Rocket Messenger Service of San Francisco

ROCKET MESSENGER SERVICE OF SAN FRANCISCO Olympic Delivery Service, Inc., d/ b/a Rocket Messenger Service of San Francisco and Retail Delivery Drivers, Driver Salesmen & Helpers Local 278, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America , Petitioner. Case 20-RC-8843 October 28, 1969 DECISION AND DIRECTION OF ELECTION BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND JENKINS Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held at San Francisco, California, before Hearing Officer Philip Mounger. Pursuant to Section 102.67(h) of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director transferred the case to the Board for decision Thereafter only the Petitioner filed a brief Pursuant to the provisions of Section 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. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed. Upon the entire record in this case, including the Petitioner's brief, the Board finds- 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The Petitioner is a labor organization claiming 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 Petitioner seeks to represent a unit of truckdrivers, excluding, inter alia, bicycle messengers. The Employer contends that bicycle messengers should be included in the unit The Employer is engaged in providing mail, messenger, and delivery services in the San Francisco, California, area by means of truck and bicycle messengers While all messengers are directed by the same 417 dispatchers and work out of the same office, the truckdrivers are paid substantially more per hour than the bicycle messengers , they handle the entire San Francisco area , especially the airport, whereas bicycle messengers operate only in the downtown area, they comprise a more stable work force than the bicycle messengers ; they are required to possess a driver's license and should be, and usually are, over 25 years of age for automobile liability insurance purposes (the bicycle messengers can begin at the age of 16 ) Moreover , in the San Francisco area the practice among other delivery services apparently is for truckdrivers to be represented apart from bicycle messengers. The Employer also stipulated that at its Los Angeles location it has had for 10 years a collective-bargaining contract with a Teamsters local for a unit of truckdrivers from which bicycle messengers have been excluded As the Board said in St John's Associates, Inc , 166 NLRB No 30, enfd . 392 F 2d 182 (C.A. 2). We have traditionally established truckdrivers as a separate appropriate unit in the absence of a bargaining history where a union seeks to represent them separately and where no other labor organization seeks to represent them in a unit of larger scope 2 'Ballennne Packing Co. Inc, 132 NLRB 923 Therefore, we find the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All truckdrivers employed by the Employer at its San Francisco, California, location, excluding bicycle drivers, dispatchers, office clerical employees, guards and supervisors as defined in the Act [Direction of Election' 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 shall have access to a list of voters and their addresses which may be used to communicate with them Excelsior Underwear Inc. 156 NLRB 1236, N L R B v Wyman-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 the Employer with the Regional Director for Region 20 within 7 days of the date of this Decision 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 179 NLRB No. 62