Alaska Fish and Farm Products, Inc.

730 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Alaska Fish and Farm Products, Inc. and International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America-Teamsters Local 959-State of Alaska, Petitioner. Case 19-RC-7058 July 31, 1974 DECISION ON REVIEW By CHAIRMAN MILLER AND MEMBERS FANNING AND JENKINS On May 1, 1974, the Regional Director for Region 19 issued a Decision and Direction of Election in the above-entitled proceeding in which he found appro- priate and directed an election in a unit of salesmen, drivers, warehousemen, and helpers employed by the Employer. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board's Rule and Regulations, Series 8, as amended, the Petitioner filed a timely request for review of the Regional Director's Decision on the ground that in including salesmen in the unit determination, the Regional Di- rector made findings of fact which are clearly errone- ous and departed from officially reported Board precedent. Thereafter, the Employer filed a timely brief in support of the Regional Director's Decision. By telegraphic order dated May 28, 1974, the request for review was granted and the election stayed pend- ing decision on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. The Board has considered the entire record in this case with respect to the issue under review and makes the following findings: The Employer is engaged in the wholesale food service business at Anchorage, Alaska, and employs 3 salesmen and 10 drivers, warehousemen, and help- ers. The Employer contended, and the Regional Di- rector agreed, that the smallest appropriate unit must include the salesmen. Petitioner contends that the salesmen's terms and conditions of employment are substantially different from those of the drivers, ware- housemen, and helpers and, therefore, the salesmen should have been excluded from the unit. We find merit in this contention. The record reveals that the drivers' duties consist of filling orders, loading trucks, delivering merchandise, and collecting from customers when delivering "col- lect" orders. Although the drivers come into contact with customers when making deliveries, they have no selling duties. The duties of the warehousemen and helpers include unloading shipments of merchandise, putting the merchandise away, keeping the premises clean, and filling orders in the warehouse. The drivers, warehousemen, and helpers normally work from 7 a.m. to 4 p.m. under the direction of the leadman, Tozier, although they are under the overall supervi- sion of the operations manager, with whom they have little contact. The drivers, warehousemen, and helpers receive wages computed at an hourly rate, work set hours with an established lunch break, punch time- cards, and receive overtime on Saturdays or past 4 p.m. on weekdays. These employees, including the drivers, usually wear jeans to work, although the driv- ers are expected to look somewhat neater since they come into contact with customers. The salesmen's duties consist of soliciting business from customers and ascertaining whether their cus- tomers' orders have been properly filled and deliv- ered. There is general testimony that in checking on their orders they spend about 25 percent of their time at the warehouse where they come into contact with the drivers, warehousemen, and helpers. The sales- men have no set hours and usually come to the ware- house around noon, before the afternoon deliveries. The salesmen have made deliveries and filled orders on an occasional and irregular basis, usually after the other employees have left the warehouse at 4 p.m. On rare occasions, when there is a heavy workload at the warehouse, one or two of the salesmen are called in to work in the warehouse for a day. The record reveals that this occurs 6 to 10 times a year. The record also reveals that two of the three salesmen presently em- ployed by the Employer were formerly employed as drivers. Unlike the other employees, the salesmen work un- der the immediate direction of the operations manag- er for approximately 1 hour each day. In the course of pursuing their duties, the salesmen exercise discre- tion in soliciting new accounts without prior approval from the operations manager or the general manager. In contrast to the other employees, the salesmen are salaried, do not punch timecards, and do not receive overtime. They supply their own cars and are com- pensated for gasoline which they expend in the course of business activities. Although the Employer has no specific dress requirements, salesmen are expected to be neat in appearance and, in practice, wear coats and ties. All of the Employer's employees, including the salesmen and management, receive company-spon- sored fringe benefits. Based on the foregoing and the record as a whole, we conclude that the salesmen are outside salesmen whose primary function is selling, and any duties they perform at the warehouse or with respect to deliveries are merely incidental to their selling function. Inas- much as these salesmen have terms and conditions of 212 NLRB No. 98 ALASKA FISH & FARM PRODUCTS , INC. 731 employment which substantially differ from those of unit and the case is remanded to the Regional Direc- the drivers, warehousemen, and helpers, we find their tor for the purpose of conducting an election pursuant interests are not such as to require that they be includ- to his Decision and Direction of Election, as modified ed in the unit.' herein, except that the payroll period for determining Accordingly, the salesmen are excluded from the eligibility shall be that immediately preceding the date of issuance of this Decision. [Excelsior footnote omit- Newark Electronics Co, Inc, 131 NLRB 553, 554 ted from publication.]