Colorado National Bank of Denver

National Labor Relations Board - Board Decisions

Jun 18, 1973

204 N.L.R.B. 243 (N.L.R.B. 1973)

COLORADO NATIONAL BANK OF DENVER
Colorado National Bank of Denver I and Service Em-
ployees International Union , Local No. 105, AFL-
CIO, Petitioner . Case 27-RC-4422
June 18, 1973
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS KENNEDY
AND PENELLO
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer John F. Sayre of the
National Labor Relations Board. Following the close
of the hearing, the Regional Director for Region 27
transferred this case to the Board for decision. There-
after, the Employer and the Petitioner filed briefs with
the Board.
Pursuant to the provisions of Section 8(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's rul-
ings made at the hearing and finds that they are free
from prejudicial error. They are hereby affirmed.
Upon the entire record in this proceeding,' the
Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the pur-
poses of the Act to assert jurisdiction herein.
2. The labor organization involved claims to repre-
sent certain employees of the Employer.'
3. No question affecting commerce exists concern-
ing the representation of employees of the Employer
within the meaning of Sections 9(c)(1) and 2(6) and
(7) of the Act for the following reasons:
The Petitioner seeks to represent a unit limited to
the employees in the Employer's computer room and
control room, excluding computer programmers, of-
1 The Employer originally stated that its correct legal name was the one
set forth above . However , during the subsequent progress of the hearing, the
Employer attempted to change the name in the caption to Colorado National
Bank Shares , Inc., a company which holds the stock of the Colorado Nation-
al Bank of Denver, as well as other banks in Colorado. Record testimony
indicates that the Colorado National Bank of Denver is the Employer of the
employees in the proposed unit . Accordingly, we find that the case , as cap-
tioned, correctly states the name of the Employer.
2 The Employer requested oral argument . This request is hereby denied as
the record and the briefs adequately present the issues and the positions of
the parties.
3In its brief, the Employer states that the petition in this case was the
second of two petitions for an election in the unit the Petitioner seeks. The
Petitioner withdrew its first petition , Case 27-RC-4405 , and submitted the
instant one. The Employer moved that the instant petition be dismissed since
it was not supported by a new showing of interest . The Employer's motion
is hereby denied , since we are administratively satisfied that the Petitioner
had an adequate showing of interest , and because questions relating to show-
ing of interest are not litigable in representation proceedings. 0 D Jennings
& Company, 68 NLRB 516.
243
fice clerical employees, guards, and supervisors. The
unit sought consists of approximately 23 employees,
who comprise the Computer Operations section of the
Employer's Data Processing Division. The Employer
contends that the unit sought by the Petitioner is inap-
propriate.
We find that the Petitioner has failed to establish
that its requested unit includes all employees with a
sufficient community of interest separate and apart
from those to be excluded.
The Employer's Data Processing Division is broken
down into three distinct subdivisions: Computer Op-
erations, which includes the employees in the unit
sought and which involves the operation of the
Employer's central computer equipment; Technical
Support, which involves optimization of the utiliza-
tion of such equipment; and Systems and Program-
ming , which involves the development of procedures
for operating such equipment. Each of these subdivi-
sions has separate immediate supervision, but they
share common overall supervision. Employees in
these subdivisions do not temporarily interchange
with employees in the rest of the Employer's opera-
tions , and there is no collective-bargaining history
with respect to these employees.
The employees in Technical Support and in Sys-
tems and Programming have occasion to operate the
central computer equipment in the control room and,
in addition to frequently working with each other,
work with the employees in the unit sought on a regu-
lar basis. Some employees in these two subdivisions
have come from Computer Operations.
The employees in the computer and control rooms,
who are basically computer operators and control
clerks, are engaged in receiving data from virtually
every department of the Employer and processing it
for these departments 4 Working conditions of the
employees in the unit sought are different from those
of the employees in the other two subdivisions only
with respect to the following: they are not allowed to
smoke in their work areas, they are restricted as to
their wearing apparel, their work areas are regulated
by a climate control system separate from that of the
rest of the Employer's building, and they regularly
operate on a three-shift, around-the-clock basis.
On the basis of the foregoing facts, we find that the
unit sought is too narrow in scope in that it excludes
employees who share a substantial community of in-
terest with employees in the unit sought .' Because we
find that the unit requested by the Petitioner is not
appropriate and, because no alternate unit has been
proposed by the Petitioner, we shall dismiss the peti-
4 There is some record evidence that employees in the unit sought perform
work for Colorado National Bank Shares and its affiliates , and for outside
customers , as well as for the Employer
5 See Whitehead & Kales Company, 196 NLRB I I 1
204 NLRB No. 58
244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion. ORDER
In reaching this conclusion, we do not, on the basis
of the record now before us, make a determination as It,is hereby ordered that the representation petition
to what the minimal appropriate unit is. herein be, and it hereby is, dismissed.