Dattco, Inc.

323 324 NLRB No. 53 DATTCO, INC. Dattco, Inc. and Teamsters Local Union No. 443, International Brotherhood of Teamsters, AFL– CIO, Petitioner. Case 34–RC–1431 August 25, 1997 DECISION ON REVIEW, ORDER, AND DIRECTION OF ELECTION BY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINS On February 27, 1997, the National Labor Relations Board granted the Petitioner’s request for review of the Regional Director’s Decision and Order. Having care- fully reviewed the entire record, we conclude, contrary to the Regional Director, that employees at the Em- ployer’s Clinton location constitute a presumptively appropriate single facility unit and that the presump- tion has not been rebutted. The facts relating to the appropriateness of the peti- tioned-for unit are similar to those found in D&L Transportation, 324 NLRB 160 (1997). The record es- tablishes that the Clinton terminal manager and dis- patcher exercise a high degree of autonomy over day- to-day operations, including assignments, dispatching and minor discipline, and that there is only minimal interchange of employees between Employer’s Clinton facility and other geographically separate facilities. Thus, for the reasons stated in D&L Transportation, we find the petitioned-for unit to be an appropriate unit. ORDER Accordingly, the petition in Case 34–RC–1431 is or- dered reinstated and the above-entitled matter is re- manded to the Regional Director for Region 34 for fur- ther processing consistent with this decision. [Direction of Election omitted from publication.] MEMBER HIGGINS, dissenting. I agree with my colleagues that this case is similar to D&L Transportation, 324 NLRB 160 (1997). In both cases, the Regional Directors, in reasoned and well-supported decisions, found that a single-facility unit was not appropriate. I would not disturb these de- cisions. Indeed, the majority’s decision is less justified here than it was in D&L. Here, unlike in D&L, the terminal manager does not make hiring decisions, and the em- ployees at the relevant terminal have no special skills. VerDate 11-MAY-2000 14:48 Apr 30, 2002 Jkt 197585 PO 00004 Frm 00323 Fmt 0610 Sfmt 0610 D:\NLRB\324.038 APPS10 PsN: APPS10