Air Reduction Co., Inc.

National Labor Relations Board - Board Decisions

Apr 26, 1960

127 N.L.R.B. 410 (N.L.R.B. 1960)

410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Act, as amended, now known as the Labor-Management
Relations Act, 1947, as amended.
3. The Board's standard for exercising jurisdiction over a nonretail
enterprise is a minimum of $50,000 outflow or inflow, direct or indirect
(Siemons Mailing Service, 122 NLRB 81, 85; Eau Claire and Vicinity
Building and Construction Trades Council and Robert Bauer, 122
NLRB 1341, 1343; Frank Schafer, Inc., 127 NLRB 210, Case No.
AO-8). Its standard for asserting jurisdiction over enterprises whose
operations exert a substantial impact on the national defense is a show-
ing that "the Board has statutory jurisdiction." Ready Mixed Con-
crete t Materials, Inc., 122 NLRB 318, 320. Cf. Mitchell v. Lublin,
358 U.S. 207, 213.
Accordingly, the parties are advised, pursuant to Section 102.103 of
the Board's Rules and Regulations, that the Board would assert juris-
diction over the operations of Miller, Midwest, and Fluor with respect
to labor disputes cognizable by the Board under Sections 8, 9, or 10 of
the Act. The Board expressly does not pass upon the question of
whether the conduct involved is cognizable under said Sections 8, 9,
or 10, and limits its opinion solely to the question of asserting jurisdic-
tion over the operations of the employers mentioned herein.
Air Reduction Company, Incorporated i and General Drivers,
Warehousemen , and Helpers , Local Union Number 89 , affili-
ated with the International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, Petitioner.
Case No. 9-RC-37841. April 26, 1960
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before Daniel J.
Smitas, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Leedom and Members
Jenkins and Fanning].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
1 The Employer 's name appears as amended at the hearing.
127 NLRB No. 53.
AIR REDUCTION COMPANY, INCORPORATED 411
4. The Employer is a New York corporation engaged in the whole-
sale and retail marketing of gases and welding apparatus. The estab-
lishment here involved consists of an office and warehouse of the Em-
ployer at Louisville, Kentucky, at which it stores and sells welding
equipment, and maintains certain records for its area operations.'
Petitioner seeks to represent a unit composed of the order fillers,
stock ledger clerk, and order typist at the aforementioned location,
and is willing to include the order clerk, should the Board so find.
The Employer would have the petition dismissed as requesting an
inappropriate unit, but in any event would not include the stock ledger
clerk, order clerk, or order typist, on the ground that the latter
classifications represent only a segment of its office clerical staff at
the office and warehouse.
Petitioner has been recognized as collective-bargaining representa-
tive for the order fillers since 1955, and is party to a current contract
with the Employer covering these employees. All other employees
at this location are unrepresented, with the exception of several repair-
men assigned to another plant and not involved in this proceeding.
There are at present two employees classified as order fillers. These
employees work on the first floor of the office and warehouse, in an
open area containing storage bins and packing tables. Their duties
consist of unpacking and shelving incoming merchandise, and prepar-
ing goods for delivery to customers.'
Approximately 8 feet from the packing tables are three desks, used
by the order clerk, order typist, and stock ledger clerk, respectively.
The order clerk receives written and telephone orders from customers,
and notes such orders on printed order forms after obtaining certain
data from a reference catalog. He then passes the completed forms to
the order typist, who prepares additional forms concerning shipments
and credits, and also maintains a file of customers' orders. The order
clerk passes these forms to the stock ledger clerk, who utilizes them
in the preparation of inventory and requisition records. Thereafter
the order forms are given to the order fillers, who fill the orders as
noted above.
The order typist and order clerk are nominally supervised by the
sales office manager, while the storekeeper supervises the order fillers
and stock ledger clerk' The work of these employees does not re-
2 The Employer operates a plant several miles from the office and warehouse This
plant appears to be engaged in the distribution of the Employer's gas products , and has
little contact with the office and warehouse , which handles only "hard goods." The
Employer 'has another operation on Lampton Street, of undisclosed nature. Petitioner
represents the Lampton Street mechanics , as well as drivers, drivers ' helpers, and dock-
men at the plant. Another union represents the production and maintenance employees
at the plant.
8 In accordance with Petitioner 's current contract with the Employer , the order fillers
are hourly paid . All other employees at the office and warehouse are salaried.
A The sales office manager was listgd as supervisor of the order clerk and order typist on
the Employer 's organizational chart dated September 1, 1959. There is no indication
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
quire close supervision, however, and, as the sales office manager
