Ira Grob, Inc.

626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD appear to be mainly with the included inspectors. Accordingly, we shall include the liaison inspectors in the unit. Liaison quality control men : The relationship between the liaison quality control men and the quality control men is analogous to that between the liaison inspectors and the inspectors included by stipula- tion of the parties. When the quality control men are in doubt as to the suitability of a particular part, the liaison quality control men are called upon to make the decision. Since the interests of the liaison quality control men are closely related to those of the other quality con- trol men who are included in the unit by stipulation of the parties, we shall include them in the unit. Upon the entire record in this case, we find that the following em- ployees of the Employer at its Montebello and Vernon, California, plants constitute a unit appropriate for the purpose of collective bar- gaining within the meaning of Section 9 (b) of the Act:' All production and maintenance employees including shipping men, truckdrivers, gauge inspectors, gauge inspector repairmen, receiving clerk, quality control men, all janitors (except those employed exclu- sively in the Vernon office), liaison inspectors, and liaison quality con- trol men, but excluding the timekeeper, shipping room clerical em- ployees, clerk typist-machine shop, chemist, material review inspec- tor-aircraft, instructors, stock record clerk-raw and finished inven- tory clerk, production control clerk, production planner, ozalid clerk, toolcrib clerk, inspection clerk, stock scheduler, metallurgist, statistical clerk, statistical record clerk, field serviceman (properly called assem- bly field serviceman), stock record clerk, pattern storage man, ex- pediters, toolroom clerk, office employees (except the janitor employed exclusively at the Montebello plant), clerical employees, guards, watch- men, professional employees, leadmen (working as well as nonwork- ing), dispatchers, and all other supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] d Apart from the five disputed categories considered above, the inclusions and exclu- sions listed below are covered by a stipulation of the parties. IRA GROB, INC. and LOCAL 31, FOOD, DISTRICT 65, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, CIO, PETITIONER. Case No. 2-RC-6842. October 28, 1954 Decision and Direction of Elections Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Arthur Younger, hearing offi- cer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 110 NLRB No. 94. IRA GROB, INC. 627 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 1 involved claim to represent certain em- ployees of the Employer. The Intervenor contends that its contract with the Employer which was extended by a stipulation to terminate December 31, 1954, is a bar to this proceeding. The Petitioner contends that article 5 of the con- tract contains an illegal union-security clause and cannot act as a bar. The Employer takes no position regarding the contract. Article 5 of the contract contains the following language : Only members of Local Union #138 with paid-up cards are to be employed. Employers desiring extra or additional help shall first apply to Local 138 for the same. If such are not available the Employer may hire outside helpers. In such event those who are not members of Local #138 must become members within seven (7) days from the date of employment, and if they do not do so, they shall be replaced on the demand of the Union. The preferential hiring of the above provision exceeds the limited union-security provisions permitted under Section 8 (a) (3) of the Acts Also by not according a 30-day grace period of new employees to join the Union, article 5 provides for union security in excess of that permitted by the Act. Accordingly, we find that the current contract between the Employer and the Intervenor does not constitute a bar to this proceeding. 3. 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. 4. The appropriate unit: The Employer is a New York corporation engaged in importing, job- bing, and manufacturing baker's supplies. The Petitioner seeks a unit of all employees including truckdrivers, employed by the Employer at its Bronx, New York, establishment. The Intervenor contends that this unit is inappropriate, and contends that a unit of chauffeurs and helpers which is covered by the collective- bargaining agreement between it and the Employer is appropriate. The Employer takes no position regarding the unit. The Intervenor represents the chauffeurs and helpers, whom the Pe- titioner in its petition refers to as truckdrivers. The Intervenor in practice also bargains for 2 of the 6 inside men although they are not included in the contract coverage. The inside men process raw mate- IIntervenor, Local 138, affiliated with the International Brotherhood of Teamsters, AFL, intervened on the basis of its contract with the Employer. 2 Seaboard Terminal and Refrigeration Company, 109 NLRB 1094; Specialty Wood- craft, Inc , 107 NLRB 1066. 628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rials into baker's supplies. They also do cleaning, packing, and to- gether with the truckdrivers load the trucks. On occasion an inside man may drive a truck. All of the employees have the same supervisor. We find that the truckdrivers and helpers may be represented sepa- rately, or in an overall unit of all employees. Therefore, we shall direct self-determination elections among the following voting groups of employees at the Employer's establishment at Bronx, New York: (1) All production and maintenance employees, excluding the truckdrivers and helpers, office clerical employees, and all supervisors as defined in the Act. (2) All truckdrivers and helpers, excluding all other employees, office clerical employees, and all supervisors as defined in the Act. If a majority of the employees in voting group (2) vote for the Intervenor, they will be taken to have indicated their desire to con- stitute a separate bargaining unit, and if a majority in voting group (1) vote for the Petitioner, the Regional Director is instructed to issue certifications of representatives to such labor organizations for such units, which the Board under such circumstances finds to be appropriate for purposes of collective bargaining. On the other hand, if a majority of the employees in the voting group (2) vote for the Petitioner, that group will appropriately be included in the produc- tion and maintenance unit, and their votes shall be pooled with those in voting group (1).3 If a majority of employees in the pooled group select the Petitioner, the Regional Director is instructed to issue a certification of representatives to such labor organization for such unit, which under such circumstances the Board finds to be appro- priate for purposes of collective bargaining. [Text of Direction of Elections omitted from publication.] 3 If the votes are pooled, they are to be tallied in the following manner : The votes for the Intervenor shall be counted as valid votes, but neither for nor against the Petitioner; all other votes are to accord their face value, whether for representation by the Petitioner or for no union. MID-SOUTH PACKERS , INC. and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF NORTH AMERICA, AFL, AND INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION 591, AFL, JOINT PETITIONERS. Case No. 32-RC-763. October 28,1954 Supplemental Decision, Order, and Second Direction of Election Pursuant to a Decision and Direction of Election issued herein on July 29, 1954,1 an election by secret ballot was conducted on August i Not reported in printed volumes of Board Decisions and Orders. 110 NLRB No. 90.