Wagner-Wood Co.

WAGNER-WOOD COMPANY 569 preceding 12-month period.21 Regular part-time employees are em- ployees who work a minimum of 30 hours but less than the standard 40 hours each week, and who have not as yet qualified as regular em- ployees under the Employer's formula. Full-time extra employees are employees hired to fill a vacancy in the selling force, and who work a full workweek, but who have not as yet worked 24 weeks or 720 hours. Part-time extra employees are employees who work 8 to 20 hours per week for approximately 8 months in the year, but who never accumu- late 720 hours of employment within a 12-month period.29 These em- ployees do the same work as "regular" employees. Accordingly, as these employees are either full-time employees or regular part-time employees, we shall follow our customary procedure and include them in the units found appropriate under paragraph 4, supra, and shall permit them to vote in the elections hereinafter directed.30 [The Board dismissed the petition in Case No. 1-RC-3813.] [Text of Direction of Elections omitted from publication.] MEMBER LEEDoM took no part in the consideration of the above Decision, Order, and Direction of Elections. 23 The Employer does not classify an employee as a regular employee until he has met these standards. The Employer contends that although some of these employees may be within the appro- priate unit , they should be precluded from voting However, as the present policy of the Board is to grant all employees included in the appropriate unit the privilege of voting in the election, we shall consider these employees on the basis of whether or not they should be included in the appropriate units. 21 In the Fenway Store, most part-time extra employees work on Saturdays and week- day evenings, and are employed in both the selling divisions and the nonselling departments. The record does not indicate in what capacity any of these disputed employees work at Brookline , Somerville , or Allston. 30 Sears Roebuck & Company, 106 NLRB 242. In Case No. 1-RC-3814, the parties stipulate that full-time and part-time extra employees employed only during such peak seasons as Christmas and Easter be excluded from the appropriate unit at the Fenway Store Wagner-Wood Company and Miami Valley Carpenters District Council, United Brotherhood of Carpenters and Joiners of America, AFL and General Truck Drivers, Chauffeurs, Ware- housemen and Helpers of America, Local 957, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, Petitioners. Cases Nos. 9-RC-2415 and 9-RC-2416. April 09, 1955 DECISION AND DIRECTION OF ELECTION Upon separate petitions duly filed, under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Joe F. Odle, Jr., hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 112 NLRB No. 75. 570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent contain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Employer is engaged in the manufacture of kitchen cabinets and equipment and the sale of lumber. Its plant in Dayton, Ohio, consists of a shop building, warehouse, lumberyard, and lumbersheds. The Petitioners in these cases, Miami Valley Carpenters District Council, United Brotherhood of Carpenters and Joiners of America, AFL and General Truck Drivers, Chauffeurs, Warehousemen and Helpers of America, Local 957, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, AFL, seek to represent separate units of shop employees and yard employees, respectively. The Employer contends that, in view of the small size of its operations and the integration of its departments, only a single unit of these employees is appropriate. There is no history of col- lective bargaining.' The record reveals that the shop and yard operations are closely interrelated and that there is a frequent and regular interchange of employees. Yardmen spend a substantial amount of time in the shop cutting lumber and assembling such items as doors and window frames. Some of the shopmen load and drive. One employee's time is evenly divided between shop and yard work. All the employees in question are paid on an hourly basis, work substantially the same shift, and receive the same benefits. In these circumstances, we find that the following employees of the Employer constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9 (b) of the Act: All production employees, truckdrivers and their helpers, loaders, checkers, and warehousemen at the Employer's Dayton, Ohio, plant, excluding salesmen, office clerical and professional employees, guards, and supervisors 2 as defined in the Act. [Text of Direction of Election omitted from publication.] MEMBER LEEDOM took no part in the consideration of the above Decision and Direction of Election. 1 Pursuant to a Board-ordered Decision and Direction of Election, in Wagner-Wood Com- pany, 9-RC-659 (not reported in printed volumes of Board Decisions and Orders), an election was held in a unit of "All truckdrivers , yard employees , and cabinetmakers " There were the customary exclusions . On March 7 , 1950, the Board certified that the petitioning union failed to receive a majority of votes cast. 2 The parties agree that group leaders, Elliot and Smart, should be included in the unit. Neither possesses any of the indicia of supervisory authority which would proscribe his inclusion.