Kallaher and Mee, Inc.

In the Matter Of KALLAHER AND MEE, INC., EMPLOYER and OIL WORKERS' INTERNATIONAL UNION, LOCAL #366, CIO, PETITIONER Case No. 1-R-3779.Decided January 14, 1948 Mr. J. Clifden O'Reilly, of Providence, R. I., for the Employer. Mr. William R. Neilson, of New York City, for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Provi- dence, Rhode Island, on August 8, 1947, before Robert E. Greene, 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 the case, the National Labor Relations Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Kallaher and Mee, Inc., a Rhode Island corporation, is engaged in the purchase, sale, and distribution of gasoline, lubricating oils, fuel oils, tires, batteries, and accessories at its place of business in Paw- tucket, Rhode Island. Since January 1, 1947, the Employer has purchased materials exceeding $750,000 in value, of which substantially all has been purchased from vendors located outside the State of Rhode Island. The Employer's sales, during the same period, ex- ceeded $750,000 in value, of which approximately 10 ' percent has been made to customers located outside the State. ° The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 75 N. L. R. B., No. 98. 802 KALLAHER AND MEE, INC. III. THE QUESTION CONCERNING REPRESENTATION 803 The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a 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. IV. THE APPROPRIATE UNIT The Petitioner seeks a unit restricted to truck drivers and repair men employed by the Employer. The Employer would include in the unit 'a bookkeeper, two clerks, a farm truck operator, an accessory truck driver, and an unclassified employee. - The Employer employs 16 persons, 2 of whom, the general manager and the salesman, both parties agree should be excluded, and 8 of whom, the truck drivers and repair men, both parties would include. The truck drivers and repair men are all hourly paid, and receive time and a half for overtime. They work irregular hours, arriving for duty some time after 5: 30 a. in. and working until their deliveries are completed regardless of the hour. All the truck drivers and repair men report to a bulk station in Pawtucket. The six employees in dispute, however, all work and report at the Employer's office on Mineral Spring Avenue, in another section of Pawtucket; and all work regular hours, from 8: 00 a. in. to 5: 00 p. m. The bookkeeper and the two clerks perform clerical duties exclusively. The accessory truck driver is normally engaged in collecting money from customers and in soliciting orders. He spends less than 5 percent of his time delivering tires and accessories in a small truck. The farm truck operator operates a service which the Employer supplies to farmers in the area, visiting them at regular intervals to oil, grease, and service their mechanical farm equipment. He does not normally deliver the Employer's products. The unclassified employee keeps stock records, takes customers' orders, keeps the time of other em- ployees, and dispatches the Employer's trucks by telephone. He does no truck driving. As the six employees in dispute have interests different from those of the truck drivers and repair men, in that the two groups work at different places, have different hours, and perform work of a different nature, we shall exclude the six disputed employees from the unit. We find, accordingly, that all truck drivers and repair men employed by the Employer, excluding bookkeepers, clerks, farm truck operators, accessory truck drivers, unclassified employees, salesmen, the general manager, and all supervisors as defined in the Act, as amended, con- 766972-48-vol. 75-52 804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Kallaher and Mee, Inc., Paw- tucket, Rhode Island, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this direction, under the direction and supervision of the Regional Director for the First Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regula- tions-Series 5, among the employees 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, 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 Oil Workers' Inter- national Union, Local #366, CIO, for the purposes of collective bargaining. M1niBER HOUSTON took no part in the consideration of the above Decision and Direction of Election.