Thomas & Howard Co. of Charleston

National Labor Relations Board - Board Decisions

Nov 8, 1946

71 N.L.R.B. 619 (N.L.R.B. 1946)

In the Matter of THOMAS & HOWARD COMPANY OF CHARLESTON, EM-
PLOYER and FOOD, TOBACCO, AGRICULTURAL & ALLIED WORKERS UNION
OF AMERICA, CIO, LOCAL 15, PETITIONER
Case No. 10-R-2110.-Decided November 8, 1946
Mr. Walter B. Wilbur, of Charleston, S. C., for the Employer.
Messrs. Reuel Stanfield and William Hopps, of Charleston, S. C.,
for the Petitioner.
Mr. Carl R. Barnes, of Charleston, S. C., for the Intervenor.
Mr. Samuel G. Hamilton, of counsel to the Board.
I
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Charles-
ton, South Carolina, on September 19, 1946, before William M. Pate,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Thomas & Howard Company of Charleston is engaged in the whole-
sale grocery business at Charleston, South Carolina. During the past
year the Employer purchased in excess of $500,000 worth of materials,
of which approximately 75 percent represented shipments from points
outside the State of South Carolina. During the same period, the
Employer's sales were in excess of $500,000, all of which were made
within the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
71 N. L. R. B., No. 91.
619
620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, Local 897, herein called the Intervenor,
is a labor organization affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
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.
IV. THE APPROPRIATE UNIT
The parties agree and we find that all production and maintenance
employees of the Employer, including truck drivers, helpers, porters,
and common laborers, but excluding office and clerical employees,
salesmen, and all supervisory employees with authority to hire, pro-
mote, 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 mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Thomas & Howard Company
of Charleston, Charleston, South Carolina, 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 direction and super-
vision of the Regional Director for the Tenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Sections 203.55 and 203.56, of National Labor Relations Board
Rules and Regulations-Series 4,-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 in-
cluding employees in the armed forces of the United States who
THOMAS & HOWARD COMPANY OF CHARLESTON 621
present themselves in person at the polls, but excluding those
employees 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 Food, Tobacco,
Agricultural & Allied Workers Union of America, CIO, Local 15, or
by International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, Local 897, AFL, for the purposes of
collective bargaining, or by neither.
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