All Boro Metal Products Co., Inc.

National Labor Relations Board - Board Decisions

Mar 15, 1960

126 N.L.R.B. 1141 (N.L.R.B. 1960)

ALL BORO METAL PRODUCTS CO., INC., ETC. 1141
All Boro Metal Products Co., Inc. and Office Help Temporaries
and International Brotherhood of Electrical Workers, Local
1783, AFL-CIO, Petitioner. Case No. 2-RC-10194. March 15,
1960
AMENDED DECISION, ORDER, AND DIRECTION
OF ELECTION
Pursuant to a petition filed on August 20,1959, the Board, on Novem-
ber 9, 1959, issued a Decision and Direction of Election 1 in this pro-
ceeding in which it found that Office Help Temporaries, herein called
OUT, was the Employer of the regular full-time warehousemen em-
ployed at 810 Finemore Road, Mamaroneck, New York, whom the
Petitioner seeks to represent. On November 17, 1959, the Petitioner
filed with the Board a motion for reconsideration, urging that the
Board reconsider its aforementioned Decision and find that All Boro
Metal Products Co., Inc., herein called All Boro, was the Employer
of the employees involved. Thereafter, OHT filed a response in sup-
port of the Petitioner's motion, while All Boro submitted a motion in
opposition. The Board, having duly considered the Petitioner's mo-
tion and the responses thereto, concluded that the issues thus raised
could best be resolved by a hearing. Accordingly, on December 4,
1959, the Board remanded the proceeding of the Regional Director for
the Second Region with instructions to conduct a hearing for the
purpose of taking additional evidence as to whether All Boro or OHT
is the Employer of the employees named in the petition.
On January 19,1960, the hearing on remand was held. The record
developed at this hearing discloses that OHT is engaged in furnishing
temporary office help to businesses located in New York and New
Jersey, and has for some time furnished such help to All Boro. Prior
to April 1958, and unknown to OUT, the Petitioner commenced an
organizational campaign among the warehousemen who were then con-
cededly employed by All Boro. On or about April 9, 1958, All Boro
contacted OHT and arranged for the latter to undertake bookkeeping
duties and functions for its warehouse employees. Pursuant to this
arrangement , OHT maintains a payroll for these employees and pays
them out of funds provided by All Boro for the number of hours
worked as certified by All Boro. In addition, OHT pays social secu-
rity, workmen's compensation, unemployment, and withholding taxes
for the warehousemen. However, these payments are made from
funds which All Boro remits to OHT for this purpose at the rate of
25 cents for each hour worked. The record on remand also discloses
that OHT neither interviews, hires, nor discharges the warehouse em-
ployees but that such functions are actually performed by All Boro.
1 Unpublished.
-126 NLRB No. 132.
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In view of the foregoing, and the entire record in this proceeding,
the Board finds that All Boro, and not OHT, is the Employer of the
employees involved. We shall, accordingly, amend our original De-
cision herein.
ORDER
IT IS HERESY ORDERED that the original Decision herein be, and it
hereby is, amended to read as follows :
4. The following employees of the Employer constitute a unit
appropriate for the purpose of collective bargaining within Sec-
tion 9(b) of the Act:
All regular full-time warehouse employees employed by All
Boro Metal Products Co., Inc. at 810 Finemore Road, Mamaro-
neck, New York, excluding all other employees, office clericals,
watchmen, guards, executives, and all supervisors as defined in
the Act.
[Text of Direction of Election omitted from publication.]
CHAIRMAN LEEDOM and MEMBER BEAN took no part in the considera-
tion of the above Amended Decision, Order, and Direction of Election.
United Association of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the U.S. and Canada,
Local 8, AFL-CIO and United Contractors Council and
William H. Bishop d/b/a Bishop Plumbing and Elect. Co.
Case No. 17-CC-107. March 16, 1960
DECISION AND ORDER
On January 11, 1960, Trial Examiner George A. Downing issued
his Intermediate Report in this proceeding finding that the Respond-
ent had engaged in certain unfair labor practices within the meaning
of Section 8(b) (4) (A) of the National Labor Relations Act and
recommending that it cease and desist therefrom and take certain
affirmative action as set forth in the copy of the Intermediate Report
attached hereto. Thereafter, the General Counsel filed exceptions to
the limited scope of the recommended order and a brief in support
thereof. The Respondent filed a brief in reply to the General
Counsel's exceptions.
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 [Chairman Leedom and Members Bean and Fanning].
The Board has reviewed the rulings made by the Trial Examiner
at the hearing and finds that no prejudicial error was committed.
The rulings are hereby affirmed . The Board has considered the entire
126 NLRB No. 133.