Alterman Transport Lines, Inc.

National Labor Relations Board - Board Decisions

Aug 15, 1969

178 N.L.R.B. 122 (N.L.R.B. 1969)

122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Alterman Transport Lines, Inc. and Freight Drivers,
Warehousemen and Helpers Local Union 390, an
affiliate of the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers
of America ;' Teamsters , Chauffeurs and Helpers
Local Union No. 79, affiliated with the
International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America;
Teamsters, Chauffeurs, Warehousemen, and
Helpers Local Union No . 385, affiliated with the
International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of
America , Petitioners . Cases 12-RC-2955,
12-RC-2995, and 12-RC-2999
August 15, 1969
DECISION AND DIRECTION OF
ELECTIONS
BY MEMBERS FANNING, BROWN , AND ZAGORIA
Upon petitions filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing= was held before David Kayton, Hearing
Officer. Following the hearing and pursuant to
Section 102.67 of the National Labor Relations
Board Rules and Regulations and Statements of
Procedure, Series 8, as amended, and by direction of
the Regional Director for Region 12, these cases
were transferred to the National Labor Relations
Board for decision. Briefs have been timely filed by
the Employer and the Petitioner.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with these cases to a
three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby
affirmed. 3
'The petition was amended at the hearing to show the correct name of
the Petitioner , substituting the words "an affiliate or' for the words
"affiliated."
'Subsequent to the commencement of the hearing in Case 12-RC-2955,
the Regional Director issued , on March 4, 1968, an order consolidating
Cases 12-RC-2995 and 12-RC-2999 for hearing with Case 12-RC-2955.
'At the beginning of the hearing , the Employer filed with the Hearing
Officer a motion to quash hearing and/or notice of hearing, based on
grounds that there was no proper request for recognition by the Union on
the Employer, as required by Sec. 9(c)(1); that the petition was defective;
that the Hearing Officer was not qualified under the Administrative
Procedure Act, that the Board ' s delegation of authority under Sec 9 to the
Regional Director was improper; and that the Board failed to investigate
the petition to determine if it has reasonable cause to believe that a
question concerning representation affecting commerce existed prior to the
hearing . The Employer also subpenaed the Hearing Officer and the
Regional Director to produce certain documents and to testify in
connection with the motion to quash the hearing The Regional Director
filed a motion to revoke the subpoenas duces tecum on the grounds that
the evidence sought was privileged against disclosure by Sec. 102 118 of the
Board's Rules and Regulations Series 8, as amended . The Hearing Officer
denied the motion to quash hearing and/or notice of hearing Thereafter,
the Employer requested that the General Counsel grant permission to the
Upon the entire record in these cases, including
the briefs filed herein, the Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction."
Hearing Officer and the Regional Director to permit them to comply with
the subpenas duces tecum The General Counsel denied the request The
Employer also filed a motion to dismiss on grounds that the Employer was
denied due process of law, the Board has failed to comply with Sec 9(c)(l)
of the Act, that the Board has failed to delegate to the Regional Director
its power to determine jurisdiction, and that the Board failed to comply
with the Administrative Procedure Act. The Employer also filed an answer
to the petition The Hearing Officer referred the motion to dismiss, and
the answer to the petition , which also contained a motion to dismiss, to the
Regional Director We affirm the Regional Director's denial of the
Employer' s motion to dismiss . On numerous occasions the Board has been
called upon to determine the question of whether its delegation was
properly made and has rejected contentions to the contrary
We deem it unnecessary , pursuant to the Petitioner's request, to
condemn the practice by this and other employers to file answers to
petitions , notwithstanding the Board ' s Rules and Regulations do not
contemplate answers to petitions Contrary to the Petitioner, we find no
basis for a finding that an answer to a petition imports an improper and
undesirable attitude of hostility into the beginning stage of the
collective-bargaining process. However, it is well established that a
representation proceeding is not an adversary proceeding.
The Employer contends that the petitions herein are fatally defective
because of failure to comply with Sec 9(c)(1) of the Act. The Employer
asserts that the Petitioners have failed to allege that they have made a
request for recognition and that the Employer declined such request, and
that the petitions were filed without giving the Employer an opportunity to
voluntarily recognize the Petitioners . We reject the Employer' s contention.
