Continental-Diamond Fibre Co.

National Labor Relations Board - Board Decisions

Jan 31, 1951

92 N.L.R.B. 1784 (N.L.R.B. 1951)

In the Matter of CONTINENTAL-DIAMOND FIBRE COMPANY, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL No. 381, A. F.
or L., PETITIONER
Case No. 4-RC-822.Decided January 31, 1951
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before E. Don Wilson, hearing offi-
cer. 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 Act, the Board
has delegated its power in connection with this case to a three-mem-
ber panel [Chairman HERZOG and Members MURDOCK and S'TYLEs].
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 organization involved claims to represent employees
of the Employer.
3. No 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, for the following reasons :
The Petitioner seeks to sever three truck drivers and their helpers
from the existing production and maintenance unit of employees em=
ployed at the Employer's Bridgeport, Pennsylvania, plant. Since
1943, the truck drivers sought by the Petitioner have been included in
the established unit which is currently represented by the United Tex-
tile Workers of America, AFL. The Employer takes the position that
severance should be denied these employees because of the 7-year his-
tory of collective bargaining in the broader unit and on the further
ground that two of the drivers perform substantially the same duties
as are performed by other employees in the plant. Moreover, it con-
tends that its current contract with, the Textile Workers is a bar to
this petition. In view of our decision herein, we find it unnecessary
to rule on this latter contention.
92 NLRB No. 264.
1784
CONTINENTAL-DIAMOND FIBRE COMPANY 1785
The record shows that there is one over-the-road truck driver who
is engaged in moving processed and semiprocessed material from the
Employer's Bridgeport plant to its other plants. He drives a large
trailer-truck and a tank truck. He is paid at an hourly rate slightly
higher than that of the other drivers and is eligible for promotion to
the category of mechanic.
The remaining two drivers sought by the Petitioner are referred to
as yard drivers. These employees are licensed truck operators who
spend 'most of their time trucking material from one department to
another within the area of the Bridgeport plant. A similar function
is performed by approximately six employees who drive small electric
battery operated trucks. The over-the-road driver, the yard drivers,
and one of the electric truck drivers are included in the receiving and
shipping department and are supervised by the foreman of that
department.
We are of the opinion that the interests and duties of the yard
drivers are more closely allied to those of employees in the existing
production and maintenance unit than to the interests of the over-the-
road driver. Although the latter employee is of the type that may
be included in a separate bargaining unit, the' Board has held that a
single employee may not constitute a collective bargaining unit under
Section 9 (a) and (b) of the Act.' Accordingly, we shall dismiss the
petition herein.
ORDER
IT IS HEREBY ORDERED that the petition filed herein by the Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local No. 384, A. F. of L., be, and it hereby is,
dismissed.
' Allen W. Fleming, Inc., 90 NLRB No. 118.
929979-51-vol. 92-114