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					                                         STATE OF CONNECTICUT
                                         DEPARTMENT OF LABOR

                          CONNECTICUT STATE BOARD OF LABOR RELATIONS




                      In the Matter of
                                                                    Case No. E-653
     CONNECTICUT MILK PRODUCERS ASSOCIATION
                                                                    Decision No. 330
                           - and -
                                                                    Decided May 20, 1955
       GENERAL TEAMSTERS, CHAUFFEURS, AND
                                                                    Issued May 24, 1955
      WAREHOUSEMEN, LOCAL UNION NO. 493, AFL




APPEARANCES

Walfrid G. Lundborg, Esq. for the Employer

Mr. Arthur Robarge, for the Union

                                DECISION AND DIRECTION OF ELECTION
                                          Statement of the Case

On April 6, 1955, General Teamsters, Chauffeurs and Warehousemen Local Union No. 493, AFL,
hereinafter called the Union, filed with the Connecticut State Board of Labor Relations, hereinafter called
the Board, a petition alleging that a question or controversy had arisen concerning the representation of
all employees, excluding supervisory, clerical and executive employees, employed at the Colchester
terminal of Connecticut Milk Producers Association, hereinafter called the Employer, and requesting the
Board to conduct an investigation and certify the representative of all such employees for the purpose of
collective bargaining pursuant to Section 7393, as amended, of the Connecticut State Labor Relations Act,
hereinafter called the Act.

On May 4, 1955, a hearing was held by the Board at the Labor Department building, Hartford,
Connecticut. The Employer appeared and was represented by Attorney Walfrid G. Lundborg. The Union
appeared and was represented by Mr. Arthur A. Robarge, its business agent. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses and introduce evidence bearing upon
the issues.

Upon the entire record of the case the Board makes the following:
                                           FINDINGS OF FACT

   1. THE EMPLOYER. Connecticut Milk Producers Association is a corporation organized under the
      laws of the State of Connecticut concerning cooperative associations, and maintains an office in
      the City of Hartford. It is engaged in the business of hauling milk and maintains three separate
      terminals located at New Milford, Colchester and Litchfield.

   2. THE UNION. General Teamsters, Chauffeurs and Warehousemen Local Union No. 493, AFL is a
      labor organization which exists and is constituted for the purpose, in whole or in part, of collective
      bargaining and dealing with employers concerning grievances, terms and conditions of
      employment and other mutual aid and protection.

   3. THE QUESTION OR CONTROVERSY. The parties were not in agreement with respect to the
      appropriate unit. We find, therefore, that there is a question or controversy concerning the
      representation of the employees of the Employer for the purpose of collective bargaining.

   4. THE APPROPRIATE UNIT. The issue in this case is whether the appropriate unit should be limited
      to the employees, excluding supervisory, clerical and executive employees, working from the
      Colchester terminal of the Employer, or whether it also should include all similar employees
      working from the Employer’s Litchfield terminal. The Union contended that the unit should be
      confined to such employees at the Colchester terminal. The Employer contended that the unit
      should also include such employees working from the Litchfield terminal. The evidence shows that
      the Employer's operation of its New Milford terminal is a separate operation, and the parties agree
      that this terminal is not involved within the scope of the instant petition. The terminals at
      Colchester and Litchfield are used principally for garaging the trucks and other equipment of the
      Employer. NO business records of the Employer are kept at these terminals, or is any office staff
      maintained in either of them. There are a total of 18 employees, excluding supervisors, employed
      at the two terminals, 10 at Colchester and 8 at Litchfield. The trucks operating out of the Litchfield
      terminal pick up milk on routes in the northwest corner of the State of Connecticut, and a little
      over in New York State, and from all of the area around Canaan to Waterbury. The milk is
      delivered to dealers in Waterbury, Hartford, Bridgeport and New Haven. The trucks operating out
      of the Colchester terminal pick up milk on routes east of the Connecticut River and go to New
      London, Hartford and New Haven. There has been no interchange of employees from one terminal
      to the other. The only contact between the employees of one terminal and the other is the
      occasional contact made when the trucks operating out of the different terminals meet at various
      dairies when delivering loads. One supervisor is in charge of both the Colchester and the Litchfield
      terminals.

       The Union's organization activities have been confined to the employees at the Colchester
       terminal. These employees constitute a clearly-defined and definite group with a community of
       interests.

After giving due consideration to all of the circumstances disclosed by the record, including the
geographical separation of the Colchester terminal from the Litchfield terminal, which is approximately
70 miles, and the slight degree of contact between the employees of the two terminals, the lack of
integration of the operation of both terminals, the limited organizational activities of the Union to the
Colchester terminal, [we find, in order to insure the employees their full benefit of their right to self
organization for the purpose of collective bargaining, and otherwise to effectuate the policies of the Act,
the appropriate unit for collective bargaining purposes should be] limited to the employees, excluding
supervisory, clerical and executive employees, working from the Colchester terminal.

If, in the future, the Employer's business operations are reorganized so as to integrate the operation of
the two terminals and in such a manner as to bring about a clear and definite community of interests
among all employees, it will be possible for the Employer at a proper time to have a redetermination of
the appropriate unit.

                                          CONCLUSIONS OF LAW

Upon the basis of the foregoing Findings of Fact and upon the entire record at the proceedings the Board
finds and concludes as a matter of law:

   1. All of the employees, excluding supervisory, clerical and executive employees, employed by the
      Employer and working out of the Colchester terminal constitute an appropriate unit for the
      purposes of collective bargaining within the meaning of Section 7393, as amended, subsection 2 -
      of the Act.

   2. A question or controversy has arisen concerning the representation of all employees, excluding
      supervisors, clerical and executive employees, employed by the Employer and working out of the
      Colchester terminal within the meaning of Section 7393, as amended, subsection 3 - of the Act.

   3. General Teamsters, Chauffeurs, and Warehousemen Local Union No. 493, AFL, is a labor
      organization within the meaning of Section 7388, subsection 9 - of the Act.

                                         DIRECTION OF ELECTION

By virtue of and pursuant to the power vested in the Connecticut State Board of Labor Relations by
Section 7393, as amended, of the Act, it is

D I R E C T E D that as a part of the determination by the Board to ascertain the exclusive representative
for collective bargaining with the Employer, an election by secret ballot shall be conducted under the
supervision of the Agent of the Board, within fifteen days of the date hereof, at Colchester, Connecticut
among all the employees, excluding supervisory, clerical and executive employees, employed by the
Employer and working out of the Colchester terminal who were on the payroll of the Employer on April
6, 1955 and who are on the payroll on the date of the election, to determine whether they desire to be
represented by General Teamsters, Chauffeurs and Warehousemen Local Union No. 493, AFL, for the
purpose of collective bargaining.
                                         CONNECTICUT STATE BOARD OF LABOR RELATIONS
                                         BY:




TO:

Connecticut Milk Producers Association
990 Wethersfield Avenue
Hartford 14, Connecticut (RRR)

Shipman & Goodwin, Esqs.
by Walfrid G. Lundborg, Esq.
15 Lewis Street
Hartford, Connecticut

General Teamsters, Chauffeurs, and
Warehousemen Local Union No. 493, AFL
68 New Street
New London, Connecticut (RRR)

				
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