipulated that the appropriate unit should include
the warehouse employees of the Company, excluding the foreman.
The parties are in disagreement, however, as to whether Ed Fisher,
a working foreman, and one Brock, a clerical worker in the ware-
house, should be included within the appropriate unit. The Teamsters
would exclude Fisher and Brock, whereas the Association and the
Company would include them.
The working foreman has authority to recommend hiring and dis-
charging and also hires and' discharges on certain occasions. In the
absence of Griffith, the regular foreman, the working foreman has
charge of the warehouse. We are of the opinion that the working
foreman in question has interests substantially different from those
of the other men in his group and for this reason and because of the
apparently extensive character of his supervisory duties, we shall
exclude him from the appropriate unit.2
Brock works in the warehouse but in a separate office which, he
shares with Griffith, the foreman. Brock's duties consist of taking
phone calls, writing orders, and issuing receiving slips to be signed
when merchandise is delivered. The other employees in the ware-
house are laborers. Inasmuch as Brock is engaged primarily in duties
of a clerical nature and does not work with the other employees in
the warehouse, we shall exclude him from the unit.3
We find that all warehouse employees of the Company at its Los
Angeles, California, warehouse, excluding the foreman, the working
foreman, and Brock, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.
2See Matter of De Soto Paint and Varnish Company and District 50. United Mine Workers
.of America, 39 N L R. B 727; Matter of Chrysler Pittsburgh Company, Inc and
United Automobile Workers of America, 36 N. L. R. B. 1117.
3 See Matter of Fairbanks , Morse, and Co. and Local 674, International Association of Ma-
ehiniste, affiliated with the American Federation of Labor, 40 N. L. R. B. 455
JOHNSON, CARVEL & MURPHY, SANTA FE WAREHOUSE'
DIRECTION OF ELECTION
593
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED thaf, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Johnson, Carvel
& Murphy, doing business as Santa Fe Warehouse, Los Angeles, Cali-
fornia, an election by secret ballot shall be conducted as early as pos-
sible but not later than thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Twenty-first 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 in the unit found
appropriate in Section IV, above, who were employed at the Com-
^pany's Los -Angeles, California, warehouse during the pay-roll period
immediately preceding the date of the Direction, including any such
employees who did not work during said pay-roll period because they
were ill or on vacation or in the -active military service or training
of the United States, or temporarily laid off, but excluding any who
have since quit or been discharged for cause, to determine whether they
desire to be represented by General Warehousemen, Local Union 598,.
chartered by International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers, AFL, or by Santa Fe Warehouse Employees
Association, for the purposes of collective bargaining, or by neither.
Mx. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
463892-42-vol 41-38