O. E. McIntyre, Inc.

0. E. McINTYRE, INC. 733 All regular full-time and regular part-time employees, excluding casual employees, guards, and supervisors' as defined in the Act. [The Board dismissed the petition insofar as it relates to Klimat Master Aluminum Products Co., Inc.] [Text of Direction of Elections omitted from publication.] 4 The Petitioner would exclude as a supervisor , and the Employer would include, Jerry Bowling. As the record shows that this individual staples , prices, and sells merchandise but has no authority to hire, discharge , or otherwise affect the status of others, we shall include him . Apart from the status of Bowling , the record shows no dispute as to the categories of employees to be included in the unit. O. E. McIntyre, Inc. and Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent and Local 1922 , International Brother- hood of Electrical Workers, AFL-CIO, Petitioners. Cases Nos. 2-RC-10399 and 2-RC-10403. May 13, 1960 DECISION, ORDER, AND DIRECTION OF ELECTION Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Joan Zweifel, 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 these cases to a three- member panel [Chairman Leedom and Members Rodgers and Fanning]. Upon the entire record in these cases, 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 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 in Case No. 2-RC-10399, Local 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent, hereinafter called the Teamsters, primarily seeks a unit of truckdrivers, tractor-trailer drivers, forklift operators, and stock handlers III at the Employer's plant and warehouses at Westbury and Farmingdale, New York. In the alternative, the Team- sters seek a unit of drivers and forklift operators, either (1) excluding all stock handlers, or (2) including only stock handlers in the shipping and receiving department. The Petitioner in Case No. 2-RC-10403, 127 NLRB No. 101. 734 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD Local 1922, International Brotherhood of Electrical Workers, AFL- CIO, hereinafter called the Electrical Workers, primarily seeks a unit of maintenance leadmen and maintenance mechanics A and B, or, in the alternative, a unit including, in addition to the above categories, utility men and porters. The Employer primarily contends that only an overall unit is appropriate for its employees, and moves to dismiss the petitions on the ground, in substance, that none of the units re- quested therein is appropriate for bargaining purposes.' The Employer is currently engaged with some 1,350 employees at its Westbury plant and its Farmingdale warehouses, located about 14 miles away, in a direct mail advertising business, supplying list selection and mailing services to its clients. The Employer divides its production operations, under the overall supervision of its vice presi- dent for production, into six groups with numerous sections. These groups are: list and mailing divisions, and scheduling and job instruc- tions, personnel, systems, and engineering and maintenance depart- ments. Employees in the list division prepare and maintain the Em- ployer's mailing lists and print names and addresses on tape. Those in the mailing division receive and store material sent to the Employer by printers, do warehousing and transportation work, and assemble and dispatch pieces of mail. Employees in the scheduling and job instructions and personnel departments perform the usual duties of their classifications. Employees in the systems department seek to improve the Employer's IBM punchcard system, make reports for the Employer and its customers, and do scheduling work. Employees iii the engineering and maintenance department maintain the Em- ployer's plant and equipment. All these employees work primarily at the Westbury plant, except certain employees in the mailing division and in the engineering and maintenance department, who work both dt the plant and at the Farmingdale warehouse. All the Employer's employees have similar benefits. There is some interchange among the employees in similar job classifications. There is no history of collective bargaining at any of the Employer's establishments. In support of its contention that only a single overall unit is appro- priate, the Employer relies on 0. E. McIntyre, Inc., 118 NLRB 1290, Involving this same direct mail advertising business. In that case, the requested unit included all production and maintenance employees and machine mechanics at the Employer's Westbury plant.' The Employer contended that only a plantwide unit was appropriate, and the Board sustained this contention. However, in that case the only issue was whether to include the Employer's office clericals in the otherwise plantwide unit sought by the petitioner therein. There 'For reasons set forth below, this motion is denied with respect to the Teamsters' petition, and is granted with respect to the Electrical Workers' petition 21t is not clear whether the Employer operated any warehouses at Farmingdale at that time. 0. E. McINTYRE, INC. 735 was no issue there, as here, of establishing separate units on a craft or departmental basis. We therefore reject the Employer's