Waples-Platter Co.

National Labor Relations Board - Board Decisions

Feb 15, 1946

65 N.L.R.B. 1074 (N.L.R.B. 1946)

In the Matter Of WAPLES-PLATTER COMPANY and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, LOCAL 745, AFL
Case No. 16-R-1551.-Decided February 15, 1946
Mr. Sidney L. Samuels, of Fort Worth, Tex., and Mr. Campbell
Smith, of Dallas, Tex., for the Company.
Messrs. James B. Turner and Neal H. Hodges, of Dallas, Tex., for
the Union.
Mr. Harry W. Clayton, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, Local 745,
AFL, herein called the Union, alleging that a question affecting com-
merce has arisen concerning the representation of employees of
Waples-Platter Company, Dallas, Texas, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Glenn L. Moller, Trial Examiner. The
hearing was held at Dallas, Texas, on January 7, 1946. The Com-
pany and the Union 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 opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS or FACT
I. THE BUSINESS OF THE COMPANY
Waples-Platter Company is a Texas corporation having its princi-
pal office and place of business at Fort Worth, Texas. The Company
is engaged in the purchase, sale, and distribution of food products,
65 N. L. R. B., No 191.
1074
WAPLES-PLATTER COMPANY 1075
and maintains offices and warehouses at Fort Worth, Dallas, Green-
ville, Denison, Vernon, Memphis, Amarillo, Lubbock, Abilene, and
Odessa, Texas, Clovis and Roswell, New Mexico, and Ada, Oklahoma.
The Company is also engaged in the manufacture and sale of wooden
boxes at a plant in Fort Worth, Texas. This proceeding is concerned
with the Dallas warehouse only.
The Company annually purchases merchandise valued in excess of
$6,375,000, of which approximately 80 percent is shipped to the Com-
pany's Texas establishments from points outside the State of Texas.
During the same period the Company's sales are in excess of $7,500,000.
Shipments of merchandise to the Company's Dallas warehouse amount
to approximately $2,000,000 annually, of which approximately 50
percent is shipped to the warehouse from points outside the State of
Texas. The Dallas warehouse distributes no products outside the
State of Texas. Annual shipments of finished products from the box
factory are valued at approximately $400,000, of which approximately
35 percent is shipped to points outside the State.
The manager of the Dallas warehouse hires employees independently
of the principal office at Fort Worth and separate pay rolls and books
of account are kept at Dallas. Except as to some purchases made by
the Company's general buyer, the Dallas warehouse purchases directly
the merchandise which is stored and distributed there. On the other
hand, the employees at the Dallas warehouse are paid by checks drawn
at the Fort Worth office. In addition, there is some exchange of mer-
chandise between the Company's warehouses at Dallas and elsewhere.
We find, contrary to the contention of the Company, that its opera-
tions at the Dallas warehouse 1 affect commerce within the meaning of
the National Labor Relations Act.2
IT. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America,'Local 745, is a labor organization, affil-
iated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its Dallas warehouse employees
I We have previously accepted jurisdiction over other operations of waples -Platter
Company in the Matter of lVaples-Platter Company , 45 N. L R. B. 66 , and N. L . R. B. v.
Waples-Platter Company, 140 F. (2d) 228 (C C A 5).
' See Matter of Frank L Thiemonge, doing business as Birmingham Grain Company,
55 N L R . B. 487 , and Matter of Pangburn Company , Inc., 64 N L R . B. 1551. See also
N. L. R B. v Poultrymen 's Service Corporation , 138 F. (2d) 204 (C. C. A. 3) ; N. L R. B.
v Suburban Lumber Company, 121 F . ( 2d) 820 (C. C. A. 3) ; N. L. R. B v Kudile, Rudolph
and Charles, d/b/a Hasbrouck Hughes Dairy, 130 F. (2d) 615 ( C. C. A. 3).
1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number- of
employees in the unit hereinafter found appropriate.3
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
We find, in substantial agreement with the position of the parties,
that all drivers, warehousemen, and shipping clerks 4 at the Com-
pany's Dallas warehouse, but excluding office clerical employees, the
manager, the warehouse superintendent, and any other supervisory
employees 5 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 pur-
poses 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 employees
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.
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
DIREoriD that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Waples-Platter
Company, Dallas, Texas, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
S The Field Examiner reported that the Union submitted 21 cards , dated in October and
November 1945, and that there are approximately 32 employees in the appropriate unit.
4 This classification includes persons performing the duties of older filler , checker, and
invoice clerk.
' The record indicates that a Mr. Stone , referred to as a shipping clerk, oversees work,
gives time off, reprimands , and seems to be in full charge of the warehouse when the super-
intendent is absent . Although the parties agreed that he is included in the unit, we find
that Mr . Stone is covered by the Board ' s definition of supervisory employees and, accord-
ingly, should be excluded.
WAPLES-PLATTER COMPANY 1077
the date of this Direction, under the direction and supervision of the
Regional Director for the Sixteenth 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 Regulations, among em-
ployees 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
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 or not they desire to be represented by Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local 745, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining.
111x. GERARD D. REiLLY took no part in the consideration of the above
Decision and Direction of Election.