Curcie Brothers, Inc.

National Labor Relations Board - Board Decisions

Mar 17, 1964

146 N.L.R.B. 380 (N.L.R.B. 1964)

380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
You don't have to join a union to work here,-and you won't have to join a union
to work here as long as this company is able to work and deal directly with you-
the owner-operators and drivers.
Under union conditions you do not receive the full earnings of your labor; we
may be bound to deduct your union dues from your check and give it to the union
official.
If you do not choose to belong to the union, you will get the same wages and
the same courteous treatment' as does the person who does belong. There is no
distinction to be ,made in our usual treatment of fair play,for all of our.'people:
A FINAL WORD: COME AND VOTE ON FRIDAY AS YOUR GOOD
JUDGMENT DIRECTS. TO CAST YOUR BALLOT IS YOUR SOLEMN
DUTY!
ECLIPSE MOTOR LINES, INC.,
(S) J. M. Donahie,
J. M. DONAHIE.
APPENDIX B
ATTENTION: All Bridgeport OWNER-OPERATORS & DRIVERS
GENTLEMEN:
Friday, January 25, 1963 all Bridgeport Owner-Operators and drivers are hereby
requested to be present at the Bridgeport, Ohio terminal at 10:00 A.M., for the pur-
pose of voting for or against Union representation here at Eclipse Motor Lines, Inc.
All personnel concerned will not be required to make Friday deliveries but rather
make deliveries the following Monday.
OWNER-Operator and driver payroll checks will not be mailed this date but
may be picked-up at Bridgeport upon arrival to vote.
As this issue is extremely important to each Owner-Operator and driver, you are
urged to be present and cast your vote. Each man has an obligation to vote.
Please be advised that if you so desire, you may' vote for an Independent or
Broker Union or any other Union of your choice.
Kindly consider the following privileges currently available at Eclipse Motor Lines,
Inc.
A) No monthly dues.
B) No interchange of drivers on other owners power units.
C) The use of a modem load shifter FREE of charge to you.
D) Garage and tool privileges to maintain your equipment.
E) The use of trailers other than Company owned.
F). Extra advance privilges , under emergency circumstances. •
G) The option to accept or refuse loads.
H) Food , Cigarette , Candy and Drink concession machines for your con-
venience.
I) The privilege of Tri-Leasing to another authorized carrier for return haul.
J) The option to load out of Pittsburgh office.
K) No specific policy currently in force relative to drivers age and the age of
leased equipment.
Please give this matter your most serious consideration as your future welfare is
entirely in your hands.
Curcie Brothers, Inc., Curcie Brothers Trucking , Inc., Beach
Boulevard Service , Inc., and Hallandale Rock & Sand Co. and
International Union of Operating Engineers ; Local 675, AFL-
CIO, Petitioner. Case No. 12-RC-1739. March 17, 19641 '
DECISION ON REVIEW
.On August 6, 1963, the Regional Director for the Twelfth Region
issued a Decision, Direction of Elections, and Order 1 in the above-
"The Order dismissed the petition as to Curcie Brothere Paving Co., Inc., which is no
longer In business.
146 NLRB No. 44.
CURCIE BROTHERS, INC., ETC. 381
entitled proceeding, finding appropriate two separate,units, one en-
compassing employees of Curcie Brothers, Inc., Curcie .Brothers
Trucking, Inc., and Beach Boulevard Service, Inc., and the other
covering employees of Hallandale Rock' & Sand Co. Thereafter,
Curcie Brothers, Inc., Curcie Brothers Trucking, Inc., and Beach
Boulevard Service, Inc. (hereinafter sometimes referred to collec-
tively as the Employer),2 pursuant to Section 102.67 of the Board's
Rules and Regulations, us amended, filed with the Board a timely re-
quest for review of the Decision and Direction of Elections solely with
respect to unit No.,1, contesting the scope and composition of the unit
found by the Regional Director.3 : The Board, by telegraphic order
dated August 27, 1963, granted the request for review and stayed the
election in unit No. 1, pending its decision on review. Thereafter,
the Employer filed ,a supporting.brief.4
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman McCulloch and Members Leedom and
Fanning].
The Board has considered the entire record in this case, with respect
to the Regional Director's determination under review, and makes the
following findings :
The, Regional Director found, in accordance with the Petitioner's
primary request, a unit of all employees working at or out of the
Employer's plant at Hallandale, Florida, including truckdrivers, but
excluding employees working at road construction projects outside
Dade and Broward Counties, and employees at the LaBelle rock pit
in Hendry County.' The Employer contends that the only appropriate
unit should include all the Employer's employees wherever located.
The record indicates that the Employer's enterprise consists gen-
erally of two types of operations : (1) a relatively stabilized permanent
operation involving transportation, maintenance, and quarrying; and
(2) road construction and paving projects at various temporary sites.
Thus, the Employer has employees working at rock and sand pits in
Broward County and at a quarry (LaBelle) located 110 miles away
in Hendry Country. The trucking operation transports stone, sand,
fill, and roadbuilding equipment, and it services, among others, the
Employer's projects. The gas and. service station provides fuel,
2 Inc parties agreed that all three companies , which have common ownership and labor