We note that the petition in Case 12-RC-2955, Miami, indicates that a
recognition request was made on November 1, 1967, and that the
Employer declined recognition on that date. In addition, the parties
stipulated that a recognition demand was made on November 1, 1967. The
petition in Case 12-RC-2995, Tampa, indicates that Petitioner made a
request for recognition on January 16, 1968, but that the Employer did not
reply Only the petition in Case l2-RC-2999, Orlando, indicates that no
request for recognition was made . The Board has often held that the filing
of a representation petition in itself constitutes a sufficient demand for
recognition
The Employer contends that although Congress authorized the Board's
delegation to the Regional Director of the authority to make a
determination as to whether a question concerning representation existed,
Congress did not delegate to the Regional Directors the authority to
determine whether such question of representation affected commerce In
addition , the Employer contends the Board failed to make such
determination herein, and that the proceedings herein should be dismissed
for failure of the Board to investigate the petition to determine if it has
reasonable cause to believe that it has jurisdiction , or that the proceeding
be remanded to permit the Employer to litigate the issue of the Board's
investigation . Contrary to the Employer, we find that Sec. 3(b) of the Act
grants the Board full authority to delegate its Sec . 9 powers to the
Regional Directors to investigate and provide for hearings , and determine
whether a question of representation exists.
The Petitioner contends that, notwithstanding that Sec 102.66 of the
Board' s Rules and Regulations , Series 8, as amended , clearly states that,
in matters arising under Sec. 9 of the Act, the rules of evidence prevailing
in the courts of law or equity shall not be controlling , the Hearing Officer,
all too frequently impaired the Petitioner ' s development of the record by
acceding to the Employer ' s invocation of rules of evidence and "cavil"
objections . Although the record contains numerous instances of attempts
by Petitioner and Employer to invoke strict rules of evidence in this
proceeding , we find on the basis of the entire record herein , that neither
the Employer nor the Petitioner was prejudiced by the Hearing Officer's
rulings.
'Although the Employer does not admit that it is engaged in commerce
within the meaning of the Act, we find that it is so engaged and that it
would effectuate the policies of the Act to assert jurisdiction herein in view
of the stipulation of the parties that the Employer, a Florida corporation,
is engaged in the business of motor truck transport , having its principal
office and place of business, at Miami , Florida The Employer operates
terminals in several cities, some of which are located in States other than
178 NLRB No. 21
ALTERMAN TRANSPORT LINES 123
2. The Petitioners claim to represent certain
employees of the Employer, and are labor
organizations within the meaning of Section 2(5) of
the Act.'
3. Questions affecting commerce exist concerning
the representation of certain employees of the
Employer within the meaning of Sections 9(c)(1)
and 2(6) and (7) of the Act.
4. The Petitioner in Case 12-RC-2955 seeks, at
Employer's Miami terminal, a unit of:
City drivers" and warehousemen,' excluding all
road drivers, mechanics, office and clerical
personnel, supervisors and guards as defined in
the Act.'
The Petitioner in Case 12-RC-2995 seeks, at
Employer's Tampa terminal, a unit of:
City pickup and delivery drivers, dockmen, and
yardmen, excluding shop employees.'
The Petitioner in Case 12-RC-2999 seeks, at
Employer's Orlando terminal, a unit of:
All city pickup and delivery drivers, warehouse
and dock employees, hostlers and yard employees,
excluding all clerical and office employees,
over-the-road drivers, secretaries, confidential
secretaries, guards, mechanics, salesmen,
dispatchers, and supervisors as defined in the Act.
Although the Petitioners have couched their
requests for separate single units of employees at the
Miami, Tampa, and Orlando terminals in somewhat
different language, it is clear from the record that
each Petitioner contends that a separate unit of
drivers, whether classified as "city" or "local"
drivers,t0 including dockmen, is appropriate at each
terminal. Petitioners assert that these employees are
all hourly paid, they are supervised by supervisors at
the local terminals, and their work stations are
limited to the geographic area of the individual
terminals. Additionally, the Petitioners contend that
the salaried drivers, whether classified as "state" or
"ATL" drivers, and the owner-operators and their
helpers should be excluded from the units in view of
their different working conditions, since they are
under the control of the Employer's central dispatch
Florida. During the past year it derived in excess of $50,000 from its
operations within Florida, and revenue in excess of $50,000 from its
operations outside of the State of Florida.
