Diamond Parking, Inc.

DIAMOND PARKING Diamond Parking, Inc. and Service Employees' Inter- national Union, Local 556, AFL-CIO, Petitioner Case 37-RC-1740 July 17, 1972 DECISION AND DIRECTION OF ELECTION BY MEMBERS JENKINS, KENNEDY, AND PENELLO Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, hearings were held before Hearing Officers Wilma K. Tice and George L. McCargar. Following the hearings and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8, as amended, by direction of the Regional Director for Region 20, the case was transferred to the Board for decision. The Employer filed with the Board a motion to dismiss and a memorandum in support of its motion.' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has reviewed the Hearing Officers' rulings made at the hearings and finds that they are free from prejudicial error. They are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer, a State of Washington corpora- tion, operates parking lots at 246 locations in Washington, 56 locations in Oregon, 23 locations in Utah, and 15 locations in Hawaii. The Employer's gross revenue for 1971 was approximately $1,900,000 for the Washington operations, $280,000 for its Oregon operations, $200,000 for its Utah operations, and $110,000 for its Hawaii operations. During 1971, the Employer purchased gasoline valued at approxi- mately $300,000 from Texaco within the State of Washington for resale purposes. Although the Petitioner seeks to represent only the employees of the Employer's operation in Hawaii, we consider, for jurisdictional purposes, the totality of the Employer's operations.2 On this basis, we find that the Employer is engaged in commerce within the meaning of the Act and find that it will effectuate the policies of the Act to assert jurisdiction herein.3 2. The Petitioner claims to represent certain employees of the Employer.4 However, the Employer 1 For reasons appearing below, the Employer's motion to dismiss is hereby denied 2 Siemons Mailing Service, 122 NLRB 81 3 Carolina Supplies and Cement Co, 122 NLRB 88 4 The Employer's contention that these employees are guards under the 239 contends that the Petitioner is not a labor organiza- tion under the Act. The record shows that Petitioner exists for the purposes of dealing with employers concerning grievances and conditions of employ- ment. Indeed, it appears that the Petitioner has been certified by the Board to represent employees of other employers. We find, therefore, that the Peti- tioner is a labor organization within the meaning of the Act. 3. A question affecting commerce exists concern- ing representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. Although both parties are in agreement as to the appropriateness of a single unit of all employees in Hawaii, excluding the district manager and operations manager, they disagree as to the place- ment of garage managers,5 office clericals, and part- time employees. Contrary to the Employer, the Petitioner would exclude the garage managers with attendants under them, office clericals, and part-time employees working less than 20 hours per week. Garage Managers The Petitioner's position is that the garage manag- ers who have attendants working under them are supervisors .6 However, the record reveals that all the garage managers perform substantially the same work as the attendants. The attendants and garage managers park cars, collect parking fees, and check the garage to make sure that everybody has paid the fee. When a garage manager leaves work an attendant takes over. Two of the garage managers are paid the same as attendants. The garage managers routinely direct attendants to wash cars or pump gas. Only the district manager has authority to discharge employees, and the operations manager schedules the work, receives employee complaints, and is notified of absences. We find that the garage managers are not supervi- sors and shall include them in the unit. Office Clericals The office clericals work in an office building. Their duties are typically secretarial. They count the number of parking receipts turned in by the attendants, mail verified bank deposit slips to the home office in Seattle, type, file, and answer the telephone. As office clerical employees, they do not Act is clearly without merit 5 Garage managers are also referred to in the record as station managers 6 Two garage managers have attendants working under them, the other works alone 198 NLRB No. 44 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD share a community of interest with the attendants and we shall exclude them from the unit. Part-time Employees The Employer employs several part-time employ- ees. One works an 8-hour shift once a week. Three others work two 8-hour shifts per week. As regular part-time employees, working for a substantial period of time each week, the part-time employees belong in the unit, and we shall include them.7 In view of the above, we find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees of the Employer in Hawaii includ- ing attendants , garage managers, checkers, and regular part-time employees, but excluding office clericals, the district manager, the operations manager, and all supervisors as defined in the Act. [Direction of Election and Excelsior footnote omitted from publication.] 7 Farmers Insurance Group, 143 NLRB 240