contention that the cited case is precedent for finding that only a plantwide unit is appropriate. The Teamsters' Unit Requests (Case No. 2-RC-10399) As stated, the Teamsters requests a unit of truckdrivers, tractor- trailer drivers, forklift operators, and stock handlers III (a classifica- tion which seems to have superseded "warehousemen"), or, alterna- tively, a unit of d "rivers and forklift operators, either (1) excluding all stock handlers or (2) including only stock handlers in the shipping and receiving department. The Employer's truckdrivers and tractor-trailer drivers work in the shipping and receiving department of the mailing division. They transport material between the Westbury plant and Farmingdale warehouses, make trips to local post offices and customers' facilities, help load and unload and do maintenance work on their trucks. They sometimes work as forklift operators or stock handlers, but only on an overtime and voluntary basis. Forklift operators assigned to the shipping and receiving department help load and unload the Em- ployer's trucks, and move material at the plant and at the warehouses. There are also forklift operators assigned to the mail dispatch section of the mailing division who work at one of the warehouses. It appears that they assist in the dispatch of mail. Stock handlers assigned to the shipping and receiving department move and store material at the warehouses. There are also stock handlers assigned to the ship- ping and receiving department who move material from the receiving dock in the plant to a temporary storage area therein, and stock handlers assigned to production departments who move material from the storage area to production areas and, on occasion, from the receiv- ing dock to such areas. In moving materials, the foregoing employees use both manually powered and electrically powered equipment. In addition, there are IBM clerks in the list division and at least one receiving clerk in the shipping and receiving department, none of whom is sought by the Teamsters, although they also move materials at the plant and in so doing use equipment similar to that used by forklift operators and stock handlers. On the instant record, we are unable to find that the employees in any of the units sought by the Teamsters constitute a homogeneous grouping of the type which the Board has found appropriate for bargaining purposes.' We therefore reject the Teamsters' unit re- quests. However, truck-drivers and tractor-trailer drivers do consti- 3 Lsly Tulip Cup Corporation, 124 NLRB 982. Seaboard Warehouse Terminals, Inc., 123 NLRB 378, relied on by the Teamsters, is clearly distinguishable in that the unit sought was essentially an overall unit at a warehouse. 736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tute a clearly identifiable and homogeneous group of employees such as the Board has found to constitute an appropriate unit' We there- fore find appropriate for the purposes of collective bargaining a unit of all truckdrivers and tractor-trailer drivers at the Employer's plant and warehouses at Westbury and Farmingdale, New York, excluding all other employees and all supervisors as defined in the Act. The Electrical Workers' Unit Requests (Case No. 2-RC-1043) As already stated, the Electrical Workers primarily seeks a unit of maintenance leadmen and maintenance mechanics A and B, or, alter- natively, a unit including, in addition to-the above categories, utility men and porters. The Employer's maintenance leadmen and mainte- nance mechanics work in the machine and building maintenance sections of the engineering and maintenance department and in pro, duction departments. They are skilled in and do various kinds of maintenance work, such as carpentry, plumbing and heating, and elec- trical, machine, and automotive maintenance. Utility men, porters, and other employees, including secretaries, a matron, a draftsman, and a clerk-typist, also work in the engineering and maintenance department. As it does not appear that the employees in either of the units requested by the Electrical Workers constitute a homogene- ous craft group or a separate department of the Employer's opera- tions such as the Board finds appropriate for bargaining purposes and as no other basis appears on which to find either of these units appropriate, we find that they are both inappropriate and shall there- fore dismiss the Electrical Workers' petition. [The Board dismissed the petition filed by Local 1922, Interna- tional Brotherhood of Electrical Workers, AFL-CIO, in Case No. 2-RC-10403.] [Text of Direction of Election omitted from publication.] 4 Maas Brothers, Inc., 119 NLRB 568, 572; National Fireworks Ordnance Corporation, 104 NLRB 792, 796. 'Sunshine Biscuits, Inc., 94 NLRB 770. Arlington Hotel Company, Inc. and Chauffeurs, Teamsters & Helpers Local No. 878, International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America. Case No. 26-CA-778. May 16, 1960 DECISION AND ORDER On January 19, 1960, Trial Examiner Arthur Leff issued his Inter- mediate Report in the above-entitled proceeding, finding that the Respondent had engaged in and was engaging in certain unfair labor 127 NLRB No. 94.