San Diego Transit Corp.

428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD San Diego Transit Corporation and San Diego Bus Drivers Union , Local Division 1309-Amalgamated Transit Union, AFL-CIO, Petitioner San Diego Transit Corporation, Petitioner and San Diego Bus Drivers Union , Local Division 1309-Amalgamated Transit Union , AFL-CIO Cases 21-RC-11616, 21-RC-11617 and2l-RM-1440 May 14, 1970 DECISION, ORDER , AND DIRECTION OF ELECTION BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND JENKINS Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Carl Abrams There after, the Employer and the Union filed briefs The National Labor Relations Boa'rd' has considered the Hearing Officer's rulings made at the hearing and finds that no prejudicial error was committed The rulings are hereby affirmed Upon the entire record in this case, including the briefs filed by the parties the Board finds I In 1966, the City of San Diego organized the Employer, San Diego Transit Corporation, as a nonprofit, nonstock, tax-exempt corporation in order to acquire the San Diego Transit Corporation, a private company engaged in providing transportation in the metropolitan area of San Diego The San Diego City Council appointed five private citizens, known as directors, to run the Employer There is no interchange of employees between the city and the Employer The parties agree, and we find, that the Employer is engaged in commerce within the meaning of the Act, and that it will effectuate the purposes of the Act to assert jurisdiction herein 2 2 The labor organization involved claims to represent certain employees of the Employer 3 A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act 4 The Union seeks a unit of street supervisors, who it claims are leadmen and not supervisors in that their authority is of a routine nature The Employer contends that its street supervisors are supervisors within the meaning of the Act There are about II street supervisors and they are paid on a monthly basis, whereas the bus drivers they supervise are paid on an hourly rate The street supervi- sors are furnished automobiles, owned by the Employer, and they cover certain geographical areas of the transit ' Pursuant to Sec 3(b) of the National Labor Relations Act as amended the Board has delegated its powers in connection with this case to a three member panel 2 San Diego Cn is Facilities Corporation l7 S NLRB No 26 system Their primary duty is to see that the buses operate on time They also handle inquiries and com- plaints and talk to customers In the course of performing these duties, however, they may stop bus drivers, repri- mand them and take steps to insure that they drive safely They can prohibit drivers from operating the buses if they are intoxicated They file daily reports with the superintendent of transportation, and action is taken by him based on these reports Although the final decisions are made by the superintendent of trans- portation, he may accept the recommendations of the street supervisors in their violation reports or in their commendation reports In addition to the above factors, which tend to establish the supervisory status of the street supervisors we note that to find these individuals not to be supervisors would result in a ratio of one supervisor, the superintendent to about 390 bus drivers The Board will not overlook the impracticability and unreasonableness of such a ratio, particularly where the operation, as in the instant case extends for about 380 miles We accordingly find that the street supervisors are supervisors within the meaning of the Act 3 Accordingly we shall dismiss the petition in Case 21-RC-11616 The Union also seeks a unit of office clerical employ- ees, and the Employer agrees that such a unit is appropriate The parties stipulated that 29 designated clericals be included in the unit 4 that 13 designated individuals be excluded as supervisors, and that 1 individ- ual (the secretary to the general manager) be excluded as a confidential employee, as she dealt with labor relations matters The parties disagreed, however, as to the following five persons Patricia Jacobs Assistant Controller She has the authority to effectively recommend hiring and wage increases, grant employees time off, and sched- ule employees' work The Union offered no evidence to support its claim that she merely performs regular routine functions We find that she is a supervisor and exclude her from the unit Arleen Fowler, Secretary to Controller She has access to personnel records and performs secretarial work for certain supervisors, the controller, and the assistant controller She essentially performs secretarial work, and does not assist and act in a con- fidential capacity to persons who formulate, determine, and effectuate management policies in the field of labor relations We include her in the unit, because the type of work she performs is not confidential 5 United Transit Compans 106 NLRB 1047 1048 The parties are in agreement that Willard Day assistant director of charter sales performs routine office clerical duties and should also be included in the unit The B F Goodrich Coinpans 115 NLRB 722 724 Banco Credito Y Ahorro Ponceno 160 NLRB 1504 1508-9 182 NLRB No 66 SAN DIEGO TRANSIT CORPORATION 429 Phillip Sweeten Manager of Data Processing He is in charge of all data processing, including the processing of all financial information He has specialized data process training, and three tabulators work under his direction and control We find that Sweeten has the authority to hire and to supervise the tabulator operators under him We, therefore, exclude him from the unit i Helene Davis, Supervisor of Information and Lost and Found All office clerical employees, including the secretary to the controller, the secretary to the safety and personnel directors, and the assistant director of charter sales, but excluding employees covered by other collective bargaining agreements , dispatchers, street supervisors , guards, watchmen , confidential and professional employees , assistant controller, manager of the data processing department , supervi- sor of information and lost and found, and all other supervisors as defined in the Act ORDER She effectively recommends the hiring and firing of employees and directs the activities of the ten employees who work under her She also has the right to recommend raises and to discipline the employees under her We find that Davis has the duties of a supervisor, and we accordingly exclude her from the unit Clara Thornbury, Secretary to the Safety and Personnel Directors In her capacity as secretary she has access to person- nel records of employees She essentially performs the duties of a secretary We are convinced that Clara Thornbury, like Arleen Fowler, is not a confidential employee, and we include her in the unit We find that the following employees of the Employer constitute a unit appropriate for collective bargaining within the meaning of Section 9(b) of the Act It is hereby ordered that the petition for a unit of street supervisors, filed in Case 21-RC-11616 be, and it hereby is, dismissed [Direction of Election6 omitted from publication ] ' In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them Excelsior Underis ear Inc 156 NLRB 1236 N L R B v W) man Gordon Company 394 U S 759 Accordingly it is hereby directed that an election eligibility list containing the names and addresses of all the eligible voters must be filed by Employer with the Regional Director for Region 21 within 7 days of the date of this Decision Order and Direction of Election The Regional Director shall make the list available to all parties to the election No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed