Atchison Lumber and Logging Co.

572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Atchison Lumber and Logging Co. and Truck Drivers, Warehousemen and Helpers , Local Union No. 148, Affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent, Petitioner. Case 19-RC-7237 December 13, 1974 DECISION ON REVIEW BY CHAIRMAN MILLER AND MEMBERS FANNING AND PENELLO On October 2, 1974, the Regional Director for Re- gion 19 issued a Decision and Direction of Election in the above-entitled proceeding in which he directed an e. 2ction in a unit of "all logging truckdrivers employed by the Employer at its Tonasket, Washington, opera- tion." Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regula- tions, Series 8, as amended, the Employer filed a timely request for review of the Regional Director's decision on the grounds, inter alia, that, in rejecting the Em- ployer's contention that only an overall production and maintenance unit including truckdrivers is appropriate, the Regional Director departed from officially reported Board precedent. By telegraphic order dated October 31, 1974, the National Labor Relations Board granted the request for review and stayed the election pending 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 with respect to the issue under review and makes the follow- ing findings: The Employer is a partnership engaged in contract logging for various sawmill operators. It does not oper- ate a sawmill, but cuts, prepares, and delivers logs to mill operators. Its logging operation consists of two crews, each performing such operations as felling, limb- ing, skidding, sawing, loading, and hauling logs. Each crew is directed by a foreman and includes such various employee classifications as fellers, cat skinners, landing men, loader operator, and truckdrivers. There are ap- proximately 7 employee truckdrivers and 23 employees in other classifications. Although the primary function of the drivers is to haul logs from the loading areas to the mills, the record discloses that the drivers have regular contact with other employees at the landing where the logs are loaded onto their trucks. They are also utilized to perform duties of other crewmembers, such as limbing, skidding, removing chokers from logs, and working with or in place of the loader operator. During spring "breakup," when roads are not usable for hauling, senior drivers are offered such employment as is available in other job classifications. In addition, the record reveals that most of the drivers have oc- cupied other job classifications of the Employer, and that some of the production and maintenance em- ployees have previously been log-hauling drivers for the Employer. The drivers receive the same benefits as other pro- duction and maintenance employees, are paid the same day from a common payroll, albeit the pay of the driv- ers is computed on a different basis, essentially work the same week, and share common supervision. In ad- dition, it is clear that, in performing the overall func- tion of the Employer, the work of each job classification is dependent on the operation of the other classifica- tions in such a way that any termination or slowdown of work in one part of the logging operation will affect the balance of the operation. In appropriate cases, the Board has found that truck- drivers may constitute separate units where the drivers are a functionally distinct and homogeneous group whose duties and interests are different from other em- ployees. Here, however, there is insufficient basis for such a finding. It is clear from the record and the foregoing that the drivers requested here perform over- lapping job functions with other employees, have held other job classifications of the Employer, and otherwise share a community of interest with the Employer's other production and maintenance employees. In such circumstances, we have found that a unit limited to truckdrivers is inappropriate.' Thus, based on the re- cord as a whole, we find here, contrary to the Regional Director, that the appropriate unit must encompass all of the Employer's production and maintenance em- ployees and truckdrivers.2 Accordingly, we shall remand this case to the Re- gional Director so that he may conduct an election in accordance with his Decision and Direction of Election as modified herein3 except that the payroll period for eligibility shall be that immediately preceding the date of issuance of this Decision. [Excelsior footnote omitted from publication.] I See Standard Oil Company, 147 NLRB 1226 (1964) 2 Claridge Logging Company, Inc, 164 NLRB 1068 (1967), Boyden Logging, Inc, 164 NLRB 1069 (1967) , As the unit found appropriate herein is larger than that sought by Petitioner, if the Petitioner does not now wish to participate in an election in the unit found, we shall permit it to withdraw its petition without preju- dice upon notice to the Regional Director within 5 days from the date of this Decision Also, as the Petitioner's showing of interest was for a unit smaller than the unit in which an election is being directed, the Regional Director shall determine whether the Petitioner has an adequate showing of interest in the broader unit found appropriate before proceeding to an election 215 NLRB No. 105