'The Employer refused, at the hearing , to stipulate that Freight Drivers,
Warehousemen and Helpers Local Union 390, an affiliate of the
International Brotherhood of Teamsters , is a labor organization within the
meaning of the National Labor Relations Act, as amended . As the record
shows that Local 390 exists for the purpose of negotiating with employers
on behalf of employees concerning wages, hours , and other working
conditions and admits employees to membership, we find that it is a labor
organization within the meaning of Sec 2(5) of the Act
'Throughout the hearing , the Petitioner and the Employer, when
referring to city drivers, also described them as local drivers.
'Although the Employer denied at the hearing that he employed
warehousemen , the record indicates that the parties intended this term to
encompass the dockmen employed by the Employer
'The petition was amended at the hearing by adding "city drivers and
warehousemen employed at Miami , Florida "
'Petitioner amended its unit request at the hearing to exclude shop
employees.
office in Miami, and they operate primarily
over-the-road between terminals within and without
the State of Florida. The Employer contends that
the only appropriate unit is an overall unit
consisting of all six of the Employer' s terminals in
Florida including all drivers, dock workers, plant
clericals, wash rack employees, steam men , hostlers,
and yard men located at these terminals. In the
alternative, the Employer proposed that all of the
above personnel at any single terminal would be the
smallest unit the Board could find appropriate.
There is no history of collective bargaining at any of
the terminals involved herein."
The Employer is engaged as a motor common
carrier over irregular routes in the transport of
commodities which for the most part are perishable.
It is certificated by the Interstate Commerce
Commission and the Florida Public Service
Commission.12 There are six terminals in Florida
located at Pensacola, Tallahassee, Jacksonville,
Orlando, Tampa, and Miami. The Employer also
has terminals in Atlanta, Georgia; Dallas, Texas;
Omaha, Nebraska; Philadelphia, Pennsylvania; New
York, New York; Boston, Massachusetts; and
Chicago, Illinois. All terminals are linked by a
teletype system. Trucks are dispatched for local
pickup and delivery by the individual terminals.
Central dispatch, located adjacent to the Miami
terminal, dispatches trucks bound out-of-State or
operating between terminals within the State of
Florida. Drivers who are operating over-the-road
on out-of-State runs, or between terminals within
the State call in to central dispatch for instructions
on runs. Local drivers get their instructions by
contacting their city dispatch office located at each
terminal.
The focal point of the Employer's operations is
Miami where management and central dispatch are
located, and where freight movements and personnel
are directed. The Miami general office handles all
sales, claims, tariffs, billing, payrolls, personnel
problems, company supplies, driver qualification and
training policies, hire and discharge." The Employer
asserts that central dispatch must coordinate freight
movements between various Florida terminals to
promote efficiency and to comply with various
regulations.
The breakdown of the freight handled by the
Employer between terminals and out-of-State is
based on truckload shipments, hereinafter called TL,
so designated because of the rate charged and
"Hereafter , all references to "local" drivers herein shall include all of
those drivers who are hourly paid and who drive within the geographic
area of a specific terminal.
"The Employer currently has separate agreements with the locals of the
Teamsters covering its Chicago , New York, and Philadelphia terminals.
"In the summer of 1968 the Florida Public Service Commission
authorized the Employer to begin the transportation of general freight
(nonfood items ) in the southern peninsula of Florida.
"Terminal managers hand out employment applications , interview, and
recommend hiring or discharge . They are authorized to suspend employees
subject to final disciplinary determination by Miami.
124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
commodity weight, and less than truckload
shipments hereinafter called LTL. In those instances
where both TL and LTL shipments are picked up at
the same place, the truck will return to the terminal,
and after the LTL is pulled off, the TL is delivered.
Where both TL and LTL commodities are destined
for the same general area the truck making the
delivery will bypass the terminal and make both
deliveries. Cargo entering the State of Florida on
trucks with LTL loads must always report to the
terminal in the city where the freight is to be
delivered.
Freight is picked up and delivered on a local basis
by the Employer's hourly paid drivers. Such freight
may be destined for local delivery or it may be
loaded on a truck destined for delivery by salaried
or owner-operators to another terminal either within
or without the State of Florida.
An undetermined amount of the Employer's
perishable freight is picked up and delivered at
various air terminals. Scheduling of the drivers and
equipment necessary to meet the airplanes is crucial
since the cargo planes are not equipped with
mechanical refrigeration. The Employer contends
that all classifications of drivers are used with
regularity to handle air freight.
The Employer is also engaged in the operation of
moving perishables to and from ship piers. Central
dispatch controls the dispatch of drivers and trucks
to begin the loading or unloading of commodities
when a ship arrives at the pier. Such shipments, the
Employer asserts, occur on a regular basis and
require the dispatching of whatever trucks and
drivers are available to conduct the operation.
Freight is also moved between the Employer's
terminals by way of a relay operation in which two
or more trucks coming from separate terminals
meet at some predetermined point between terminals
and exchange trailers or both tractors and trailers
and return to their home terminals. The Employer
asserts that all classes of drivers engage in this
operation to expedite transfers, but that
owner-operators are used sparingly.
Another manner in which the Employer moves
freight is by piggy-back operation. This involves the
loading of trailers on railroad cars for transport to
various locations. This procedure is used to expedite
freight movements only when drivers and equipment
are already committed to other assignments, and is
often required in connection with pier movements.
Again the Employer asserts that all drivers are used
in this operation.
One form of freight delivery is described as a
"peddle run." This operation involves the delivery of
freight to various customers from the same trailer
without any intermediate pickups of commodities.
Purportedly all drivers participate in this operation.
Still another Employer method of transporting
freight is described as a "double-bottom" operation.
This operation involves a single tractor hauling two
connected trailers. This method is presently
authorized only on the Sunshine State Parkway in
Florida. The Employer asserts that the drivers
engaged in this operation must have a 5-year
accident-free record, and therefore selections have to
be made from all driver classifications.
Each terminal in Florida is basically the same and
includes a vehicle parking area, office building, dock
area, and several rooms used as a freezer, chill room
and cooler to protect foods awaiting shipment or
delivery.
Each terminal has a terminal manager, an
assistant terminal manager at some terminals, one
or more dispatchers, several dock foremen and other
personnel such as rate clerks, bill clerks, O.S.& D.
clerks,'" cashiers, and checkers. Dockmen and
drivers of all classifications, and some part-time
employees are also located at each terminal. Only
light repair work on trucks is performed at each
terminal, except Miami, which is equipped to handle
major truck and trailer repairs. Each terminal has
its own tractors, trailers, straight trucks and
automobiles in addition to various other equipment
required to facilitate the handling of freight. There
are certain specified geographic areas covered by
each terminal city, although there is necessarily a
certain amount of overlapping of deliveries in each
terminal area.
The terminal managers supervise the employees
and the terminals in their day-to-day operations
pursuant to the overall policies and dictates of
general management in Miami. They are responsible
for the daily movement of freight at their terminals,
and must regulate local pickup and delivery service
to meet the needs of the customers in their terminal
areas; although all final hiring and discharging must
be approved by Miami, the terminal managers may
hand out job application forms, conduct job
interviews, make recommendations accompanying
application forms, on occasion put a driver to work
on a temporary basis until Miami grants final
approval, and they regulate the workday of
employees and send them home when there is no
work to be done. Terminal managers have the
authority to discipline employees by immediate
suspension. Whatever functions are required to be
performed for the Employer within a given terminal
area must be coordinated by the terminal manager.
The Employer classifies its drivers throughout its
operations as follows:
1. Hourly paid drivers, classed as B (after
fulfillment of 1-year of service), B+or A.
2. Salaried driver (State or ATL driver).
3. Owner-operator driver (paid a percentage of
the gross revenue of the freight carried).
These classifications, the Employer contends, are for
payroll and promotion purposes and are not
intended to indicate a grouping by job requirements.
All of the Employer's drivers are bonded, and all
are required to have a physical examination and
"Overages, shortages , and damages clerk.
