American Linen Supply Co., Inc.

National Labor Relations Board - Board Decisions

Dec 21, 1960

129 N.L.R.B. 993 (N.L.R.B. 1960)

AMERICAN LINEN SUPPLY CO., INC. 993
American Linen Supply Co ., Inc.' and Teamsters Local Union
559, an affiliate of the International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America
and Local 201, AFL-CIO, Laundry & Dry Cleaning Inter-
national Union and Local 66, AFL-CIO, Laundry & Dry
Cleaning International Union and Local 66, AFL-CIO, Laun-
dry & Dry Cleaning International Union and Local 66, AFL-
CIO, Laundry & Dry Cleaning International Union and
Teamsters, Chauffeurs, Warehousemen and Helpers, Local
#443 and Teamsters , Chauffeurs, Warehousemen and Helpers,
Local #443 and Chauffeurs , Teamsters , and Helpers Local
Union No. 404, affiliated with International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of America
(Ind.) and International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America , Local 667 and
Food, Beverage and Express Drivers Local Union #145, affili-
ated with the International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America and Milk
Drivers and Dairy Employees ' Union Local No. 338 I.B.T.
and Teamsters Local Union 493, an affiliate of the Interna-
tional Brotherhood of Teamsters , Chauffeurs , Warehousemen
and Helpers of America and Truck Drivers Union, Local #170,
affiliated with the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America2 and
AFL-CIO, Laundry & Dry Cleaning International Union
Local 66 and International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America , Local 677,3
Petitioners. Cases Nos. 1-RC-6056,' 1-RC-6068, 1-RC-6069,
1-RC-6070, 1-RC-6075, 1-RC-6080,5 1-RC-6081, 1-RC-6087,8
1-RC-6088, 1-RC-6089, 1-RC-6090, 1-RC-6094,7 1-RC-6106,8
1-RC-6122, and 2-RC-10948. December 21, 1960
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed under Section 9(c) of the National Labor
Relations Act, a consolidated hearing was held before Joseph C. Barry,
I Employer 's name appears as amended at the hearing.
2 Name of Petitioner appears as amended at the hearing.
' The parties stipulated that the Board should consider the petition in Case No
2-RC-10948 as part of the above -consolidated cases , and it is hereby consolidated.
a Cases Nos. 1-RC-6056 , 1-R-6068 , 1-RC-6069 , 1-RC-6070 , and 1-RC-6075 were
consolidated for hearing by order of the Regional Director dated June 20, 1960
a Cases Nos , 1-RC-.6080 and 1-RC-6081 were consolidated for hearing by order of the
Regional Director dated June 21, 1960.
9 Cases Nos . 1-RC-6087 , 1-RC-6088, 1-RC-6089 , and 1-RC-6090 were consolidated
for hearing by order-of the Regional Director dated June 28, 1960.
7 Case No. 1-RC-6094 consolidated for hearing at the hearing by stipulation of the
parties
8 Cases Nos 1-RC-6106 and 1-RC-6122 were consolidated with Case No 1-RC-6056,
et at , heard on June 30, 1960, by stipulation
129 NLRB No. 121.
586439-61-vol. 129-64
994 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.9
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.
4. The Employer is a corporation engaged in the linen supply and
laundry business . This proceeding involves its New England opera-
tions which are located in Connecticut and Massachusetts.
The Petitioners in Cases Nos. 1-RC-6056, 1-RC-6080, 1-RC-6181,
1-RC-6087, 1-RC-6088, 1-RC-6089, 1-RC-6090, 1-RC-6094, 1-RC-
6106, and 2-RC-10948 seek to represent separate units of outside -\o-ork-
ers at the several locations of the Employer 's laundries and depots in
the New England area and the Petitioners in Cases Nos . 1-RC-6068,
1-RC-6069, 1-RC-6070, 1-RC-6075, and 1-RC-6122 seek to represent
separate units of inside workers at the several locations of the Em-
ployer's laundries or depots in the New England area. The Employer
contends that there should be two units, one for the outside employees
and the other for the inside employees, both on a New England system-
wide basis. The Intervenor contends that the only appropriate unit is
one consisting of all of the outside and inside employees of the Em-
ployer on a New England systemwide basis.
