Seattle Door Co., Inc.

SEATTLE DOOR COMPANY, INC. 531 trucks'.' Also, while they receive the same benefits and the same average pay as the other employees, and generally share the same working conditions, their hours are variable, e. g., the felt driver starts work late in the morning if he worked late the previous day, and the other drivers cone in late if they know their trucks will not be loaded until after the usual starting time. We are of the opinion that the Employer's truckdrivers are a homogeneous and identifiable group, analogous to those whom the Board has previously held may be a separate bargaining unit, if they desire, despite a bargaining history on a broader basis. 6 They may, of course, remain part of the more compre- hensive production and maintenance unit, if they wish. We shall therefore direct an election in the following voting group: All truckdrivers at the Employer's Indianapolis, Indiana, plant, excluding all other employees, guards, and supervisors as defined in the Act. If a majority of the employees in this group vote for the Petitioner, then will be taken to have indi- cated their desire to constitute a separate bargaining unit, and the Regional Director conducting the election is instructed to issue a certification of representatives to the Petitioner for the unit, which the Board under such circumstances finds to be appropriate for the purposes of collective bargaining. In the event that a majority vote for the Intervenor, the Board finds the existing unit to be appropriate and the Regional Director conducting the election is instructed to issue a certification of results of election to that effect. [Text of Direction of Election omitted from publication.] Member Peterson, dissenting: In view of the collective-bargaining history on a plantwide basis since 1937, and in the absence of any other factors war- ranting their severance from the established unit,? I would not accord the truckdrivers separate representation. $ One of the mattress drivers recently served as a replacement for a shipping department employee on leave from the plant, but in the interim a replacement truck had to be leased by the Employer to do that driver's work, and when the absent employee returned to work the driver returned to his usual assignment. 6General Box Company. 93 NLRB 789. The decisions relied upon by the Employer in its brief are clearly distinguishable on their facts 7See my dissenting opinion in W. C. Hamilton and Sons, 104 NLRB 627. SEATTLE DOOR COMPANY, INC. and LOCAL 193, INTER- NATIONAL BROTHERHOOD OF FIREMEN AND OILERS, AFL, Petitioner. Case No. 19-RC-1321. July 31, 1953 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Lct, a hearing was held before Donald D. 106 NLRB No 91. 322615 0 - 54 - 35 532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD McFeely, 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 Peterson]. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the mean- ing of the Act. 2. The labor organization involved claims to represent em- ployees of the Employer. 3. No 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, for the following reasons: The Petitioner seeks to sever two firemen from an existing production and maintenance unit at the Employer's door manu- facturing plant in Seattle. Severance is opposed by the incum- bent representative, Local 2519, Lumber and Sawmill Workers Union, United Brotherhood of Carpenters and Joiners of America, AFL, which was permitted to intervene. The Em- ployer takes no position. The 2 firemen tend a boiler which operates at only 15 pounds pressure and which serves the dual purpose of heating the plant and disposing of its wood scrap and sawdust. Every 20 or 30 minutes during his shift, each fireman leaves the boilerhouse, proceeds to the main building 40 feet away, goes about shoveling wood scrap into a wheelbarrow, and brings it back to the boilerhouse to be burned. Every morning the fire- man on duty performs janitor work in the plant office; and during the production workers' lunch period he cleans up around the machines, as does the other fireman at the end of the produc- tion shift. The two firemen hold only unskilled fourth grade firemen's licenses . There is no evidence that they are able to, or do, make any boiler repairs. Although they are paid 15 cents an hour more than common laborers at the plant, the Employer regards the job of fireman as a last resort placement for employees who have proved incapable of performing satisfac- torily any other task. We find that these firemen are not the kind of boilerroom employees whose separate interests are sufficient to entitle them to severance from the established unit. A unit of firemen at this plant would be devoid both of craft characteristics and of any other substantial indication of separate interests., We will therefore dismiss the petition.2 [Monsanto Chemical Company, 80 NLRB 1675; Gunnison Homes, Inc., 98 NLRB 1048, 1052; General Mills, Inc., 84 NLRB 831 2 In dismissing this petition, Member Peterson would also emphasize the Intervenor 's 3 years' representation of these employees as part of a broader unit. See his dissent in W C Hamilton & Sons, 104 NLRB 627. MRS. TUCKER'S PRODUCTS 533 In view of this disposition of the case , it becomes unnecessary to discuss the contract -bar is.sues raised by the Intervenor. [The Board dismissed the petition.] MRS. TUCKER'S PRODUCTS, DIVISION OF ANDERSON, CLAYTON & COMPANY, INC.'and OIL WORKERS INTER- NATIONAL UNION, CIO, Petitioner. Case No. 13-RC-3308. July 31, 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 Rush F. Hall, hearing officer . The hearing officer' s rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. 2 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 Peterson]. Upon the entire record in this case , the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the mean- ing of Section 9 (c) (1) and Section 2 ( 6) and ( 7) of the Act. 4. The Petitioner seeks a unit of all production and mainte- nance employees at the Employer's Jacksonville , Illinois , plant, including truckdrivers and plant clericals, but excluding all office clerical employees , guards , professional employees, and supervisors as defined in the Act . The Employer generally agrees with the appropriateness of a production and mainte- nance unit but would exclude from the unit all office and plant clerical employees , mail-truck drivers, guards , watchmen, gatemen, professional and technical employees , such as chemists, junior chemists , analysts , engineers , junior engi- neers, engineer trainees , supervisory trainees , and super- visors as defined in the Act.' ' The Employer 's name appears as amended at the hearing. 2 The hearing officer reserved for the Board 's determination the motion of United Brother- hood of Carpenters and Joiners , Local No. 904, AFL, to intervene at the hearing. For reasons hereinafter set forth, the motion to intervene is hereby denied. International Chemical Workers Union , AFL, international Union of Operating Engineers, Local No. 7, AFL, and United Association of Journeyman Plumbers and Steamfitters, Local 553, AFL, although served with notice, did not appear at the hearing. 3 The Employer also requested that temporary construction and maintenance employees be excluded from the unit. As the record indicates that these individuals are not employed by the Employer but are employed by independent contractors , they are excluded from the unit. 106 NLRB No. 89.