Nelson-ricks Creamery Company, Employer And Teamsters, Chaitffeurs, Warehousemen And Helpers Union, Local 983, Afl, Petitioner, 204 (1950)

Extract

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Nelson-ricks Creamery Company, Employer And Teamsters, Chaitffeurs, Warehousemen And Helpers Union, Local 983, Afl, Petitioner, 204 (1950)

In the Matter of NELSON-RICKS CREAMERY COMPANY, EMPLOYER and TEAMSTERS, CHAITFFEURS, WAREHOUSEMEN AND HELPERS UNION,

LOCAL 983, AFL, PETITIONER Case No. 19-RC--30.-Decided April 5,1950 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Howard A.

McIntyre, 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 this case, the Board finds:

1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.

2. The labor organization involved claims to represent employees of the Employer.

3. No question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons:

The Petitioner seeks to represent seven truck drivers who pick up milk at farms and haul it to the Employer's creamery at Rexburg,

Idaho. The Employer contends that these drivers are independent contractors, not employees, and that the Board should, therefore, dismiss the petition.

Each driver has a contract with...

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