Extract
Squirt-Nesbitt Bottling Corp., 24 (1961)
showing of interest. Accordingly, we instruct the Regional Director not to proceed with the election herein directed until he shall have first determined that the Petitioner has made an adequate showing of interest among the employees in the appropriate unit who are eligible to vote in the election 3 [Text of Direction of Election omitted from publication.] 8 Foremost Dairies, Inc., 118 NLRB 1424, 1428, footnote 7.
Squirt-Nesbitt Bottling Corp. and Bakery Sales Drivers Union,Local No. 344. Case No. 13-CA-339$. February 7, 1961 DECISION AND ORDEROn June 14, 1960, Trial Examiner John P. von Rohr issued his Intermediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the General Counsel and Respondent filed exceptions to the Intermediate Report and briefs in support thereof, and Respondent filed a reply brief.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, the Board has delegated its power in connection with this case to a three-member panel [Chairman Leedom and Members Rodgers and Jenkins].The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings,' conclusions, and recommendations of the Trial Examiner, with the exceptions and modifications noted below.We agree with the Trial Examiner that the individual distributorship contracts entered into by the Respondent with its driver-salesmen did not alter the employee status of these drivers or convert them into independent contractors. We also find that Respondent violated Section 8 (a) (5) and (1) of the Act, as, concluded by the Trial Examiner, by refusing to bargain with the Union, the certified bargaining representative of its driver-salesmen, as to those driver-salesmen who signed distributorship contracts and by entering into individual contracts with such employees.21 Elmer Johnson, secretary-treasurer of the Union, was not present at the meeting between Respondent and union representatives held an August 12,.1959, as the Intermediate Report finds.2In view of our disposition herein, we find it unnecessary to pass upon whether, a...See the full content of this document
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