ALTERMAN TRANSPORT LINES 125
secure a health certificate pursuant to Interstate
Commerce Regulations Drivers of all classifications
are required by the Department of Transportation to
maintain log books if they drive in excess of 50
miles from their terminals Nearly all drivers assist
in loading and unloading their own freight
Employees who have no driving experience when
they are hired are assigned to dock work If they
display any interest in driving they can progress to
the several B, B+, and A classifications of the hourly
drivers after completing the qualifying examinations
All drivers are covered by company insurance
policies, including life and liability insurance, are
eligible for the services of the credit union located in
Miami, and sick pay benefits are uniform for all
classifications Drivers receive their paychecks at
their local terminals, irrespective of their
classification
Wages paid each class of drivers are different In
addition, all dockmen in Miami receive 5 cents an
hour more than the dockmen at other terminals
Dockmen punch clocks, they load and unload
freight, and on occasion engage in some truck
driving Dockmen are paid less than hourly drivers
Hourly drivers punch a time clock at their respective
terminals and they are guaranteed 40 hours of work
every week They also report pursuant to work
schedules posted at each terminal The Employer's
salaried drivers receive a fixed salary, plus
20-cents-per-freight drop and one-half cent for each
mile they drive computed on a monthly basis
Owner-operators are paid a percentage of the
revenue earned by their tractors and trailers and
they are paid at the end of each round trip they
make I5
Hourly drivers for the most part confine their
pickup and delivery activities to the geographic area
served by their respective terminals Although some
hourly drivers have engaged in relay operations and
travel to other terminals, they do this only
infrequently Sidney Alterman, the president of the
Employer testified, with respect to all the Florida
terminals, that only approximately 25 hourly drivers
in 12 months have transferred to other terminals,
and these transfers were primarily at the request of
the drivers The primary function of the hourly
drivers is to perform pickup and delivery work
within the geographic area of their terminals
Hourly drivers are dispatched on a daily basis by
the city dispatch office located in each terminal
They make all of their check calls to the city
dispatch office The hourly drivers at the Miami
terminal make runs that may entail driving more
than 100 miles from their terminal At Tampa, the
hourly drivers also may drive in excess of 100 miles
distance from the terminal on runs designated as the
"far east run," the "near east run," and the "north
run" The hourly drivers at Orlando serve the
central Florida area The hourly drivers at all 3
"The parties stipulated that the owner operators are employees
terminals in issue herein return to their respective
terminals in the evening and do not make overnight
trips For the most part, hourly drivers use straight
trucks, and single-axle tractors and trailers, and
their tractors are not generally equipped with
sleeping accomodations 16 Clearly, not all hourly
drivers are qualified to drive the various types of
tractors owned and operated by the Employer
Hourly drivers are not assigned to the same trucks
on a regular basis, and they perform their runs with
whatever equipment is available
The Employer's salaried drivers, like the local
drivers, achieve their status by experience and by
passing written and driving tests given by the
Employer with respect to tractors and trailers Only
on rare occasions do salaried drivers ever drive
straight trucks Salaried drivers are the primary
responsibility of central dispatch in Miami They
make their check calls while out on the road to
central dispatch Their primary duty is to transport
the Employer's freight from terminal to terminal,
and to travel out-of-State The record indicates that
they engage in many overnight trips during the
course of a year When salaried drivers report to a
terminal, they do so with the anticipation that they
might have to make an overnight trip Customarily,
the salaried drivers are assigned to the same tractor
for their trips Whatever local pickup and delivery
service is performed by the salaried driver is only a
secondary function
The Employer's owner-operators lease their
tractors or tractor-trailer combinations to the
Employer Their primary function is to transport
freight between terminals within the State as well as
out-of-State They are directed by and are
responsible to the central dispatch office in Miami
When they make their check calls on the road they
call central dispatch At the end of each round trip,
the Employer compensates the owner-operator For
the most part, they are engaged in overnight trips
There is evidence that owner-operators may be
charged for freight, they do not deliver to a
customer Only during peak periods or when their
equipment is broken down do owner-operators drive
straight trucks Owner-operators, as well as salaried
drivers, may be dispatched by terminal managers
only with permission from central dispatch
Although the salaried drivers and the hourly drivers
are entitled to paid vacations, the owner-operators
do not receive vacation pay
The Employer contends that only a state-wide
unit including its 6 terminals in the State of Florida
can be appropriate, since the Employer's Florida
terminals and personnel are part of a business
operation that is separate and distinct from the
Employer's operations in other States There is
central control of supervision, labor relations, hiring,
"Although some tractors used on local pickup and delivery have sleeping
accommodations in the cab these accomodations are neither needed nor
used on local runs and for the most part these tractors are old ones that
are no longer dependable for long trips
126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and uniformity of working conditions and employee
benefits.
We disagree. The Board has often held that
single-terminal units are presumptively appropriate."
The reasonableness of a single-terminal finding
becomes quite clear in circumstances as herein
where the Employer's terminals in Miami, Tampa,
and Orlando are separated by as much as several
hundred miles. Although there is much
centralization of the Employer's operations, we find
that there is a sufficient degree of autonomy vested
in the managers of separate terminals to support the
appropriateness of single-terminal units. The
terminal manager must exercise independent
judgment with respect to the work schedules of the
employees at the terminal, he must make
determinations with respect to the suspension of
employees, he must service the customers in a
satisfactory manner by meeting their special delivery
needs, he must anticipate and prepare for certain
peak periods in freight handling, and he is
ultimately responsible for the dispatch of the local
drivers and for the flow of freight at the terminal.
