Taunton Supply Corp.

TAUNTON SUPPLY CORP. 221 'Taunton Supply Corp. and Pierce Hardware d/b/a Taunton Supply Corp. and Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO, Local #2, Petitioner. Case No. 1-RC-6773. May 23, 1962 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 Arnold M. Marrow, 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 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 sale of hardware and sporting goods at its two stores in Taunton, Massachusetts. Its sales transac- tions are both wholesale and retail. The record shows that the total staff for the 2 stores is 44, 3 of whom are outside salesmen. The Peti- tioner seeks an all-employee unit including truckdrivers, but excluding office clerical employees, outside salesmen, assistant managers, and supervisors. The Employer urges an all-employee unit. The parties concede the appropriateness of a unit covering employees at both stores, and the inclusion of truckdrivers, as to whom there was no testimony. O fflce clerical employees : There are six clerical employees at one store and four at the other. Their work includes computing discounts, keeping books, preparing the payroll, making out bills, and handling correspondence. None does secretarial work. Some give quotations over the telephone but they do not wait on customers. Their working areas are close to the selling areas, one being separated by a counter and the other by a flight of four or five steps. They have considerable contact with the sales clerks. The Petitioner contends that these clerical employees are office cleri- cals and should be excluded under Interstate Supply Company, 117 NLRB 1062, where the Board held it would not include office clerical employees in the same unit with shipping, receiving, and warehouse employees at a typical wholesale operation if any party objected and to their inclusion. We find no merit in this contention inasmuch as the record shows that the business as conducted here is essentially retail in 137 NLRB No. 22. 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD character, being fundamentally an over-the-counter operation, and that these office clerical employees work in adjoining areas and have a close community of interest with the sales personnel who are re- quested by the Petitioner.' Accordingly, we shall include these office clerical employees in the unit.' Outside salesmen: The Petitioner would also exclude the three out- side salesmen who spend the greater portion of their time away from the stores servicing outside accounts. They report at the stores in the morning and are on the floor selling on Friday evenings and Satur- day mornings. Consistent. with our usual rule concerning outside salesmen, we find that these employees lack sufficient community of interest with the employees in the unit to include them.' Accordingly, we exclude them from the unit 4 David Lipinsk, : The Petitioner would also exclude this employee because he is the brother of Jack Lipinsky, principal owner of the Employer, is paid at a higher rate than other employees for undis- closed duties, and lacks a community of interest with them. As the record shows that he enjoys special status by reason of his relationship to the proprietor, we shall exclude him from the unit. Supervisors : The Employer contends that Jack Lipinsky, who spends 1 or 2 days a week "between" the stores, is the sole supervisor of all employees. It emphasizes the fact that there is a direct tele- phone line between the stores and Lipinsky's office at another location so that he is readily available for instructions. However, it appears from the record that the "managers" at each store, both of whom testi- fied, have the responsibility of seeing that the employees do their jobs and that the stores function properly. In the circumstances we find that these managers responsibly direct the work of the store employees, and are therefore supervisors within the meaning of the Act. We exclude them from the unit. The record also contains testimony con- cerning Aurora, an "assistant manager" at one of the stores, but is insufficient to determine his supervisory status. Accordingly we shall permit him to vote subject to challenge. Part-time employees : There is a schoolgirl who has done clerical work on Friday afternoons and Saturdays for a year or two, and Bob Faria, a student who has worked for 5 or 6 years during summer vaca- tions and on Friday nights and Saturdays. We find that these two employees are regular part-time employees and shall include them in the unit. In addition there is a retired employee who has been working only sufficient hours to earn the $1,200 permitted while drawing social 1 Member Brown would include these employees in the unit regardless of their occupa- tional title because of their community of interest with the other employees 2 See J. J. Moreau & Son, Inc, 107 NLRB 999, 1001 ; compare Long-Lewis Hardware Company, 134 NLRB 1554. 3 Member Rodgers would include the outside salesmen in the unit. 4 See Dependable Parts, Inc., 112 NLRB 581, 583. ALLEN, LANE & SCOTT, ETC. 223 security benefits, but who, according to the Employer, may forgo his social security benefits and accept full-time employment. If at the time of the election he is still working on the basis of earning no more than the maximum permitted in connection with his social security benefits, he shall be considered as excluded from the unit.' If he is working regularly, either full or part time and without regard to the above maximum, he shall be included. We find that a unit of the following employees is appropriate for purposes of collective bargaining within the meaning of Section 9(b) of the Act : All employees of the Employer at its two hardware stores on Main Street, Taunton, Massachusetts, including office clerical employees, truckdrivers, and regular part-time employees, but excluding outside salesmen, retired employees working only the maximum permitted under social security, managers, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] CHAIRMAN MCCULLOCH took no part in the consideration of the above Decision and Direction of Election. 5 See Hoosier Desk Company, 65 NLRB 785, 787. Allen, Lane & Scott ; Casey & Andrews ; Cuneo Eastern Press, Inc.; Edward Stern & Co., Inc. and Lithographic Service Com- pany, Inc.; 1 Edward Stern & Co., Inc. and Local 14, Amalga- mated Lithographers of America , AFL-CIO, Petitioner. Cases Nos. 4-RC-41522 and 4-RC-4&3. May °23, 1962 DECISION AND DIRECTION OF ELECTIONS Upon the petitions duly filed under Section 9(c) of the National Labor Relations Act, a consolidated hearing was held before Chester S. Montgomery, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On April 5,1962, the Board heard oral argument. Upon the entire record in these cases, the briefs of the parties, and the oral argument, the Board finds : 1. The Employers are engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees of the Employers.' 1 The Employer's name appears as amended at the hearing. 2 International Printing Pressmen and Assistants Union of North America, AFL-CIO, and Its Locals 4 and 11 , International Photo Engravers Union, AFL-CIO, Local 7, and 137 NLRB No. 33.