Litton Financial Printing

380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Litton Financial Printing and Teamsters Union Local 853 Warehouse, Mail Order and Retail Employees, affiliated with International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, Petitioner. Case 20-RC-12284 January 30, 1975 DECISION ON REVIEW BY ACTING CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO On October 8, 1974, the Regional Director for Region 20 issued his Decision and Direction of Election in the above-entitled proceeding, in which he found appropriate a unit of four office clerical employees at the Employer's San Leandro, Califor- nia, location. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Employer timely filed a request for review of the Regional Director's decision, contending that the Regional Director erred in failing to exclude the executive secretary to the general manager as a confidential employee. On November 14, 1974, the National Labor Relations Board by telegraphic order granted the request for review. 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 entire record in this case, including the Employer's brief on review, and makes the following findings: The Employer prints commercial business forms, specifically bank passbooks and banking checks, at its San Leandro, California, facility under the direction of General Manager Foley. As found by the Regional Director, General Manager Foley is in charge of labor relations at the San Leandro facility and in that capacity meets regularly with the union representative who represents the Employer's manu- facturing employees at that location. Foley corre- sponds with the Union, sets dates for future meetings, and meets with the union representative in an effort to resolve "protests" involving the manufac- turing employees. He also corresponds with the corporate industrial relations department regarding grievances filed, and EEO and OSHA matters. With respect to grievances reported to the industrial relations department, Foley's correspondence covers the nature of the grievance, his recommendation, and a request for advice. Grievances arise a few times a month and the industrial relations department is notified in about 50 percent of the cases. Although Foley has not yet done so, he will participate in the labor contract negotiations for the San Leandro facility when the present collective-bargaining agree- ment expires. As Foley's executive secretary, Karen Jones, in addition to other duties, prepares his correspondence with the Union and with the corpo- rate industrial relations department. She also per- forms filing duties, including the filing of reprimands given to employees and written evaluations and recommendations for pay increases made by the shop superintendent or shop foremen. From the foregoing, we conclude that based upon General Manager Foley's responsibilities regarding grievances, particularly his recommendations to the industrial relations department, and his anticipated involvement in the forthcoming negotiations, he is engaged in the formulation, determination, and effectuation of management policies in the field of labor relations at the San Leandro facility. Inasmuch as Karen Jones handles his correspondence, we find that she assists in the preparation of and has access to confidential labor relations matters. Accordingly, she is excluded as a confidential employee.' The case is hereby remanded to the Regional Director for Region 20 for the purpose of conducting an election pursuant to his Decision and Direction of Election, as modified herein, except that the payroll period for determining eligibility shall be that immediately preceding the date of this Decision on Review. [Excelsior footnote omitted from publication.] I Firestone Synthetic Latex Company, 201 NLRB 347 (1973). 216 NLRB No. 66