Accordingly, we find that separate single-terminal
units located in Miami, Tampa, and Orlando, are
appropriate.
With respect to the composition of the units, it
appears that there are some factors herein that lend
support to the Employer's alternative contention
that an appropriate unit at each terminal should
include salaried drivers and owner-operators with
the local hourly paid drivers. The Employer asserts
that the salaried drivers, owner-operators, and local
hourly paid drivers have some common interests in
their daily employment since they are part of a
statewide network of terminals that are centrally
controlled and managed, they all use the same
nonmotorized equipment in their daily activities,
they all haul common products, all receive their pay
from the Miami general office, all drivers are
subject to identical policies and government
regulations, and none of the drivers have a right to
refuse work. However, we find that these factors are
not controlling and do not compel a finding that
such a unit is the only appropriate unit.
The record supports a finding that the local
hourly paid drivers have a separate community of
interests from that of both the salaried drivers and
the owner-operators the Employer seeks to include
in the unit. As noted above, the local hourly paid
drivers confine their pickup and delivery activities to
the geographic area served by their respective
terminals; they punch a time clock; they are
guaranteed 40 hours a week; they seldom travel to
the Employer's other terminals in the State of
Florida; they are not scheduled to go out-of-State
and make no overnight runs; they do not
interchange or rotate with salaried drivers or
owner-operators. The company president testified,
"Groendyke Transport, Inc, 171 NLRB No 143
with respect to all the Florida terminals, that there
have been only 25 local drivers transferred to other
terminals within a period of 12 months and most of
these have been pursuant to the employees' requests;
they are supervised and dispatched by their local
terminals; they have their regular runs and report
pursuant to a posted schedule; only local hourly
paid drivers are classified as B,'BI+or A drivers; the
equipment they drive is limited for the most part to
straight trucks and nonsleeper tractor-trailers; many
local hourly paid drivers are not qualified to drive
over-the-road tractors.
On the other hand the salaried drivers and
owner-operators are supervised and dispatched by
central dispatch in Miami; their rate of
compensation is higher and they do not punch a
time clock; salaried drivers receive a salary, plus 20
cents for each drop of freight they make and, in
addition, receive one-half cent per mile for each mile
drive during the month. Owner-operators receive a
percentage of the gross revenue they carry. Both
owner-operators and salaried drivers travel from
terminal to terminal within and without the State;
they make frequent overnight trips; they can be
dispatched by city dispatchers and terminal
managers only at the direction of central dispatch in
Miami; , they make local pickups and deliveries only
as incidental to their over-the-road runs.
On the basis of the foregoing, we find, contrary to
the contentions of the Employer, that the local
hourly paid drivers and dockmen have a sufficient
community of interest separate and apart from the
salaried drivers and owner-operators, in view of the
different duties and functions, separate supervision,
and different bases of payment to warrant the
establishment of separate units."
The parties agree that the dockmen belong in the
units. However, contrary to the Petitioner, the
Employer would include the following:
Checkers-Miami: The Petitioner contends that
they are supervisors. Their duties are to check
freight which is loaded and unloaded at the terminal
dock, they direct the movement of freight within the
terminal with an assigned two or three man crew,
and they are supervised by the dock foreman.
Checkers have no authority to hire, fire, discipline,
suspend, or make recommendations. Moreover,
drivers are sometimes used as checkers. On the basis
of these facts, we find that the checkers are not
supervisors and we shall include them in the unit."
General garage employees - Miami: These
employees are located in the general garage which is
located adjacent to the Miami terminal. They are
engaged in shop and service work. They are under
separate supervision. As it is clear that these
employees have separate supervision, and they have
"Georgia Highway Express, Inc, 150 NLRB 1649
"Although the parties stipulated that checkers were supervisors before
the three petitions were consolidated , the record indicates that the parties
remained in disagreement, and the issue was further litigated. In view of
the overall record we find that the checkers are not supervisors
ALTERMAN TRANSPORT LINES 127
skills and interests substantially different from
employees in the unit, we shall exclude them from
the unit.
