Thompson Products, Inc.

In the Matter of TJOMPSON PRODUCTS, INC., EMPLOYER and INTER- NATION AL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE- MEN & HELPERS OF AMERICA, LOCAL #407 (AFL), PETITIONER Case No. 8-R-2363.-Decided Jan'uar^j 14, 1947 Stanley Smoyer, by Messrs . Harry E. Sm,oyer and Carl H. Clark, both of Cleveland , Ohio, for the Employer. !1lessrs . Albert Evans and Andrew Bessler, of Cleveland, Ohio, for the Petitioner. Miss Irene R. Shriber, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Cleve- land, Ohio, on October 28, and November 8, 1946, before Thomas E. Shroyer, 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 1. TIIE BUSINESS OF THE EMPLOYER Thompson Products, Inc., an Ohio corporation with plants at Euclid and Cleveland, Ohio, is engaged in the manufacture of auto- motive and aircraft parts. Both the Employer's plants are involved in this proceeding. The Employer annually purchases more than $500,000 worth of raw materials, of which approximately 50 percent is obtained from sources outside the State of Ohio. It annually pro- duces finished products valued at more than $1,000,000, of which in excess of 50 percent is shipped to out-of-State purchasers. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. 72 N L R. B., No. 14. 64 THOMPSON PRODUCTS, INC. III. TIIE QUESTION CONCERNING REPRESENTATION 65 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 has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties are in agreement that all freight truck drivers in the Employer's two plants, exclusive of supervisory employees, constitute an appropriate unit. The parties are in disagreement, however, with reference to the inclusion or exclusion of approximately 27 employ- ees who are licensed truck drivers and whose duties include driving a truck or other motor vehicle. The Petitioner urges the exclusion of these 27 drivers on the ground that they are not primarily engaged in freight truck driving. The Employer, on the other hand, desires the inclusion of these drivers. A. The truck drivers in the Euclid plant The Employer's operations in the Euclid plant are divided into employment groups, each of which is designated by a group number. Each employment group has its own motor vehicles and licensed truck drivers. The number of licensed drivers assigned to each employment group varies as does the number of motor vehicles and their type. 'There is a total of approximately 30 licensed truck drivers in the entire plant. Supervision of any particular truck driver rests with the head of the employment group to which the driver is assigned. The parties are in dispute about licensed drivers in the following employment groups : Group 1.93.-There is one licensed truck driver in this group. He operates a station wagon and works under the supervision of the office manager. He makes scheduled trips between the Employer's two plants, hauling freight, packages, mail and passengers. Inasmuch as the driver in this group devotes the major portion of his time to driving the station wagon, we shall include him. Group 7480.-This group is composed of the outside maintenance crew who are responsible for the upkeep of the plant grounds. Of the 9 to 15 employees in the maintenance crew, 2 are licensed truck drivers. These drivers operate dump trucks and haul such items as slag, stones, soil, rubbish and shrubbery to, from, and about the plant grounds. They frequently drive outside the plant grounds to make 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD deliveries and pick-ups. In all, the drivers in Group 7480 spend about 50 percent of their time operating trucks. They receive higher wages than the other maintenance crew employees, being paid ac- cording to the wage scale established by the Employer for all its truck drivers' We are of the opinion that the interests of the licensed truck drivers in this group are more closely aligned with the interests of the true].: drivers in the bargaining unit than with those of the maintenance crew. Accordingly, we shall include them. Group 7560.-This group consists of plant-protection and fire pa- trolmen. Amopg the patrolmen are eight licensed truck drivers. These drivers operate busses which are used for transporting plant personnel to streetcar and bus lines at the beginning and end of each shift. These patrolmen-drivers devote 2 hours a day to driving the busses and spend the remainder of their 8-hour day performing the duties of regular patrolmen. On occasion, these patrolmen-drivers also convey employees to picnics and other Employer affairs and functions. Inasmuch as the patrolmen-drivers in this group function more in the capacity of patrolmen than drivers, we shall exclude them. Group 7590.-Code numbers are used for the job descriptions of the licensed truck drivers in this group. The Petitioner would in- clude the drivers who are classified under Codes 191 and 192, but would exclude the.driver under Code 193. We perceive no reason for this distinction. All the truck drivers in this group devote all their time to the usual duties of truck drivers, i. e., driving, loading and unloading trucks. We shall, therefore, include the driver classi- fied under Code 193.2 Group 7600.-This group covers the garage employees of whom seven are licensed truck drivers. The garage services all the trucks and other motor vehicles used in this plant.. The seven drivers in this group spend approximately 70 percent of their time operating motor vehicles of various types. They pick up parts and equipment in the city for use in the garage and return equipment which has been serviced by the garage. In addition, these drivers deliver air- plane material, such as jet parts to other plants. Of the seven truck drivers in the garage six do car greasing when not driving and the seventh, a second-class mechanic, assists in repair work. Because the drivers in this group are called upon to drive motor vehicles the greater part of their time, we shall include them. Group 7691.-This group includes millwrights, seven of whom are truck drivers. These drivers are qualified millwrights as well as The wage scale is dependent upon the size of the truck the driver operates. In this connection, we note that the job description under Code 192 specifically states that the "duties connected with this job are similar to those performed under Code 193, the only exception is the fact that this particular truck is heavier." THOMPSON PRODUCTS, INC. 67 truck drivers, but function most frequently in the capacity of mill- wrights. The one millwright-truck driver who testified at the hear- ing stated that lie and the other millwright-truck drivers in this group operated a truck on an average of once a month. He also testified that he was paid according to the wage scale of millwrights. Thus, it appears that the millwright-truck drivers are principally millwrights and only secondarily truck drivers. We shall exclude them. 0 B. The t,uucle drivers in the Cleveland plant 0 This plant classifies its truck drivers according to the type truck the drivers operate. There are nine truck drivers in this plant, the majority of whom work nuclei- the supervision of the foreman of the Service Division. The Petitioner would include all truck drivers except the driver of a light panel truck who works in the Special Products Division. This driver picks up cafeteria supplies, such as food, beverages and equipment and delivers them to the Employer's various cafeterias. He also hauls food to employee functions. Be- cause this driver devotes practically his entire working day to load- ing, unloading and driving a truck, we shall include him in the unit. We find that all truck drivers in the Employer's two plants, in- cluding drivers in the Euclid plant who are in Groups 193, 7480, 7590 and 7600, but excluding drivers in the Euclid plant who are in Groups 7560 and 7691 and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute 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 Thompson Products, Inc., Cleveland, Ohio, 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 Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Section 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, 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 em- ployees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been re- hired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by International Brother- hood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local #407 (AFL), for the purposes of collective bargaining.