The principal office for the Employer's operations involved is lo-
cated at New Haven, Connecticut , where it also operates a laundry and
drycleaning plant. There are four laundries involved herein : (1)
New Haven laundry and drycleaning plant and its depots at Bridge-
port, Waterbury, and New London, Connecticut; (2) Stamford, Con-
necticut, with a depot at Danbury, Connecticut; (3) Hartford, Con-
necticut , which has no depots; and ( 4) Springfield , Massachusetts,
with depots at Worcester and Pittsfield, Massachusetts.
General administrative policy, such as centralized purchasing, uni-
form wages, hours, and working conditions, control over construction
work, and allocation of territories , is formulated at the central office in
New Haven. Also, as the only drycleaning plant in the operations in-
BAmalgamated Laundry Workers Joint Board (ACWA-AFL-CIO ) herein called the
Intervenor intervened on the basis of a showing of interest
AMERICAN LINEN SUPPLY CO., INC. 995
volved is located at New Haven, the drycleaning from the other plants
is sent to New Haven. This, however, amounts to only 7 percent of
the business done.
The actual operation of the plants and the depots is the responsi-
bility of the general manager at New Haven and the laundry managers
at the other plants. Each plant with its depots is a complete operat-
ing unit in itself. The laundries and depots distribute and collect
laundry and linen supplies, which, in the case of the depots, are sent to
the laundries, which they serve, for washing. Supplies and trucks are
requisitioned from New Haven, and hiring is done by the laundry
managers subject to approval at New Haven. The record does not
show that there is any interchange between employees at the several
laundries (including the depots), and transfers between plants are
rare.
The plants are geographically separated; Springfield, Stamford,
and Hartford are respectively 60, 40, and 35 miles from New Haven.
There has been no significant history of bargaining.
In view of the absence of bargaining history, geographical separa-
tion of the plants, lack of substantial interchange, and the fact that
each plant is a self-contained operating unit, constitutes an adminis-
trative division of each plant, and a certain degree of autonomy in op-
eration, we find that units at each plant will "assure to employees the
fullest freedom in exercising the rights guaranteed by this Act," and
are appropriate. Furthermore, a plant unit is presumptively appro-
priate.10 As the depots are not self-sustained plants and are merely
adjuncts to the plants, we shall include in each plant unit the depots
which serve it.ll
The driver-salesmen deliver linen to customers and pick up their
soiled supplies. The transport drivers and helpers deliver clean items
from the laundry to the depot serving it and pick up soiled items for
return to the laundry. They do not interchange with inside employees.
In accordance with Board policy 12 we find that the driver-salesmen
and transport drivers at each plant together may constitute separate
appropriate units, if they so desire.
The mechanics and servicemen check oil and gas, and may change
tires and do minor repair work. They do not drive, but work in the
garage attached to the plant and are supervised by the plant-chief en-
gineer, who also supervises maintenance employees, such as porters
and greasers. Accordingly, we shall include the mechanics and service-
men in the production and maintenance units.13
10 Temco Aircraft Corporation, 121 NLRB 1085, at 1088
uIndependent Linen Service Company of Missxsseppi, 122 NLRB 1002, at 1005
'a See The Valley of Virginia Cooperative Milk Producers Association, 127 NLRB 785,
and Reachhold Chemicals, Inc, 126 NLRB 619
11 See Chemical Express, 117 NLRB 29
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Petitioners have made no showing of interest for the inside
workers in Stamford and Danbury, one of the voting groups herein-
after found appropriate. For this reason , the Petitioners' names will
be omitted from the ballot concerning this unit, but, as the showing of
interest made by the Intervenor, is sufficient to support the petition as
a petitioner, we shall treat the intervention as a cross petition.14
The Petitioners' Teamsters Locals have indicated that they wish to
be considered as joint petitioners if the Board should find appropriate
units of outside employees other than separate units of plants and
depots. Some of the units found appropriate include employees for
which more than one petition has been filed and showing made by
more than one Teamsters Local. In those elections, the appropriate
locals shall be designated as joint petitioners.
Local 201, AFL-CIO, Laundry & Dry Cleaning International
Union, filed a petition for a unit of inside workers at New Haven.
