Southern Brewing Co.

National Labor Relations Board - Board Decisions

Aug 31, 1942

43 N.L.R.B. 868 (N.L.R.B. 1942)

In the Matter Of SOUTHERN BREWING COMPANY and INTERNATIONAL
UNION OF UNITED BREWERY, FLOUR, CEREAL & SOFT DRINK WORKERS
OF AMERICA, LOCAL #186
'Ca se No. R-3388
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
August 31, 1940
On July 21, 1942, the National Labor Relations Board issued a
Decision and Direction of Elections in the above-entitled proceeding."
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on August 11, 1942, under the direction and supervision of
the Acting Regional Director for the Tenth Region (Atlanta, Georgia)
among :
,(1) all engineers of the Company excluding the chief engineer,
and the maintenance men, to determine whether they desire to be
represented by International Union of United Brewery, Flour,
Cereal & Soft Drink Workers of America, Local # 186, or by Inter-
national Union of Operating Engineers, Local No. 925, for the
purposes of collective bargaining, or by neither;
(2) all employees of the Company, including salesmen or route
drivers, salesmen or route helpers, transport drivers, and the
maintenance nien, but excluding clerical employees, non-working
supervisory employees, engineers, the chief engineer, garage me-
chanics, the garage watchman, the garage clerical employee, and
the sign painters, to determine' whether or not they desire to be
represented by International Union of United Brewery, Flour,
Cereal & Soft Drink Workers of America, Local # 186, for the
purposes of collective bargaining.
On August 12, 1942, the Acting Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
'Regulations-Series 2, as amended, issued and duly served upon the
142NLIt B649.
43 N. L. R. B., No 145.
868
SOUTIIERN BREWING COMPANY 1869
parties an Election Report. No objections to the conduct of the ballot
,or to the Election Report have been filed by any of the parties. '
As to the balloting and its results, the Acting Regional Director
reported as follows :
Voting Unit No. 1
Approximate number of - eligible voters--- ------------------- 4
Total ballots cast------------------------------------------ 4
Total ballots challenged------------------------------------- 0
Total void ballots __________________________________________ 0
Total valid votes counted------------------------------------ 4
Votes cast for International Union of United Brewery, Flour,
`Cereal & Soft Drink Workers of America, Local #186------ 0
Votes cast for International Union of Operating Engineers,
Local $925 ------------------ 4
Votes cast for neither--------------------------------------- 0
Voting Unit No. 2
Approximate number of eligible voters--,----------------------- 80
*Total ballots cast--------- - e --------------------------------- 46
Total ballots challenged------------------------------------- 0
Total void ballots--- ----------------------------------------- 0
Total valid votes counted-- ---------------------------------- 46
Votes cast for International Union of United Brewery, Flour,
Cereal & Soft Drink Workers of America , Local #186-------- 45
Votes cast against above Union------------------------------ 1
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
In its Decision and Direction of Elections, the Board made no final
determination as to the appropriate unit or units., In view of the
results of tlie.elections, and in accordance with our Decision and Di-
rection of Elections, we find that all engineers of the Company exclud-
ing the chief engineer, and the maintenance men, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
We also find that all employees of the Company, including salesmen-
or route drivers, salesmen or route helpers, transport drivers, and the
maintenance men, but excluding clerical employees, non-working su-
pervisory employees, engineers, the chief engineer, garage mechanics,
the garage watchman, the garage clerical employee, and the sign paint-
ers, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
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,
870 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
49 Stat.'449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Union of Operating Engi-
neers, Local No. 925, has been designated and selected by a majority
of all engineers of Southern Brewing Company, Tampa, Florida, ex-
eluding the chief engineer; and the maintenance men, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the National Labor Relations Act; International
Union of Operating Engineers, Local No. 925, is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
IT IS FURTHER CERTIFIED that International Unio.. of United Brewery,
Flour, Cereal & Soft Drink Workers of America, Local #186, has been
designated and selected by a majority of all employees of Southern
Brewing Company, Tampa, Florida, including salesmen or route
drivers, salesmen or route helpers, transport drivers, and the mainte- •
Hance men, but excluding clerical employees, non-working supervisory
employees, engineers, the chief engineer, garage mechanics, the garage
watchman, the garage clerical employee, and the sign painters, as
their representative, for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the National Labor Relations Act, Inter-
national Union of United Brewery, Flour, Cereal & Soft Drink Work-
ers of America, Local #186, 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.