occupies an office on the second floor, his contact with the order clerk
and order typist appears to be only sporadic.
It is clear from the record that the stock ledger clerk, the order
clerk, and the order typist work as a team with the order fillers in
processing and executing customers' orders for "hard goods." In
view of the close working relationship between these employees, and
their common work location, we find they are all essentially plant
clerical employees, and may constitute an appropriate unit for col-
lective-bargaining purposes.'
All other employees at the office and warehouse work on the second
floor. In addition to certain managerial, supervisory, and confidential
employees excluded by stipulation of the parties, there are three
individuals alleged by the Employer to be necessarily a part of the
unit soughtby Petitioner. These individuals are the sales correspond-
ent, sales mechanics clerk, and switchboard operator-receptionist.
The sales correspondent answers inquiries concerning the Em-
ployer's products and prices, maintains advertising and office sup-
plies, and performs certain other miscellaneous tasks. The sales
mechanics clerk makes up authorization and price cards from data
contained in gas purchase contracts, and forwards this information
to the Employer's tabulating center in Houston, Texas. This em-
ployee also types letters and memoranda from a dictating machine,
and maintains customer account files. The switchboard operator-
receptionist performs the usual duties associated with this classifica-
tion, and also has typing and filing duties relating to general
correspondence, freight arrival notices, and freight bills. All three
employees are supervised by the sales office manager.
The sales correspondent, sales mechanics clerk, and switchboard
operator-receptionist work in an area removed from the Employer's
shipping and storage area. While their work to some extent concerns
the "hard goods" shipping operation performed on the first floor,
much of it relates to the Employer's overall area operations, including
gas shipments from other locations. Their duties are entirely clerical
in nature. In view of these facts, and the entire record, we find the
sales correspondent, sales mechanics clerk, and switchboard operator-
receptionist are office clericals. As Petitioner does not wish to include
these employees in the unit, we shall, in accordance with the Board's
usual practice, exclude them from the unit of plant clerical employees."
As the stock ledger clerk, order clerk, and order typist are excluded
from the existing bargaining unit of order fillers, in accordance with
that an earlier organizational chart existed . The present stock ledger clerk, who served
as order typist prior to April 1, 1959, testified that during such time it was her impression
the storekeeper was the "boss" of the three downstairs employees.
6 Mixermobile Manufacturers , Inc., 119 NLRB 1617 , 1618; Dependable Parts, Inc,
112 NLRB 581, 583.
° Interstate Supply Co ., 117 NLRB 1062.
THERMO KING CORPORATION 413
Board policy they are entitled to a self-determination election with
respect to their inclusion in such unit.' We shall, therefore, direct
separate elections in the following voting groups of plant clerical
employees at the Employer's office and warehouse at Louisville, Ken-
tucky, excluding all other employees, the sales correspondent, sales
mechanics clerk, switchboard operator-receptionist, manager's sec-
retary, professional employees, guards, and all supervisors as defined
in the Act.
A. The order fillers.
B. The stock ledger clerk, order clerk and order typist.
In conformity with the Board's decision in Waikiki Biltmore, Inc.,
d/b/a The Waikiki Biltmore Hotel,' the votes shall be counted as
follows : If a majority of the employees in each of the above voting
groups votes for the Petitioner, both groups will be merged into a
single overall unit, which, under the circumstances, we find to be ap-
propriate. In the event a majority in voting group A selects the
Petitioner, and a majority in voting group B votes against the Peti-
tioner, the employees in group A shall constitute an appropriate unit
and may continue to be represented by the Petitioner, and those in
group B shall remain unrepresented. However, if a majority of the
employees in voting group A do not select the Petitioner, and a ma-
jority in voting group B votes for the Petitioner, the latter shall not
constitute an appropriate unit, and in this circumstance likewise shall
remain unrepresented. The Regional Director is instructed to issue
the appropriate certification or certifications as directed by the out-
come of the elections.
[Text of Direction of Elections omitted from publication.]
7 Look Joint Pipe Co., 120 NLRB 1238.
8127 NLRB 82. For the reasons stated in his dissenting opinion in Waikiki Bilt-
more, Inc. d/b/a The Waikiki Biltmore Hotel, Member Fanning would follow the Board's
previous practice of pooling in the present case.
Thermo King Corporation and National Union , United Welders
of America (Independent), Petitioner . Case No. 18-RC-4173.
April 26, 1960
DECISION AND ORDER
Upon a petition duly filed, a hearing was held before Charles J.
Frisch, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board has
delegated its powers in connection with this case to a three-member
panel [Members Rodgers, Jenkins, and Fanning].
127 NLRB No. 42.