Maremont Corp.

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Maremont Corporation and Truck Drivers and Helpers Local Union No. 728, affiliated with the International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America, In- dependent, Petitioner. Case I 0-RC 11336 November 13, 1978 DECISION AND CERTIFICATION OF REPRESENTATIVE BY MEMBERS JENKINS, MURPHY. AND TRUESDALE Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held on March 1, 1978. Following the hearing the Regional Director for Region 10 issued a Decision and Direction of Election finding, inter alia, that leadpersons were not, as contended by the Em- ployer, supervisors and directing an election in a bar- gaining unit in which they were included. Thereafter, on March 29, 1978, the Employer filed a request for review of the Regional Director's decision, contesting his finding that leadpersons were not supervisors. On April 11, 1978, the National Labor Relations Board found that the Employer's request for review raised a substantial issue concerning the unit placement of the leadpersons but that this issue could best be re- solved through the challenge procedure. Accord- ingly, it directed that the Decision and Direction of Election be amended to permit the leadpersons to vote challenged ballots. The election was held on April 14, 1978, with 21 votes for and none against the Petitioner; there were 2 challenged ballots. On April 21, 1978, the Employer filed timely ob- jections to the election, alleging that supervisory per- sonnel, namely, leadpersons. prior to the election "acted on behalf of and gave illegal support to the Union" and thereby invalidated the election. The Regional Director issued his supplemental decision on May 16, 1978, in which he found leadpersons were not supervisors. He therefore dismissed the ob- jections and certified the Petitioner. The Employer filed a request for review of the supplemental deci- sion, questioning primarily the finding that leadper- sons were not supervisors. On June 28, 1978, the Board granted the request and stayed the Regional Director's certification of the Petitioner pending De- cision on Review. Thereafter, the Employer filed a brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Employer contends, as noted above, that the leadpersons are, contrary to the Regional Director's finding, statutory supervisors and thus that their ac- tivity in aid of the Petitioner invalidated the election. In support of its contention it relies on evidence pre- sented at the preelection representation hearing. Such evidence does not support the Employer's posi- tion. The leadpersons do not, insofar as the record shows, have authority to hire, discharge, promote, lay off, or recall employees or to effectively recommend such action. They do, however, admonish employees to obey plant rules and to work harder and do direct to some extent the work of employees under them. However, the responsibilities of the leadpersons in these regards are essentially of a routine nature pri- marily reflecting their status as individuals of greater skills and security and thus do not here establish su- pervisory authority.' Finally, like the individuals who are concededly unit employees, the leadpersons are hourly paid, punch a timeclock, and spend most of their time doing routine work predetermined by their supervisors. Accordingly, we find in agreement with the Regional Director that the leadpersons are not supervisors under the Act 2 and that the Employer's objections are therefore without merit. Consequently, we shall overrule the objections and reinstate in full force and effect the certification of the Petitioner is- sued by the Regional Director in this proceeding. ORDER It is ordered that the Employer's objections to the election held on April 14, 1978, be, and they hereby are, overruled. 11 IS FIUR I tER ORI).ERtE) that the stay of the certifi- cation of the Petitioner as the bargaining representa- tive of employees in the appropriate unit is hereby withdrawn and that such certification be, and it hereby is, in full force and effect. i [he faIc that the leadpersln on the night shift can, in limited instances when no acknow ledged supervisor is available. permit an employee toI leave work earls seems to be an essentially routine matter. not establishing super- vlsors authoriN. ' See / ndl.. IIumher ( irean inil {f( 'lumhus, 179 NLRB 75 (1969); West I 'lrgiIltl Pulp and Pap.er ( irnpant, 122 Nl RB 738 (1958) 240