Pacific Motor Trucking Co.

950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Bill McDavid Oldsmobile, Inc., Al Parker Buick Co., Rosenstock Motors, and Snelling Motor Company; in Case No. 23-RC-1671 (Wendell Hawkins Motors, Inc.) ; and in Case No. 23-RC-1692, con- solidated with the Employer petitions on file with respect to Archer Motors (Case No. 23-RM-95), Burkett Motors, Inc. (Case No. 23- RM-96), Sam Montgomery Oldsmobile Company (Case No. 23-RM- 93), and Sam White Oldsmobile Company (Case No. 23-RM-97). Accordingly, we find separate appropriate units for the purposes of collective bargaining within the meaning of Section 9(b) of the Act consisting of the following employees at the places of business in Houston, Texas, of each of the Employers, Archer Motors, Aubrey, Orval & Mac Rambler, Inc., Burkett Motors, Inc., Chuck Davis Chev- rolet, Inc., Frank Gillman Pontiac Company, Sam Montgomery Olds- mobile Company, Jack Roach Bissonnet, Inc., Sam White Oldsmobile Company, DeMontrond Buick Company, Jimmie Green Chevrolet, Ivy-Russell Motor Company, Bill McDavid Oldsmobile, Inc., Al Parker Buick Co., Rosenstock Motors, Snelling Motor Company, Thad Felton Motor Company, and Wendell Hawkins Motors, Inc.; and all new and used retail automobile and truck salesmen, excluding all other employees, guards, watchmen, professional employees, and supervisors as defined in the Act. [The Board dismissed the petitions in Cases Nos. 23-RC-1664, 23-RM-91, 23-RM-104, 23-RM-100, 23-RM-101, 23-RM-102, 23- RM-103, and 23-RC-1692 with respect to Courtesy Chevrolet, Inc., Gene Mohr Chevrolet Co., Bud Moore Chevrolet Co., Ray Pearson, Inc., Luke Johnson Ford Co., Aubrey, Orval & Mae Rambler, Inc., Chuck Davis Chevrolet, Inc., Jack Roach Bissonnet, Inc., Mike Per- sia Chevrolet Corp., and A. C. Burton Company, Inc.] [Text of Direction of Elections omitted from publication.] Pacific Motor Trucking Company and International Brother- hood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, and its Locals Nos. 57, 87, 104, 137, 150, 186, 223, 235, 310, 357, 381, 386, 439, 431, 467, 533, 624, 689, 692, 890, 911, 941, 962, 980, and 856, Petitioner. Case No. 20-RC-4462. August 11, 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 M. C. Dempster, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 132 NLRB No. 83. PACIFIC MOTOR TRUCKING COMPANY 951 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 McCulloch and Members Rodgers and Fanning]. Upon the entire record in the case, 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 employees of the Employer.' 3. The Intervenor moved to dismiss the petition on the grounds that (1) its current contract with the Employer is a bar, and (2) the employees involved are exempt from the application of the National Labor Relations Act because the Employer is subject to the Railway Labor Act. With respect to (1), the contract was initially entered into in 1944 and is terminable by either party at any time. In 1959, the contract by its terms was reopened by the parties and has continued to remain so. In view of the foregoing, we find that the contract cannot con- stitute a bar .2 With respect to (2), the record shows that the Em- ployer is a wholly owned subsidiary of the Southern Pacific Company, a railroad carrier, but is separately incorporated and has its own offi- cers and directors. Only 1 percent of its gross revenues is derived from performing pickup and delivery services for Southern Pacific Com- pany. The balance of its revenues is derived from the intercity deliv- ery of freight, which activity is unrelated to the business of Southern Pacific Company. In view of the foregoing, and for the reasons set forth in Northern Pacific Transport Company,' we find that the Employer's operations are exempted from the coverage of the Railway Labor Act and fall within the purview of the National Labor Rela- tions Act. Accordingly, we find that a question affecting commerce exists con- cerning the representation of certain employees of the Employer within Section 9 (c) (1) and Section 2 (6) and (7) of the Act. The Employer's motions to dismiss are therefore denied. 4. The appropriate unit: The Petitioner seeks a systemwide unit of all office clerical and plant clerical employees employed by the Employer, including dis- patchers, but excluding all other employees, the parts technician at the Employer's Oakland, California, shop, the four stock and parts em- 1 The Intervenor, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, intervened on the basis of its contractual interest. International Association of Machinists, AFL-CIO, Automotive Lodge 1546, intervened solely to protect its representative claim to a parts technician covered by a contract be- tween this Tabor organization and an association of employers, to which the Employer is a signatory . When the parties stipulated that this employee had been covered by this contract for many years and should be excluded from any unit found appropriate herein, Lodge 1546 withdrew from the proceeding See Pacific Coast Association of Pulp and Paper Manufacturers , 121 NLRB 990, 993. 8'89 NLRB 1561. See also Glacier Park Company, 126 NLRB 889. 952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees at the Employer's Los Angeles, California, shop, technical, confidential, and professional employees, guards, and supervisors as defined in the Act 4 The Employer and the Intervenor agree with the Petitioner's basic unit description. However, the Employer would exclude the following classifications as supervisors within the meaning of the Act : The supervisor of stores and the assistant supervisor of stores at the Employer's Los Angeles shop; chief dispatchers, dis- patchers, truck dispatchers, and assistant truck dispatchers; foremen and assistant foremen; dock foremen and assistant dock foremen; the general accountant; the chief accountant; the machine accounting supervisor; the accountant-terminal accounting; the assistant machine accounting supervisor ; the chief file clerk; chief clerks; and office managers. The Employer would also exclude the head statistician and the statisticians on the ground that they are technical or mana- gerial employees. The Intervenor would include the foregoing classi- fications on the grounds that they are neither supervisors within the meaning of the Act, nor managerial technical employees as defined by the Board, and that they have been included in the contract unit for some 'years. - The supervisor of stores directs the work of four stock and parts employees at the Los Angeles shop. He is assisted by the assistant supervisor of