Tampa Florida Brewery, Inc.

National Labor Relations Board - Board Decisions

Aug 31, 1942

43 N.L.R.B. 871 (N.L.R.B. 1942)

In the Matter of TAMPA FLORIDA BREWERY, INC., and INTERNATIONAL
UNION OF UNITED BREWERY, FLOUR, CEREAL & SOFT DRINK, WORKERS
OF AMERICA LOCAL #186
Case No. R-3889
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
August 31, 1942
On July, 21, 1942, the National Labor Relations Board issued ,a
Decision and Direction of Elections in the above-entitled proceed-
ing.' 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 and firemen of the Company, excluding the
chief engineer, to determine whether they desire to be rep-
resented by International Union of United Brewery, Flour,,
Cereal & Soft Drink Workers•of America, Local #186, or
by International'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, the
transport helper, and all foremen and assistant foremen
except R. L. Leavine), but excluding clerical employees, 11011-
working supervisory employees, engineers and firemen, the
chief engineer, B. ' L. Leavine, garage mechanics, the sign
painter, and the wine room employees, to determine whether
di 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.
142 N. I. R B 642
43 N. L . R. B., No.- 146.
871
872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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----------------------- 5
Total ballots cast------------------------------------------ 5
Total ballots challenged------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted----------------------------------- 5
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 ---------------------------------------------- 5
Votes cast for neither-------------------------------------- 0
Voting Unit No. 2
Approximate number of eligible voters-----1 ----------------- 60
Total ballots cast------------------------------------------ 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------ 46
Votes cast against above Union----------------------------- 0
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 the elections, and in accordance with our Decision,
and Direction of Elections, we find that all engineers and firemen of
the Company, excluding the chief engineer, constitute a unit appro-
priate 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 sales-
men or route drivers, salesmen or route helpers, transport drivers,
the transport helper, all foremen and assistant foremen (except
R. L. Leavine), but excluding clerical employees, non-working super-
visory employees, engineers and firemen, the chief engineer, R. L.
Leavine, garage mechanics, the sign painter, and the wine room
employees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
TAMPA FLORIDA BREWERY, INC . 873
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 Rela-
tions Act, 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
Engineers, Local No. 925, has been designated and selected by a ma-
jority of all engineers and firemen of Tampa Florida Brewery, Inc.,
Tampa, Florida, excluding the chief engineer, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the National Labor Relations ,Act, International Union
of Operating Engineers, Local No. 925, is the exclusive representa
tive 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.
IT IS FURTHER CERTIFIED that International Union of United Brew-
ery,-Flour, Cereal &' Soft Drink Workers of America, Local #186,
has been designated and selected by a majority'of all employees of
Tampa Florida. Brewery, Inc., Tampa, Florida, including salesmen
or route` drivers, salesmen 'or route helpers, transport drivers, the
transport helper, and all foremen and assistant foremen (except,
R. L. Leavine), but excluding clerical employees, non-working super-
visory employees, engineers and firemen, the chief engineer, R. L.
Leavine, garage mechanics, the sigh painter, and the wine room
employees, as their representative for the purposes of,collective bar-
gaining, and that, pursuant to Section 9 (a) of the National Labor
Relations Act, International Union of United Brewery, Flour, Cereal
& Soft Drink Workers of America, Local #186, is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment.