Charrette Drafting Supplies Corp.

National Labor Relations Board - Board Decisions

Jul 31, 1985

275 N.L.R.B. 1294 (N.L.R.B. 1985)

1294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Charrette Drafting Supplies Corporation r and Local
810, International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of
America , Petitioner . Case 2-RC-19674 • -
31 July 1985
DECISION ON REVIEW AND ORDER
BY CHAIRMAN DOTSON AND MEMBERS
-HUNTER AND DENNIS
On 2 February. 1984 the Regional Director for •
Region.2 issued a Decision and Direction of Elec-
tion in the above-entitled proceeding in which he
found appropriate a unit of all full-time and regular
part-time operations employees employed by the
Employer at its 215 Lexington Avenue, New York,
New-York facility.' In so doing , the Regional Di-
rector rejected the Employer's contention that a
unit limited to such employees was inappropriate.
In accordance with Section 102.67 of the Board's
Rules and Regulations, the Employer filed a timely
request for review of the. Regional Director's deci-
sion. The Employer alleged that the Regional Di-
rector's decision contained erroneous findings of
fact and clearly departed from Board precedent
and policy. -
By telegraphic order dated 5 March 1984, the
Board (former Member Zimmerman, dissenting)
granted the Employer's request for review.2 There-
after, the Employer filed a-brief on review. .
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has reviewed the entire record in this
case3 and makes the following findings..
The Employer is engaged in the retail sale of ar-
chitectural , and engineering art supplies • at its 215
Lexington Avenue (33rd Street) and 212 E. 54th
' The specific unit the Regional Director found appropriate is as fol-
lows
All full-time and regular part-time operations employees employed
by the Employer at its facility at 215 Lexington Avenue, New York,
New York, including drivers, truck helpers, messengers, order pick-
ers, general warehouse workers, receiving clerks, service representa-
tives (repairmen ), receiving/inventory coordinators , quality - control
coordinators, order production coordinators, back order coordina-
tors, maintenance employees (porters), excluding all other employ-
ees, retail and sales clerks , service employees , field salesmen, tele-
phone customer servile employees , guards, and supervisors as de-
fined in the Act -
Pursuant to the parties ' agreement , the Regional Director permitted the
dispatcher to vote subject to challenge
z An election was conducted 8 March 1984, and the ballots were im-
pounded pending the Board's Decision on Review
s The parties stipulated that the record consists of the evidentiary
record in a prior, representation case, Case 2-RC-19171, including the
prior case 's transcripts , exhibits, briefs, memoranda , statements of posi-
tion, motions, stipulations , and decisions of the Regional Director and the
Board The parties also stipulated 'that there have been no significant
changes in the Employer 's operation since the prior proceeding that
would affect the unit determination in the instant case
Street (54th Street) facilities in New York, New
York. The Petitioner seeks to represent a unit limit-
ed to the Employer's operations department _ em-
ployees employed at the 33rd Street store' The
Employer contends that such a unit is inappropri-
ate because the 33rd Street store is a highly inte-
grated operation in which the operations and sales
employees share a community of interest, and be-
cause of the centralized and integrated business re-
lationship of the 33rd Street and 54th Street stores.
There is no history of collective bargaining for the .
petitioned-for employees.
There are approximately 68 employees at the
Employer's two New York stores, which-are locat-
ed a little over. a mile apart. Until February 1981
the 54th Street store was the Employer's only New
York store. The 33rd Street store was opened at
that time and is now the Employer's main New
York facility. The Employer is a subsidiary of
Charrette Corporation of Woburn, Massachusetts,
which establishes the minimum and maximum
levels of stock to be carried by each store, sets
standard prices throughout the Company, maintains
formal records for the stores, negotiates leases, and
sets store' hours. The merchandise the two .New
York stores sell is sent from' Woburn to the 33rd
Street'store. The 54th Street store receives its mer-
chandise from the 33rd Street store. Henry Levy,
the Employer's general manager , oversees both
stores' operations, and acts as liaison with Char-
rette Corporation in Woburn.
Employees at the 33rd Street store are divided
into five areas, including (1) operations;-which con-
sists of approximately 20 inventory control, stock,
receiving, order pulling, order packing, shipping
and delivery employees; (2) retail sales (approxi-
mately 11 employees); (3) telephone customer serv-
ice employees (approximately 5 'employees); (4)
outside sales representatives (approximately 3 em-
ployees); and (5) office clericals.4 The 54th Street
store employs approximately 13 retail sales employ-
ees and 3 operations employees.
Each store has a store manager and an assistant
store manager who supervise the retail clerks. The
operations manager supervises the operations em-
ployees at the 33rd Street store as well as the pro-
cedural work of the operations employees at the
54th Street store. The 54th Street. operations em-
ployees are also under the onsite supervision of -the
54th Street store manager. The telephone customer
service manager supervises the telephone customer
service employees. at the 33rd Street store. A sales
4 The parties stipulated that office clerical employees should be ex-
cluded from any unit found appropriate
275 NLRB No. 177
CHARRETTE DRAFTING SUPPLIES 1295
manager in Woburn supervises the outside salesper-
sons.
Bulk storage is located in the 33rd Street store
basement . The basement also contains a soda ma-
chine, a coffee dispenser, and an employee lounge
and locker area. The street level contains the retail
sales area and storage area for many small items.
The loading dock is also on the street level. The
second level contains the administrative offices and
is the base of operations for the telephone sales em-
ployees.
1. The Regional Director found a separate unit
of the Employer's 33rd Street operations employ-
ees appropriate. In concluding that this separate
warehouse-type unit was appropriate, he found the
evidence established that the operations employees
are under the separate supervision of the operations
manager, they punch in and work in the basement
of the 33rd Street store, apart from other employ-
ees, and there has been no interchange between op-
erations employees and other employees since the
33rd Street store opened. The Regional Director
found that "the degree of work contact between
operations employees and other employees is in the
main incidental to the performance of the primary
duties of the operations employees in the basement,
and of the other employees elsewhere." The Re-
gional Director concluded that the operations em-
ployees at the 33rd Street store share a community
of interest distinguishable from the interests of the
Employer's other employees and thus constitute an
appropriate unit. We disagree.
In A. Harris Co., 116 NLRB 1628 (1956), the
Board set forth three conditions under which it
would find separate warehouse units, as opposed to
storewide units, appropriate in the retail industry:
(1) the warehouse operation must-be geographical-
ly separated from the retail store operations; (2)
there must be no substantial integration of ware-
house employees with other employees in perform-
ing their ordinary duties; and (3) the warehouse
employees must be supervised separately.5
In Roberds, Inc., 272 NLRB 1318 (1984), the
Board stated that "[i]n our view the A. Harris con-
ditions have continuing viability and we shall con-
tinue to adhere to them."6 Analyzing this case
under A Harris, we find none of its three,require-
ments are met. -
The Board in Roberds rejected a ,broad interpre-
tation of geographic separation as meaning separate
primary work areas within a,common facility, and -
5 In Sears Roebuck & Co, 117 NLRB 133 (1957), the Board stated that
separate warehouse units in the retail store industry will be found appro-
priate only when all three A Harris conditions are met
6 Accord Salem Furniture , 272 NLRB 1321 (1984), NAPA Columbus
Parts Co, 269 NLRB 1052 (1984)
stated that to be geographically separated within
the meaning of A. Harris, warehouse employees
must' perform substantially all their work tasks in
buildings-- geographically removed from those in
which the bulk of the other employees work.? In
the instant case , the Employer's 33rd Street store
consists of three floors. Although much of the op-
erations employees' work is performed in the.base-
ment, operations employees spend a, substantial
amount of time on the street level. For example,
order pickers, or pullers, spend more than a half
hour each day -pulling stock to fill orders from
both the basement and the street level, including
the sales floor, where items such as pressure graph-
ics materials are stored. They also occasionally go
to the third floor to clarify orders. Inventory em-
ployees spend about 1 to 2 hours each day working
on the sales floor because many of the items are
stored only in that area. The stock person works
half his time in the basement and half on the street
level sales floor, where, he organizes and fills in
stock. Receivers occasionally go to the sales floor
to deliver merchandise from the loading dock. The
porter spends time in all, areas -performing mainte-
nance functions. Drivers also occasionally go to
the-main store to obtain cash from the store manag-
er. Warehouse clericals work both in the basement
and the third floor.
There was -also , evidence that sales clerks, ex-
cluded from the unit the Regional Director found
appropriate , spend time in the basement pulling
merchandise stored in the basement to fill customer
orders or to fill in depleted stock on the retail sales
floor. They also go to the basement to expedite
customer pickup orders. Telephone sales employees
also occasionally go to the basement to clarify
orders. Outside sales employees also visit the base-
ment about three times a week. Sales employees
use the soda machine, coffee dispenser, lockers, and
lounge located in the basement.
The operations area is not geographically sepa-
rate from the retail sales area within the meaning
of A. Harris and Roberds. The operations area is
not in a geographically distinct building as Roberds
requires. The sales and operations departments are
located in a- common facility. There is evidence
that operations employees perform their job duties
in other areas of the store and other employees
perform some of their duties in the operations area.
There is substantial integration of operations em-
ployees with other employees in performing their
duties.-, Operations. employees and sales employees
have a great deal of interaction and communication
both in person, as described above, and by tele-
Roberds at 1319
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
phone . Inventory clerks answer sales employees'
questions concerning the availability and location
of stock. Telephone sales employees call operations
employees to ask about stock status. Pickers work
with sales clerks concerning the location of mer-
chandise . Operations employees assist outside sales
representatives in pulling stock from the basement
to use as samples or to give to customers. The
stock person answers questions from sales clerks
about the availability of merchandise. Shipping em-
ployees discuss delivery scheduling with sales em-
ployees. Operations employees assist the retail sales
clerks by giving information about the arrival of
merchandise.
Operations and sales employees occasionally per-
form each other's functions. For example, the stock
person acts as, a sales person at least onc' a week,
discussing merchandise with customers when the
sales clerks are busy . Retail sales clerks act as pick-
ers, pulling merchandise to fill customer orders,
and operations employees assist in locating mer-
chandise. According to the' Employer's general
manager , "[e]verybody can do any job. They can
go down and pull stock. They can go fill . orders."
One of the sales clerks 'occasionally drives a truck.
There were also five instances between, February
1981 and the hearing in October 1981 of employees
transferring between operations and sales.
General Manager Levy testified that he holds
weekly meetings to discuss personnel matters with
a random selection of operations and sales employ-
ees from both the 33rd Street and 54th Street
stores. The starting wage rate for telephone sales,
retail sales , and most , of the operations employees is
approximately the same. All employees receive the
same benefits, such as holidays, vacations, life in-
surance, and medical and dental plans. All employ-
ees eat lunch and take breaks in the same lounge
area in the basement.
The record establishes substantial interaction
among employees in different departments. It ap-
pears that the Employer's operation is highly inte-
grated, with employees in different departments as-
sisting each other and overlapping in their job
functions in order to serve the customers. Thus, the
A. Harris condition requiring no substantial integra-
tion has not been met in the instant case.
Although the operations employees at 33rd
Street are supervised by an operations manager,
that operations manager , also supervises the proce-
dural work of the operations employees at 54th
Street. As the petitioned-for unit does not include
the 54th Street operations employees, the A. Harris
separate supervision requirement has also not been
satisfied.
Because none of A. Harris conditions for a sepa-
rate warehouse-type unit in the retail industry have
been met in the instant case , we conclude that the
petitioned -for unit consisting only of operations
employees is inappropriate. The operations depart-
ment employees do not have a community of inter-
est sufficiently distinct from other employees to
warrant a separate operations unit.
2. The Regional Director also concluded that the
evidence was' insufficient to overcome the pre-
sumptive appropriateness of a single store unit, de-
spite finding that the benefits for all employees are
centrally determined and identical and wage rates
are similar . He found no evidence of interchange
between the operations employees at 33rd Street
and those at 54th Street, and that interaction was
limited to the shipping of items from 33rd Street to
54th Street. Although recognizing that the oper-
ations manager supervises the two groups, the Re-
gional Director found that the 54th Street oper-
ations employees are also supervised by the 54th
Street store manager.
The Employer argues that a single store unit lim-
ited to employees at the 33rd Street store is inap-
propriate, because the 33rd Street store has no in-
dependent identity and is completely integrated
with the 54th Street store. We find merit in the
Employer's contention.
The Employer' s general manager Henry Levy
oversees the operation of both stores. All supervi-
sory personnel of both stores report to him. Levy
spends 2 to 3 mornings a week at the 54th Street
store, and the remainder of his time at 33rd Street.
Levy meets with the supervisors from both stores
weekly.
Levy meets with groups of employees from both
stores to discuss personnel procedures. He also re-
solves employee grievances at both stores. Levy
determines the number of employees at each store
in conjunction with the Woburn personnel depart-
ment, after consultation with the store managers.
Levy interviews all applicants for positions at both
stores.
The items the two stores sell are all shipped to
33rd Street from the parent corporation in
Woburn. The 33rd Street employees unload the
goods and reload the 54th Street items on a van
which a 33rd Street driver drives to 54th Street:
There the driver and 54th Street operations em-
ployees unload the merchandise and reload other
merchandise to be returned to 33rd Street or to
Woburn. Drivers from 33rd Street also deliver bulk
merchandise and mail to 54th Street.
Employees from each store have frequent tele-
phone, contact in performing their duties. For ex-
ample, telephone sales employees at 33rd Street
CHARRETTE DRAFTING SUPPLIES 1297
handle telephone orders for 54th Street. They then
call 54th Street sales clerks or operations employ-
ees to determine if an item is in stock at 54th
Street. Sales clerks at both stores call each other to
determine stock status. Retail sales clerks at 54th
Street call -33rd Street 'operations employees to -de-
termine delivery feasibility.
Store managers have no authority to eliminate
merchandise from inventory and must maintain
stock within the minimum and maximum levels set
at Woburn. The store manager cannot independent-
ly increase the work force at his store , and pricing
is standard throughout the Company. The hours of
operation are set by the Company, as are the em-
ployees benefits policies.
As discussed above, the operations manager su-
pervises the operations employees at both stores.
The operations manager supervises the procedural
work of the 54th Street operations employees,
while the 54th Street store manager handles the ad-
ministrative aspect. The shipping supervisor at 33rd
Street has directed sales employees at 54th Street
to check with him before promising a delivery
time , and to write specific delivery information on
the order form.
Between March and September 1981, six em-
ployees transferred from 54th Street to 33rd Street,
and between March and October 1981, five em-
ployees transferred from 33rd Street to 54th Street.
Employees from each store may be temporarily
assigned to the other store when needed. For ex-
ample , an operations employee from 33rd Street
was sent to work at 54th Street when a receiving
clerk was on vacation. Employees from 33rd Street
worked at 54th Street setting up shelves. Accord-
ing to Levy, "[o]ur employees are free to go from
one facility to another as we direct them."
The employees at 33rd Street and 54th Street do
the same work and receive identical wages and
benefits. -
- When making a unit determination in a multifaci-
lity operation in the retail industry, the Board finds
a single-facility unit presumptively appropriate.8
This presumption, however, may be overcome by a
showing of substantial functional integration which
negates the separate identity of the single -facility
unit , based on an examination of factors such as
central control over daily operations and labor re-
lations, the employees ' skills and functions, work-
ing conditions , employee interchange , and geo-
graphic proximity of the facilities.9
We find, based on the above facts, that the
single-facility presumption has been rebutted in the
instant case. There is a high degree of functional
integration between the two facilities; the employ-
ees interact with each other in performing their
duties; the employees have the same skills and per-
form identical functions under similar working con-
ditions; they receive identical wages and benefits;
there is,some interchange of personnel and transfer
between the two facilities; and the two facilities are
only about 1 mile apart . Furthermore, General
Manager Levy oversees both facilities, and the
wages, benefits, hours of store operation, and stock
levels are centrally controlled. We therefore con-
clude, for the additional reason that the single-store
presumption has been rebutted, that the petitioned-
for unit is inappropriate. -
We shall therefore vacate the election conducted
8 March 1984, and dismiss the petition.
ORDER
The election conducted 8 March 1984 is vacated.
The petition is dismissed.
8 Haag Drug Co, 169 NLRB 877 (1968)
e See NAPA Columbus Parts Co, 269 NLRB at 1054, Orkin Extermi-
nating Co , 258 NLRB 773 (1981)