Dohrmann Commercial Co.

DOHRMANN COMMERCIAL COMPANY, ETC. 205 -partment employees, inspectresses, maids, linenroom clerks, seam- stress, hallboys and lobby porter in the housekeeping department, bellmen, elevator operators, room clerks, the night auditor and the cashiers in the front office, the secretary to the sales manager, the general cashier, the auditor and the clerks in the auditing department, the PBX operators, part-time waiters and waitresses in the banquet department, waitresses, busboys, busgirls, and cashiers in the bar de- partment, and the barbers and shoeshine boy in the barbershop, but excluding soda dispensers in the drugstore, the confidential secretary to the manager, the assistant manager, the superintendent of service, -chief engineer, the laundry clerk, the housekeeper, the chief steward, the chef, the banquet captain, the hostess, so-called timekeeper, watch- men, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] Dohrmann Commercial Company 1 and Dohrmann Hotel Sup- ply C0.2 and Freight Checkers, Clerical Employees and Help- ers Union, Local 856, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Petitioner. Case No. 20-RC-4039. April 13, 1960 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 A. Cassady, 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 3 finds : 1. The Companies took no position on jurisdiction. The record ,shows that Commercial owns and operates a number of retail stores in California and Arizona; its total annual sales exceed $500,000. Hotel Supply, a wholly owned subsidiary of Commercial, wholesales items to hotels, hospitals, and other institutions through 11 States; its annual out-of-State sales exceed $50,000. The Board finds that the Companies are engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction herein.' ' Hereinafter called Commercial. 'Hereinafter called Hotel Supply. Hotel Supply's name appears as amended at the hearing. ' 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 [Chairman Leedom and Members Bean and Fanning]. 4 Carolina Supplies and Cement Co., 122 NLRB 88; Siemons Mailing Service, 122 NLRB 81. 127 NLRB No. 27. 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The Petitioner claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the represen- tation 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 Petitioner seeks to represent the office clerical employees of Commercial and Hotel Supply in a single unit ; in the alternative, it will accept separate units. The Employer contends that only separate units are appropriate, and has moved to dismiss the petition on the ground that the unit sought is inappropriate. Commercial and Hotel Supply operate separate but related selling organizations in the retail and wholesale field. The central offices of both companies, the establishments involved herein, occupy two con- tiguous buildings. Both Companies have substantially the same di- rectors and officers, including a common officer in charge of labor relations. The two Companies have similar office job classifications, wage rates, and employee benefits . Although there is little inter- change of employees and the employees of each Company are sep- arately supervised, employees of Commercial perform some work for Hotel Supply. In view of the corporate relationship of the two Companies, their geographical proximity, the similarity of their operations, and their functional integration, particularly with respect to labor relations, we find that Commercial and Hotel Supply constitute a single em- ployer for the purposes of collective bargaining.' Accordingly, we find that a single unit , including the office clerical employees of both Companies, is appropriate. The parties are in agreement as to the composition of the unit, except for the following employees whom the Employer would exclude and the Petitioner would include : G. Peters, the assistant traffic manager , performs the usual functions of a secretary. She also checks rate information and occasionally routes shipments and handles transportation for personnel . She does not exercise supervisory authority except during the occasional ab- sences of her supervisor, the traffic manager. We find that Peters is neither a supervisor nor a managerial employee , and include her.' M. Zydonis receives all reimbursement claims and distributes work to the two 'girls who work with her in the preparation of accounts payable. As she only routinely directs the work of these two em- ployees, we find that she is not a supervisor . Accordingly, we shall include her. M. Keith is the chief clerk in the credit and accounting office. She directs the work of 20 employees and has the authority effectively to 6 See Harvey Radto Laboratories, Inc, 117 NLRB 552, 553. 6 See Compagme Generale Transatiantique (French Lane), 117 NLRB 535, 538. SEAFARERS' INT'L UNION OF NORTH AMERICA, ETC. 207 recommend hiring and discharge. We find that she is a supervisor and exclude her. K. Morini, L. Cavalli, L. Croft, and D. Salcedo are secretaries to the Employer's vice president-treasurer, the office manager, the store manager and assistant store manager, and the vice president of Hotel Supply, respectively. Although these employees have access to the minutes of directors' meetings or to personnel and other files, there is no evidence that they act in a confidential capacity to any person who formulates, determines, and effectuates the Employer's labor relations policies. We find that they are not confidential employees and shall include them in the unit.' Accordingly, we find that all office clerical employees at the offices of Dohrmann Commercial Company and Dohrmann Hotel Supply Co., at 972 and 984 Mission Street, San Francisco, California, exclud- ing confidential secretaries, salesmen, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.] 'Arden Farms, et al., 117 NLRB 318, 320; The B. F. Goodrich Coma (my, 115 NLRB 722, 724. Seafarers' International Union of North America, Atlantic and Gulf District, Harbor and Inland Waterways Division, AFL- CIO and Superior Derrick Corporation. Case No. 15-CC-71.. April 13, 1960 SUPPLEMENTAL DECISION AND ORDER On November 12, 1958, the Board issued its Decision and Order' herein, finding that the Respondent had violated Section 8 (b) (4) (A) and (B) of the Act. With respect to certain other unfair labor prac- tices alleged in the complaint, the Board dismissed. On January 21, 1960, the United States Court of Appeals for the Fifth Circuit affirmed the Board's finding of a violation but reversed that part of the Board's Decision and Order dismissing certain allegations of the complaint and remanded the case to the Board for action consistent with the court's opinion? In its original decision, a majority of the Board participating therein found that the Respondent's picketing at the Dumaine Street wharf violated Section 8(b) (4) (A) and (B) of the Act. However, with respect to Respondent's picketing at the Gretna Street wharf, a 1122 NLRB 52. 2 Superior Derrick Corporation v. N.L.R.B., 273 F. 2d 891 (C.A. 5). 127 NLRB No. 11.