General Beverages Co.

National Labor Relations Board - Board Decisions

Feb 15, 1949

81 N.L.R.B. 647 (N.L.R.B. 1949)

In the Matter of GENERAL BEVERAGES COMPANY, EMPLOYER and INTER-
NATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK
AND DISTILLERY WORKERS, LOCAL UNION 196, CIO, PETITIONER
Case No. 33-RC 93. D`eoided February 15, 19119
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing offi-
cer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.2
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is a Tennessee corporation having its principal
office and place of business in Memphis, Tennessee. It holds fran-
chises for bottling Canada Dry, Nu-Grape and Suncrest Orange bev-
erages. During the fiscal year ending June 30, 1948, it purchased
$110,800 worth of raw materials, of which 74 percent originated in
States other than Tennessee. The syrups which the Employer pur-
chases from its licensors are shipped directly to the Employer from
outside the State of Tennessee. We find, contrary to the contention
of the Employer, that it is engaged in commerce within the meaning of
the National Labor Relations Act .3
2. The labor organization named below claims to represent em-
ployees of the Employer.
1 The name of the Employer appears as amended at the hearing.
' The hearing officer's denial of the Employer's motion to dismiss the petition because
the Petitioner did not show that it had complied with Section 9 (f), (g), and (h) of the
Act is hereby affirmed ; such showing is purely an administrative matter for the Board
to determine and not litigable at a hearing. Matter of General Plywood Corporation, 79
N. L. R. B. 1458 ; Matter of Lion Oil Company, 76 N L. R. B. 565.
*Chairman Herzog and Members Reynolds and Gray.
3 Matter of Dr. Pepper Co. d/b/a Dr Pepper Bottling Co., 78 N. L. R. B. 1261 ; Matter
of Coca-Cola Bottling Company, 74 N. L. R. B. 1098.
81 N. L. R. B., No. 116. 647
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's Mem-
phis, Tennessee, plant, excluding driver-salemen,4 office and clerical
employees, and all supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, 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, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining, by International Union of United Brewery,
Flour, Cereal, Soft Drink and Distillery Workers, Local Union
196, CIO.
* The Employer's representatives testified without contradiction that the driver- salesmen
have authority to hire and discharge their helpers, and that they have exercised such
authority. We find that the driver-salesmen are supervisors within the meaning of the
Act, and we shall therefore exclude them.