relations policies , constitute a single employer.
S An election was held in unit No. 2, as scheduled , and resulted in a certification of
results.
4
The Employer's request for oral argument is hereby denied , as the brief adequately,
presents the issues.
"Alternate unit requests of Petitioner would . elther exclude all construction employees,
or include those construction employees , wherever located , who have been employed a year
or more.
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintenance, and repair services for the Employer's vehicles and
equipment.
The project work consists of road construction at Venus, Tarrey-
town, Sumterville and Lake Port, located respectively 125, 210, 220,
and 110 miles from the Employer's main location at Hallandale. The
Employer is presently also doing paving work in Broward County,
but at the time of the hearing had no road construction projects in
Dade or Broward Counties. Witli respect to the road construction
work, it appears that the Employer uses a rather mobile and some-
times temporary work force, depending upon its ability to obtain
contracts and upon the duration of such contracts. Thus, 20 to 30 per-
cent of the employees at the above-mentioned construction locations
previously worked for the Employer in the Dade-Broward area; 15
to 16 percent were hired at the main location; and the remainder were
hired in the locality of the jobs. Although the Employer provides
rooms or trailers for some of the employees transferred from the main
location, the vast majority of employees on the road construction
projects live in their own quarters within the locality of the job. Each
project, except Lake Port (which now has only one part-time em-
ployee), has a foreman with authority to hire and discharge. Most of
these employees have been employed less than a year and thus do not
enjoy many of the fringe benefits received by employees at the main
location . Their continued employment at the conclusion of the
projects depends on whether the Employer has other jobs for them and
whether they are willing to move long distances. Laid-off employees
have no job seniority; jobs are filled from card applications on file or
by referrals from the Florida Unemployment Service. The record
does not show a clearly defined nucleus of road construction employees
who regularly work out of the main location.
As stated above, for the most part, the maintenance employees,
truckdrivers, and employees working at rock and sand pits in Bro-
ward County s are hourly rated,and daily punch the same time clock
at the Employer's main location.' They are under common overall
supervision, have the same working conditions and fringe benefits, and
come in frequent contact with one another.
In view of the foregoing, we find that all service and maintenance
employees, quarry employees, and drivers working at or out of the
e As shown above, there are no sand pit operations in Dade County. With respect to the
operations at LaBelle quarry, located 110 miles from the Employer ' s main operation,
there is no systematic and regular exchange of employees . In these circumstances, we
shall, in accordance with the Regional , Director 's decision , exclude the employees at .that
location.
7 This, of course, does not apply to the employees temporarily assigned to the temporary
mechanical shop set up at Tarreytown , 220 miles away , and staffed by a rotating group,
of mechanics from the main service station.
HOUP BROS. 383
main location at Hallandale have sufficient community of interest to
warrant their inclusion in the same appropriate unit. However, in
view of the transitory nature of the road construction work and the
mobility and interchange of employees working on such projects, and
the fact that the Petitioner does not desire to include all road con-
struction employees, we are unable to agree with the Regional Di-
rector's inclusion of only those road construction employees who may
at some time fortuitously work in Dade and Broward Counties and
instead shall exclude all employees working on road construction and
paving.
Accordingly, with respect to unit No. 1, we find that the following
employees constitute an appropriate unit for purposes of collective
bargaining within the meaning of Section 9 (b) of the Act :
All service, maintenance, and quarry employees of Curcie Brothers,
Inc., Crucie Brothers Trucking, Inc., and Beach Boulevard Service,
Inc., working at and out of their plant at 3190 Hallandale Beach
Boulevard, Hallandale, Florida, including truckdrivers, but exclud-
ing employees working at road construction and paving projects, em-
ployees at the LaBelle rock pit in Hendry County, office clerical em-
ployee, professional employees, guards, and supervisors as defined in
the Act.
The case is hereby remanded to the Regional Director for the
Twelfth Region for the purpose of conducting an election in unit
No. 1, as modified herein, except that the eligibility period shall be
the payroll period immediately preceding the date below.
Holt Bros. and Operating Engineers , Local No. 3, International
Union of Operating Engineers, AFL-CIO, Petitioner. Case
No. P20-RC-5596. March 17, 1964
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hearing Officer Elizabeth
M. Bianchi of the National Labor Relations Board. The Hearing
Officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in this case, 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 juris-
diction herein.
146 NLRB No. 45.
744-670-65-vol . 146-26