stores. The supervisor of stores possesses and exercises the authority to discipline the stock and parts employees when he deems it advisable. In his absence, which occurs approximately 2 days per week, the assistant supervisor of stores possesses and exer- cises the same authority. The Employer employs chief dispatchers, dispatchers, truck dis- patchers, and assistant truck dispatchers. Chief dispatchers are em- ployed at the larger terminals where they are responsible for pickup and delivery operations and the work of dock employees under them. They effectively recommend the discipline and discharge of these employees. Dispatchers receive pickup requests from shippers, route freight for delivery, and direct the drivers in loading operations and in performing pickup duties. They effectively recommend the disci- pline and discharge of drivers. Truck dispatchers and assistant truck dispatchers normally direct the work of from 20 to 30 drivers. They effectively recommend the discipline and discharge of the 'drivers under them. Foremen and/or dock foremen and their assistants are responsible for the dock and yard operations at the Employer's various terminals and report to the terminal manager. They direct the work of drivers * The parties stipulated and we find that the following individuals are confidential em- ployees and we exclude them from the unit, The secretary to the president and general manager ; the secretary to the vice president-controller ; the secretary to the internal auditor ; and the secretary to the district manager in Los Angeles in charge of the southern district The parties further stipulated and we find that the three watchmen at the Los Angeles terminal are guards and we shall exclude them. PACIFIC MOTOR TRUCKING COMPANY 953 and loaders and effectively recommend to the terminal manager the discipline and discharge of the employees under them. The general accountant, the chief accountant, the machine account- ing supervisor, the accountant-terminal accounting, and the assistant machine accounting supervisor direct the work of approximately seven employees in their respective departments. They exercise the au- thority to determine which applicants will be hired in their depart- ments to fill vacancies, and they effectively recommend the discharge of employees under them. The chief file clerk is employed in the general office in San Francisco where he directs the work of an assistant chief file clerk and two file clerks. He can effectively recommend the discharge and discipline of these employees. The office managers work at the Employer's large terminals in Los Angeles and Portland,'Oregon,rwhere they are re- sponsible for the work of other clerical employees in their terminals. They assign overtime to the clerical employees, and effectively recom- mend the discharge and discipline of these employees. The chief clerks are employed at the Employer's smaller terminals and exercise the same authority over the clericals whom they direct as do the office managers. In view of the foregoing and the record as a whole, we find that the foregoing disputed categories are supervisors within the meaning of the Act and we shall exclude them from the unit. Contrary to the Intervenor's contention, the fact that these individuals might have been included in the contract unit does not preclude the Board from excluding them as supervisors in this proceeding. The Employer employs a chief statistician and statisticians. Their duties involve the development of cost data for present and proposed operations which is based upon information supplied by other depart- ments. They prorate the basis for distributing expenses according to States, routes, and terminals; maintain records and files regarding the basis of charges for services performed by the Employer; and compute and analyze cost data regarding services performed for rail lines. These individuals are not required to have a college degree although some possess a degree. Formal training in statistical methods is not demanded ; experience in the trucking industry will suffice. The record discloses that most of the statisticians have been transferred from other positions in the clerical unit. Thus, one was formerly a chief clerk, another was a dispatcher, and still another was formerly a ter- minal manager. In view of the foregoing and the entire record, we find that the chief statistician and statisticians are neither technical nor managerial employees and we include them in the unit. Accordingly, we find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: 954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All office clerical and plant clerical employees, including the head statistician and. statisticians, but excluding all other employees, the parts technician at the Oakland, California, shop, the stock and parts, employees at the Los Angeles, California, shop, professional em- ployees, confidential employees, guards, the supervisor of stores and the assistant supervisor of stores at the Los Angeles shop, chief dis- patchers, dispatchers, truck dispatchers, and assistant truck dispatch- ers, foremen and assistant foremen, dock foremen and assistant dock foremen, the general accountant, the chief accountant, the machine accounting supervisor, the accountant-terminal accounting, the assist- ant machine accounting supervisor, the chief file clerk, chief clerks, office managers, and all other supervisors as defined in the Act. [Text of Direction of Election 5 omitted from publication.] 5 The Intervenor urges that certain employees who are not now and for some time have not been in the unit be eligible to vote on the ground that they have replacement and/or bidding rights under certain circumstances to classifications within the unit The Peti- tioner opposes the eligibility of these employees. As the ground advanced by the Inter- venor is insufficient to warrant a change in our usual eligibility rules in this case, we find that these employees are ineligible to vote. Pioneer Holding Company, d/b/a Blue & White Cab Co. and Local 958, International Brotherhood of Teamsters , Chauf- feurs, Warehousemen & Helpers of America, Petitioner. Case No. 18-1?C-4631. August 11, 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 Hjalmar Storlie, 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 McCulloch and Members Leedom and Brown]. ' 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 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. 'Local 12, Office Employees International Union , AFL-CIO, was permitted to intervene on the basis of its contractual interest. 132 NLRB No. 77.