Local 66, AFL-CIO, Laundry & Dry Cleaning International Union,
filed for the same group of employees at the depot at New London. As
the employees at these two locations will be included in a unit en-
compassing employees at these two locations together with those at
the depots at Bridgeport and Waterbury, we shall place these two
locals on the ballot jointly in both group la and group 1b.15 If they
desire to withdraw from participation in the election in the voting
groups at New Haven, they may do so upon prompt notification to
the Regional Director.
We shall also place Local 66, Laundry & Dry Cleaning International
Union, AFL-CIO, on the ballot for the drivers' voting groups in
groups 3b and 4b,1e with permission to withdraw upon prompt notice
to the Regional Director.
We shall direct elections in the following eight groups of employees
of the Employer, excluding from each group, as stipulated by the
parties, all salesmen, route supervisors, and retail store employees and
office clerical employees, guards, professional employees, and all super-
visors as defined in the Act :
Group Ia: All production and maintenance employees at the Em-
ployer's laundry at New Haven, Connecticut, and its depots at Bridge-
port, Waterbury, and New London, Connecticut, including garage
mechanics and servicemen, but excluding routemen, transport drivers,
and helpers.
14 The Borden Company, 120 NLRB 1447, at 1449 , and cases cited therein
15 Reachhold Chemicals , Inc., supra, and see footnote 16, below.
10 Local 66 has not indicated that it desires to participate in the separate elections in
voting groups 3b and 4b However , because the drivers in these voting groups are appro-
priately a part of the production and maintenance groups, should they reject separate
representation, and because they should be afforded an opportunity to decide whether they
desire to be represented in such groups by Local 66 , we shall place this union on the
ballots in voting groups 3b and 4b. Independent Linen Service Company of Mississippi,
supra, footnote 12.
AMERICAN LINEN SUPPLY CO., INC. 997
Group 1b: All routemen and transport drivers and helpers, exclud-
ing all other employees employed by the Employer at its laundry in
New Haven and its depots in Bridgeport, Waterbury, and New Lon-
don, Connecticut.
Group 2a: All production and maintenance employees at the Em-
ployer's laundry in Stamford and its depot in Danbury, Connecticut,
including garage mechanics and servicemen but excluding routemen,
transport drivers, and helpers.
Group 2b: All routemen, transport drivers and helpers, excluding
all other employees employed by the Employer at its laundry in Stam-
ford and its depot in Danbury, Connecticut.
Group 3a: All production and maintenance employees at the Em-
ployer's Hartford, Connecticut, laundry, including garage mechanics
and servicemen but excluding routemen.
Group 3b: All routemen, excluding all other employees employed
by the Employer at its laundry in Hartford, Connecticut.
Group 4a: All production and maintenance employees at the Em-
ployer's laundry in Springfield and its depots in Worcester and Pitts-
field, Massachusetts, including garage mechanics and servicemen but
excluding routemen, transport drivers and helpers.
Group 4b: All routemen, transport drivers, and helpers excluding
all other employees employed by the Employer at its laundry in
Springfield, and its depots in Worcester and Pittsfield, Massachusetts.
5. If a majority of the employees in any of the separate driver
groups (groups 1b, 2b, 3b, and 4b) select the Teamsters, that group
will be taken to have indicated its desire to constitute a separate unit,
and the Regional Director conducting the election is hereby instructed
to issue a certification of representatives to the Teamsters Local (or
Locals jointly as the case may be).
If, however, a majority of any such driver group does not vote for
the Teamsters Local, such group will be appropriately included with
the production and maintenance group at the same location (groups
la, 2a, 3a, and 4a), and their votes will be pooled with those in the pro-
duction and maintenance group at the same location." In such event,
the Regional Director is instructed to issue a certification of repre-
sentatives to the labor organization, if any, selected by the majority
of the employees in the particular group, which unit the Board, in such
circumstances, finds to be appropriate for purposes of collective
bargaining.
[Text of Direction of Elections omitted from publication.]
"If the votes are pooled, they are to be tallied in the following manner, The votes
for the labor 'organizations seeking separate units in groups 1b, 2b, 3b, and 4b, shall be
counted as valid votes but neither for nor against the labor organizations seeking to
represent the production and maintenance unit; all other votes are to be accorded their
face value, whether for representation by the unions seeking the more comprehensive
group or for no union.