Healthco, Inc.

HEALTHCO, INC. Healthco, Inc. - Healthco Medical Supplies and Teamsters Local 317, an affiliate of the Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Petition- er. Case 3-RC-6877 November 30, 1977 DECISION ON REVIEW BY MEMBERS JENKINS, PENELLO, AND MURPHY On March 30, 1977, the Regional Director for Region 3 issued a Decision and Direction of Election in the above-entitled proceeding, finding appropriate a unit of warehousemen (or "pickers") and truckdri- vers at the Employer's Mattydale, New York, facility which excluded, inter alia, two purchasing agents, three customer service representatives, and a ware- house coordinator. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, the Employer filed with the Board a timely request for review of the Regional Director's decision, contending that the Regional Director erred in excluding the above-mentioned employees from the unit. By telegraphic order dated April 25, 1977, the Board granted the Employer's request for review and stayed the election pending a decision on review. Thereafter the Employer filed a brief on 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 with respect to the issues under review and makes the following findings: The Employer is engaged in the wholesale distribution and sale of medical supplies to health care institutions. The Union seeks to represent a unit consisting of the Employer's truckdrivers and warehousemen. The Employer contends that the unit petitioned for is inappropriate and that the appropriate unit should include, in addition to the categories sought by the Petitioner, two purchasing agents, three customer service representatives, and one coordinator. The Union expressed its willingness to participate in an election in a larger unit in the event a unit larger than that sought is found to be appropriate. In his decision, the Regional Director found that although the disputed employees have functions which denominate them as plant clerical employees, they also spend a large amount of time dealing with customers. On this basis he concluded that they are office clericals and should be excluded from the unit. 233 NLRB No. 123 The Employer's Mattydale, New York, distribution center has 17 employees. All operations are conduct- ed in a single building which houses clerical employees in the front, and warehousemen and drivers in the rear. The record reveals that the purchasing agents are responsible for obtaining medical supplies from manufacturers. They initiate the puchasing process by placing an order with the manufacturer whenever supplies are to be replenished. A copy of the purchase order used is taken by a purchasing agent to the warehouse area and given to an order picker who places it in a file where it is maintained until the order is filled. When the ordered merchandise is delivered, it is received in the warehouse by the order picker who then removes the purchase order from the file and takes it along with a copy of the packing memo which accompanied the order to the purchas- ing agent in the office. The coordinator receives all invoices in the mail and distributes them to the customer service repre- sentative. The customer service representative then picks up a duplicate copy of the purchase order and packing memo and matches them up with the invoice. When the customer service representative forwards the appropriate documents for payment, the inflow process is completed. The outflow or removal of merchandise from the warehouse for distribution is triggered by receipt of a sales order by a customer service representative from the coordinator. After certain entries have been made on the order it is taken by a purchasing agent to a warehouse employee known as an order picker. The pickers fill the orders and leave them in a holding area. A copy of the sales order is removed from the order and attached to the shipment as a packing slip. A duplicate copy is then hand-carried by a picker to the customer service representative. When the driver picks up his order, loads it, and delivers the merchandise, the outflow process is completed. While the foregoing indicates some interchange and community of interest between the office and warehouse personnel, there are several additional factors which show that both groups of employees belong in the same unit. Thus, Respondent's branch manager, George A. Liperate, testified that it is not unusual for customer service personnel to spend time in the warehouse in order to expedite the distribution of supplies that may be critical to a customer. Further, office personnel spend some time checking warehouse shelves to locate critical supplies that may be needed in an emergency. Customer service representatives may themselves check the order files in the receiving area if the order pickers are too busy to do so. Similarily, office personnel work with 835 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pickers in resolving purchase order discrepancies and checking damage to shipments received. Pickers on occasion have assisted the coordinator in checking invoice records. The record also reveals that purchas- ing agents have filled in for warehouse workers who have been ill or on vacation. With respect to work conditions both warehouse and office employees have the same working hours. All are hourly paid and receive overtime when they work more than 40 hours in a week. All receive comparable wages and the same pension, health, and dental insurance benefits. The office and warehouse employees share a common lunchroom and have common supervision. On the basis of the foregoing, and the record as a whole, we find that the purchasing agents, customer service representatives, and coordinator perform duties which are directly related to and integrated with the functions of the warehouse. These employ- ees have regular contact with the warehouse employ- ees in insuring accurate recordkeeping relative to the movement, condition, and availability of the mer- chandise located at the Employer's distribution I See Jacob Ash Co., Inc., 224 NLRB 74 (1976): Sears. Roebuck and Co., 222 NLRB 476 (1976). center. In these circumstances, we find that the disputed employees are plant clerical employees whose interests are closely related to those of the warehouse employees and drivers. Accordingly, we shall include them in the unit.1 We therefore find that the appropriate unit is as follows: All warehousemen (or "pickers"), truckdrivers, coordinator, purchasing agents, and customer service representative employed by Healthco, Inc. - Healthco Medical Supplies at its Mattydale, New York, facility: but excluding all salesmen, office clerical employees, professional employees, guards, and supervisors as defined in the Act. Accordingly, as the Petitioner indicated a willing- ness to proceed to an election in any unit found appropriate, the case is remanded to the Regional Director 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 preceeding the issuance of this Decision.2 2 [Excelsior footnote omitted from publication.] 836