Jefferson Co., Inc.

202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that of maintenance which allies them more closely with produc- tion and maintenance employees than with office employees. Therefore , we shall include them in the unit. The warehouse clerk in the general office performs the same warehouse duties of receiving and issuing stock and supplies as the other warehouse clerks in the electrical and lumber and timber departments whom the parties agree to include in the unit . We shall therefore , contrary to the Petitioner's contention, include the warehouse clerk. Accordingly , we find the following unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees at the Employer's Lead , South Dakota , operations , including the employees at the deadwood slime plant, the Kirk power station , the Engle- wood hydropower plant, the hydropower plants Nos . 1 and 2, the Spearfish sawmill, the Golden Gate Timber Company logging operation , load dispatchers , watchmen, the leadman in the air motor repair shop , the master electrician , the carpenter crew boss, the chief mechanic at the sawmill , assayers and as- sistant assayers , the storekeeper in the mechanical department, compressor operators , the tabulating machine mechanics, the mine messenger , warehouse clerks , senior and junior refiners, janitors , office janitresses , hoistmen , crowbar men , and as- sistant foremen, but excluding office clerical employees, tele- phone operators , pinsetters , bullion guards, guards, shift bosses , the foreman in the water department, the foreman in the carpenter department , the foreman in the uranium operation, and other supervisors as defined in the Act.9 [Text of Direction of Election omitted from publication.] 9 Although this unit is broader than that requested by the Petitioner, the Petitioner has made a sufficient showing of interest in the broader unit and we shall direct an election in that unit. If the Petitioner does not wish to participate in an election for the unit herein found appropriate, it may withdraw its petition filed in this proceeding upon notice to that effect given to the Regional Director within ten (10) days from the date of the direction of election herein JEFFERSON CO., INC., and SERVICE CORPORATION OF AMERICA and CONGRESS OF INDUSTRIAL ORGANIZA- TIONS, Petitioner . Case No . 10-RC-2276. May 29, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Allen Sinsheimer, Jr., hearing officer . The hearing officer ' s rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three -member panel [ Members Houston, Murdock, and Styles]. 105 NLRB No 4. JEFFERSON CO., INC. 203 Upon the entire record in this case , the Board finds., 1. The Board' s jurisdiction is contested by each of the two corporations named as Employer herein. Jefferson Co., Inc. , herein called Jefferson, is a Florida corporation engaged in selling at retail television sets, radios, refrigerators , washing machines, and various electrical and kitchen appliances . It operates within the State of Florida 5 stores and a warehouse in greater Miami , and 1 store in Fort Lauderdale . During the year 1952, it sold merchandise, all locally, valued in excess of $3,000,000. During the same year, its purchases were valued in excess of $2,000,000 , of which over $ 1,700,000 represented goods produced outside the State of Florida . We find that Jefferson is engaged in commerce within the meaning of the Act, 1 and, in accordance with our policy of asserting jurisdiction in cases where the indirect inflow totals at least $1 , 000,000 annually, thatitwill effectuate the policies of the Act to assert jurisdiction. Service Corporation of America , herein called Service, is a Florida corporation engaged in servicing television sets , radios, refrigerators , washing machines , and various electrical ap- pliances . It was organized in November 1952. Since November 1952 its sale of service , all performed within the State of Florida, ranged in value from $15 , 000 to $25 , 000 per month, of which 65 or 70 percent was performed for Jefferson, and the remainder for other companies and the public at large. On these facts , it is clear that Service does not fall within the Board' s jurisdictional standards . Nor does there appear any basis for taking jurisdiction over Service from the further evidence , discussed below, respecting the corporate or operating interrelationship of Service and Jefferson ! Accord- ingly, we shall not assert jurisdiction with respect to Service. 2. We find, contrary to the contention of the Employer, that the Petitioner , Congress of Industrial Organizations , is a labor organization within the meaning of Section 2 (5) of the Act, because its purpose in this instance is to bargain collectively with the Employer concerning the wages, hours , and working conditions of employees.3 3. A question affecting commerce exists concerning the rep- resentation of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks a unit consisting of employees of Jefferson and Service , in the white goods department, in the warehouse , the refrigeration, outside refrigeration , and parts refrigeration men, and the drivers and helpers , but excluding television and radio servicemen , office clerical employees, guards, watchmen , professional employees , and supervisors as defined in the Act . In the alternative , the Petitioner will accept any unit the Board finds appropriate . In support of its primary unit request, the Petitioner takes the position, in 'See Television Company of Maryland, Inc, 101 NLRB 355 2Cf. Gifford- Hill & Company, Inc , et aL, 90 NLRB 428 3 See Bewley Mills, 77 NLRB 774. 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD effect, that Jefferson and Service constitute a single employer for purposes of collective-bargaining representation under the Act . The facts do not support this position. Before November 1952 Jefferson operated as part of its business a service department confined to servicing its own merchandise . Because it assertedly found such an arrange- ment to be unprofitable , Jefferson was instrumental in the formation of Service , which came into existence in November 1952 . At such time Service hired substantially all the em- ployees in Jefferson' s former service department . Thereafter, Service contracted to perform all of Jefferson ' s servicing requirements , which, as already noted, comprise 65 or 70 percent of Service's business . Jefferson owns 40 percent of the outstanding stock of Service . The remainder of the stock does not appear to be owned or controlled by Jefferson, or by any of its officers or directors . There are no common of- ficers or directors in the two corporations . Both corporations are located at the same address, Service having subleased building space from Jefferson . However , their respective plants and officers aie separated by a masonry partition which has a door permitting cross-entry between the two plants for delivery purposes . Both plants have separate entrances , switch- boards , payrolls , and time clocks for employees. Each corpora- tion exercises full control over the employment conditions of its respective employees , including separate supervision. There is no interchange of employees between the two corporations. Particularly as there is no showing here that Jefferson con- trols the labor - relations policies of Service , we find that the two corporations are separate employers under the Act.4 There remains for consideration the Petitioner ' s alter- native unit request, which is necessarily confined to employees of Jefferson . Eliminating from the primary unit sought by the employees of Service , the alternative unit embraces only the warehouse employees of Jefferson . Specifically, the unit would include chauffeurs , helpers, warehousemen , shipping clerks, and the porter. No issue appears in the record with respect to the appropriateness of such a unit . In the past, the Board has found similar units to be appropriate.5 Accordingly , we find the following employees of Jefferson constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All employees of Jefferson Co., Inc. , at its Miami, Florida, warehouse , including chauffeurs , helpers, warehousemen, shipping clerks, and the porter , but excluding office clerical employees , guards , watchmen, professional employees, and supervisors as defined in the Act. [ Text of Direction of Election omitted from publication .] 4See Van Leer Chocolate Corporation, 90 NLRB 535; Wood Products Company, 100 NLRB 115. 5See, e.g., Edward Hines, Inc., 90 NLRB 1140.