Pabst Brewing Co.

PABST BREWING COMPANY 371 went agree ►uent and without opportunity to express their desires in a representation election and in view of the brief period of less than 3 months during which they were covered by the bargaining contract for the overall unit, we conclude there has not been an effective merger of the mechanics and helpers with the certified unit. Inclusion in the operating and maintenance unit for such a short period of time cannot foreclose an effective protest from the employees concerned or render inappropriate an otherwise appropriate unit confined to such employees. ,The nature of the work of the mechanics and helpers, their lack of interchange with operating and maintenance employees, their sepa- rate supervision, rmd dissimilar working conditions convinces the Board that the mechanics and mechanics' helpers are a departmental group who may properly constitute a separate bargaining unit for the determination of a question concerning representation. Accordingly, the Board finds that all mechanics and mechanics' helpers in the garage shop at the Employer's Mount Pleasant, Texas, operation, excluding the operating and maintenance employees, office Clerical-employees, truckdnvers and hostlers, guards, and supervisors as defined in the Act may constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. We shall direct an election among these employees. If a majority of the employees vote against the Union, the latter organi- zatlo ►►will be decertified as representative of the Employer's me- chauics and mechanics' helpers. If, however, a majority of the employees cast their ballots for the Union, they will be taken to have indicated their desire to be a part of the operating and maintenance Iunt and the Union may bargain for the mechanics and mechanics' helpers as part of that unit. .[ fext of Direction of Election omitted from publication.] 'Allen Wales Adding 31och,ne Division of the National Cash Register Company, 94 NLRB 1288. PABST BREWING COMPANY and INTERNATIONAL UNION OF UNITED BREWERY, FLOUR, CEREAL, SOFT DRINK AND DISTILLERY WORKERS OF AMERICA, CIO, AND ITS LOCAL UNION No. 77, PETITIONER. Case No. 13-RC-3868. July 23, 1954 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Libor Relations Act, a hearing was held before Irwin M. Lieberman, hear- 109 NLRB No. 54 334811-.33-vol 100 2a 372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion 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 to represent as a separate residual unit all of the Employer's sanitation department employees working at its brewery in Peoria, Illinois. In the alternative, the Petitioner seeks to represent these employees as part of the production unit it now represents. At the hearing, the Employer took no position as to the requested unit, stating that it would leave the unit question to the determination of the Board. In its brief to the Board, however, the Employer urges that the requested employees be added to the exist- ing unit and not be set up as a separate unit. The Employer maintains five different operations in the Peoria area.' Only its brewery is involved in this proceeding. The Peti- tioner has had contracts which covered all production employees at the brewery since about 1939.2 The last contract, executed in July 1949, expires August 31, 1954.3 The sanitation department employ- ees 'are the only hourly rated employees who are not covered by col- lective-bargaining agreements. There are 34 employees in the sanitation department, including 30 janitors, 3 insect and rodent control employees, and 1 employee who works in the garage. All work under the supervision of the foreman' of the sanitation department. Their wage rates are based on the wage scale in the brewing industry. The janitors perform the usual work of their classification. They do not interchange with other em- ployees in the brewery or with janitors in the other plants. Two janitors from the brewery, however, are assigned to do part-time janitor work in the malt syrup plant as there is not enough work for full-time janitors in that plant. The 3 insect and rodent control employees are responsible for maintaining sanitary conditions in all 1 The Employer operates a brewery in Peoria Heights, a malt syrup plant contiguous to the brewery in Peoria Heights , and a malt house, an industrial products plant, and a corn grits mill, all in Peoria. 3 These contracts, which were not based on Board certifications, covered employees in the bottling, brewing, receiving, and shipping departments 3 The 1949 contract is a multiemployer contract The other two signatories to the con- tract besides the Employer, however, are no longer in the brewing business . The record shows that they do not have any unrepresented employees aside from office personnel. There is no contention made that a multiemployer unit should be found appropriate in this case. AMERICAN STEEL & WIRE DIVISION 373 5 ,.of the Employer's plants in the Peoria area. Although they are based at the brewery and are considered part of the sanitation de- partment personnel, they go wherever their work is required. The garage employee is responsible for cleaning and washing the Em- ployer's cars and trucks and keeping the garage clean. When he is on vacation or absent for any reason, he is relieved by another sanita- tion department employee. From the foregoing, it is clear that the employees sought by the Petitioner constitute a residual group which has been excluded from the unit currently represented by the Petitioner. We find that the sanitation department employees have sufficient community of inter- ests with the production employees to be included in the same unit., Accordingly, we shall direct an election in the following voting group : All sanitation department employees at the Employer's Peoria, Illi- nois, brewery, including janitors, insect and rodent control employ- ees, and garage employees, but excluding the sanitation department foreman and all other supervisors. If a majority of employees in the foregoing voting group vote for the Petitioner, they will be taken to have indicated their desire to be included in the existing unit of employees at the Employer's brewery presently represented by the Petitioner, and the Regional Director conducting the election is instructed to issue a certification of the results of election to that effect. [Text of Direction of Election omitted from publication.] ..4 The Board usually includes janitors in production and maintenance units. Underwood Corporation, 107 NLRB 1132; Palmer Manufacturing Company, 103 NLRB 336. AMERICAN STEEL & WIRI' DIVISION Or UNITED STATES STEEL COR -PORATION and LOCAL 5000, UNITED STEELWORKERS of AMERICA, CIO,1 PETITIONER. Case No. 8-RC-21!1. July 23, 1954 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 Paul Weingarten, 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 this case, the Board finds : 1. The Employer is engaged in commerce within the nleaning of the Act. 2. The labor organizations involved claim to represent employees of the Employer. i The name of the Petitioner appears as amended at the hearing. 109 NLRB No. 65.