Wash Rack Men-Miami: These employees wash
trucks, trailers, and place racks and meat hooks in
trailers to prepare them to haul large pieces of
meat. On occasion they move trucks around the
yard. These employees have duties and interests
substantially different from those of the other
employees sought by the Petitioner; we shall
therefore exclude them from the unit.
Overages, Shortages and Damages Clerk (O.S &
D.) Bill Clerk, Rate Clerk, Cashier -Miami: The
employees in these jobs have some contact with the
drivers and dock men at the terminal. However, as
they are primarily office clericals who lack a
community of interest with the drivers and
dockmen, we shall exclude them from the unit.
Part-time employees-Miami: There are 25 to 30
employees who work 1, 2, or 3 days per month.
Most of these employees are hired off the street for
loading or unloading a specific truck. They are paid
as soon as they complete the work on the truck. It
is clear that these part-time employees do not have
sufficient interests in common with the other
employees to warrant their inclusion in the unit but
are merely casual employees such as the Board
uniformly excludes. We shall therefore exclude
them.
However, another group of employees regularly
work on Saturdays and Sundays at the terminal
performing dock work. Another group of employees
work 3 days per week on a part-time basis doing
dock work. As the record shows that these
employees are employed on a regular part-time
basis, we shall therefore include them in the unit.
O. S. & D. clerks-Tampa: One clerk spends the
majority of her time doing O.S. & D. work. Since
her duties are similar to the O.S. & D clerk in
Miami, we find that she lacks a community of
interest with the employees in the unit; we shall
exclude her from the unit.
However, one O.S. & D. clerk spends 50 percent
of his time in O.S. & D. work and about 50 percent
of his time in freight handling, checking, and
shunting trailers around the yard. We find that he
has sufficient interest in the unit's conditions of
employment to be included in the unit; we therefore
shall include him in the unit.20
Shop employees -Tampa: These employees
perform various service and maintenance tasks.
There are several mechanics and one wash rack
employee who works in a separate building. The
employees performing these jobs have interests
substantially different from those of the employees
in the unit sought; we shall therefore exclude them
from the unit.
Shop employees-Orlando: The employees in these
jobs work in the service department. There is
"Berea Publishing Co, 140 NLRB 516
evidence that one shop employee spends some
working time each week performing dock work and
spotting trailers. The employees performing these
jobs have skills and interests substantially different
from those of the other employees included in the
unit; we shall exclude them from the unit.21
Day dock foreman - Orlando: This employee
directs other employees in the loading and unloading
of trucks, he is in charge of all dock work, and he is
authorized to instruct employees to punch out at the
end of the work day. On these facts, we find that
the day dock foreman responsibly directs the work
of the dock employees, and we exclude him from the
unit.
Night dock foreman - Orlando: This employee
routes trucks and spends some of his time physically
loading and unloading trucks himself. He also
makes assignments of work to dock employees
during several hours on Saturday nights when he is
the sole person of authority at the terminal. On
these facts, we find that the night dock foreman
responsibly directs the work of the drivers and
dockmen, and we exclude him from the unit.
Part-time employees - Orlando: All dockmen at
the Orlando terminal are part-time employees and
all are in the Armed Services. All work on a
regularly scheduled basis each week. As the record
shows that these employees are employed on a
regular part-time basis, we shall include them in the
unit.
In view of the foregoing, we find that the
following employees of the Employer constitute
separate appropriate units for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
All hourly paid local and city pickup and delivery
drivers, and dockmen, checkers, yardmen, hostlers,
and regular part-time dockmen employed at each of
the Employer's terminals located in Miami, Tampa,
and Orlando, Florida, but excluding all general
garage employees, shop employees, wash rack
employees, office clericals, casual part-time
dockmen, dock foremen, all other employees,
guards, and supervisors as defined in the Act.
[Direction of Elections22 omitted from
publication.]
"Member Zagoria would include the shop employee who regularly
performs dock work and spots trailers. Berea Publishing Co, supra
"In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them . Excelsior
Underwear Inc. 156 NLRB 1236; N L.R.B v. Wyman-Gordon Company,
394 U S 759 Accordingly, it is hereby directed that an election eligibility
list, containing the names and addresses of all eligible voters, must be filed
by the Employer with the Regional Director for Region 12 within 7 days
of the date of this Decision and Direction of Elections The Regional
Director shall make the list available to all parties to the election. No
extension of time to file this list shall be granted by the Regional Director
except in extraordinary circumstances. Failure to comply with this
requirement shall be grounds for setting aside the election whenever proper
objections are filed.