Labatt Wholesale Grocery Co.

228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of a contrary bargaining history or a request by a labor organization for a more comprehensive unit, the Board has recognized the appro- priateness of a separate meat department unit in stores of this kind.' Accordingly, we find a separate meat department unit appropriate in this case. In view of the foregoing, we find that all full-time and regular part-time 6 meat department employees in the Employer's stores in Sarasota and Bradenton, Florida, excluding all other employees, meat department managers, office clerical employees, guards, and super- visors as defined in the Act, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9(b) of the Act. [Text of Direction of Election omitted from publication.] 5 The Great Atlantic & Pacific Tea Company, Inc., 12'8 NLRB 342. ° The Petitioner seeks to include all regular part-time employees , while the Employer would include only those working 20 hours or more a week. In accord with standard Board policy, we shall include all regular part-time employees . Winn-Dixie Stores, Inc., et at., 124 NLRB 908, 911. Labatt Wholesale Grocery Company 1 and General Drivers & Helpers Local No. 657, affiliated with International Brother- hood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Petitioner. Case No. 23-RC-1614. February 11F, 1961 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 C. L. Stephens, 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 this case to a three-member panel [Chairman Leedom and Members Fanning and Kimball]. 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 Employer is engaged in the selling and distribution at whole- sale of dry groceries, frozen foods, and related items from its ware- I The Employer 's name appears as amended at the hearing. 130 NLRB No. 26. LABATT WHOLESALE GROCERY COMPANY 229 house and administrative headquarters at San Antonio, Texas. The Petitioner originally sought a unit of all warehousemen and truck- drivers and helpers, excluding office and clerical employees, mechanics, janitors, and maintenance employees. The Employer contends that the unit sought is too narrow in that it should include plant and office clerical employees. As the petition did not include these categories, the Employer moves to dismiss. As the Petitioner indicated its will- ingness to include plant clericals at the hearing and as the unit sought, including plant clericals and excluding office clericals, is one which we have found appropriate in the past, we deny the motion to dismiss 2 The Employer would include and the Petitioner takes no position concerning the order takers, comptometer operators, bookkeeper, cashier, and assistant cashier. These individuals work mainly in an office adjacent to the warehouse and often are required to go into the warehouse as part of their jobs. They are under the same supervision as the warehouse employees and, like them, are hourly paid and receive the same employee benefits. The order takers receive orders by telephone and in person. In the warehouse they assemble the orders thus obtained and often help load the trucks. They also assist in taking the warehouse inventory. The comptometer operators receive outgoing invoices for goods awaiting shipment from the warehouse, record them, perform the mathematical computations, then turn them over to the shipping de- partment in the warehouse. The bookkeeper checks the foregoing invoices to see that signed delivery tickets have been received, posts all credit accounts, and adjusts with customers for shortages, overages, and damages. He maintains the accounts receivable records. The cashier and assistant cashier receive payments from customers and maintain records of shipment and delivery of merchandise. As the order takers, comptometer operators, bookkeeper, cashier, and assistant cashier work under common supervision and conditions of employment with employees in the unit, and have considerable contact with them in the warehouse, we find that they are plant clericals and include them.' The Employer has an administrative office which is on the opposite side of the warehouse entrance from the office of plant clericals and is at some distance from the warehouse itself. It is under separate supervision. In this office are the following categories of employees whom the Employer would include and the Petitioner would exclude. The assistant advertising manager shares joint responsibility with the advertising manager for the Employer's advertising program. 8 J. Segari d Co, 114 NLRB 1159. 2 J Segari & Co., supra. 230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Although he is hourly paid and goes into the warehouse on occasion, his duties appear to be substantially those of an artist working on advertising copy. As his duties and interests are different from those of employees in the unit we shall exclude him. The two secretaries to the partners, one of whom is on an hourly rate, perform the usual office clerical functions, as conceded by the Employer. The hourly rated receptionist-telephone operator appears to perform office clerical functions a majority of her time. We find her to be an office clerical. As the Petitioner objects to the inclusion of these office clericals, we shall follow our usual practice in wholesale establishments and ex- clude the two secretaries and receptionist-telephone operator.4 The Employer would include the credit manager, while the Peti- tioner takes no position on his status. He is located in the same office as the plant clericals but, unlike them, is paid a salary. He instructs the drivers, before shipments are made, whether to collect cash on delivery or to extend credit. As the record is not clear whether he exercises such independent judgment in this matter as would con- stitute him a managerial employee or merely transmits such decisions from his superiors to the drivers we shall permit him to vote subject to challenge. The Petitioner would include the city and country shipping clerks and their assistants while the Employer would exclude them as super- visors. As all of the incumbents in these jobs have been delegated and exercise authority to hire and discharge employees, we find that they are supervisors and shall exclude them. Accordingly, we find that a unit of the following employees at the Employer's San Antonio, Texas, warehouse, is appropriate for the purpose of collective bargaining within the meaning of Section 9(b) of the Act. All employees, including warehousemen, truckdrivers and helpers, and plant clerical employees, but excluding mechanics, janitors, main- tenance employees,' office clerical employees, managerial employees, outside salesmen, guards, and all supervisors as defined in the Act! [Text of Direction of Election omitted from publication.] 4Interstate Supply Company, 117 NLRB 1062, 1064. 5 The Employer agrees to the exclusion of mechanics , janitors , and maintenance em- ployees. As we are administratively advised that the Employer has no such employees and that all janitorial and maintenance services are performed by independent contractors, we shall, in these circumstances , adopt the agreement of the parties and exclude them. 6 The unit found appropriate is larger than that sought by the Petitioner because of our inclusion of plant clerical employees and it is not clear whether the Petitioner has an adequate showing of interest Accordingly, we instruct the Regional Director not to pro- ceed with the election herein directed until he shall have first determined that the Peti- tioner has made an adequate showing of interest among the employees in the appropriate unit who are eligible to vote in the election . Foremost Dairies, Inc , 118 NLRB 1424, 1428, footnote 7.