Schenley Distilleries, Inc.

National Labor Relations Board - Board Decisions

Aug 31, 1945

63 N.L.R.B. 747 (N.L.R.B. 1945)

In the Matter of SOHENLEY DISTILLERIES, INC., OLD QUAKER DIVISION
and INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L.
Case No. 11-R-814.-'Decided August 31, 1945
Mr. R. H. George, of Cincinnati, Ohio, and Mr. Elmer C. Murray,
of Lawrenceburg, Ind., for the Company.
Mr. Roy Hancock, of Cincinnati, Ohio, and Mr. Van B. Carter,
of Indianapolis, Ind., for the TAM.
Miss Mabel J. Lutherbeck, of Lawrenceburg, Ind., for the Wine
Workers.
Mr. Donald H. Frank, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, A. F. of L., herein called the IAM, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Schenley Distilleries, Inc., Old Quaker Division, Lawrenceburg,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
William O. Murdock, Trial Examiner. The hearing was held at
Lawrenceburg, Indiana, on June 7 and 29, 1945. The Company, the
IAM, and Distillery, Rectifying and Wine Workers International
Union, A. F. of L., herein called the Wine Workers, 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 Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Schenley Distilleries, Inc., is a Maryland corporation which oper-
ates plants in Kentucky, Arizona, California, and Indiana. At its
(33 N. L. R . B., No. 109.
747
748, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lawrenceburg, Indiana, plant, the sole operation of the Company
involved in this proceeding, the Company is engaged in the produc-
tion of whiskey, alcohol, corn oil, distillery grains, and penicillin.
The Lawrenceburg plant annually uses raw materials, consisting prin-
cipally of corn, rye, mart, milo, and wheat, valued in excess of
$1,000,000, of which more than 50 percent comes to it from points out-
side'the State of Indiana. The Lawrenceburg plant annually pro-
duces finished products valued in excess of $1,000,000 of which ap-
proximately 75 percent is shipped to points outside the State of
Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
Distillery, Rectifying and Wine Workers International Union,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the IAM as the
exclusive bargaining representative of the Company's plant-protec-
tion.employees until the IAM has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the IAM represents a substantial number of
employees in the unit hereinafter found appropriate.'
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 IAM and the Wine Workers seek to represent a unit of the
Company's guards employed at the Lawrenceburg plant, but exclud-
ing sergeants, lieutenants, and the captain, and all other supervisory
employees. The parties agree that the sergeants, lieutenants, and
I The Field Examiner reported that the IAM submitted 29 authorization cards ; that the
names of 27 persons appearing on the cards were listed on the Company ' s pay roll of May
5. 1945, which contained the names of 32 employees in the appropriate unit ; and that 2
of the cards were dated in April 1945 , and 27 were undated.
The Wine Workers submitted 22 authorization cards. The names of 20 persons ap-
pearing on the cards were contained in the aforesaid pay roll. The cards were dated 13
in April and 9 in May 1945.
SCHENLEY DISTILLERIES, INC. 749
captain are supervisory employees within our usual definition. The
,Company asserts, however, that no unit of its guard employees is
appropriate because these employees, in the prosecution of their du-
ties, - exercise certain authority over the other employees of the
Company.
The guards are charged, in general, with the duty of protecting
the Company's property and personnel. In carrying out this duty,
they check all persons and vehicles entering and leaving the Com-
pany property; they punch the clocks while making the rounds on
the look-out for all fire hazards and all violations of company rules;
when they observe anything unusual, they report it to their super-
visors; they guard against the theft of whiskey, inspecting persons
suspected of theft; they remind any employee, guilty of violating a
company rule, of the rules, and report the violations to their super-
visors. The guards are uniformed. These duties are those common
to plant-protection employees. Although in relation to the other em-
ployees, the guards exercise monitorial functions, we have determined
that similarly situated employees may appropriately engage in col-
lective bargaining in a separate unit.2
We find that all the Company's guards at the Lawrenceburg plant,
but excluding sergeants, lieutenants, and the captain, and any 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. 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 Elec-
tion 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
'Matter of Standard Steel Spring Company, 62 N. L R B. 660; Matter of Nati,nal Lead
Company, Titanium Division, 62 N. L R. B. 107; Matter of Bethlehem-Fairfield Shipyard,
Inc., 61 N. L. R. B 901; Matter of Bethlehem Steel Company, 61 N. L R. B. 892.
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Schenley Distil-
leries, Inc., Old Quaker Division, Lawrenceburg, Indiana, an election
by secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date- of this Direction, under the direc-
tion and supervision of the Regional Director for the Eleventh 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 Regu-
lations, among the employees 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 laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any 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 they desire to be represented by Inter-
national Association of Machinists, A. F. of L., or by Distillery, Recti-
fying and Wine Workers International Union, A. F. of L., for the
purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.