Dattco, Inc.

National Labor Relations Board - Board Decisions

Aug 25, 1997

324 N.L.R.B. 323 (N.L.R.B. 1997)

323
324 NLRB No. 53
DATTCO, INC.
Dattco, Inc. and Teamsters Local Union No. 443,
International Brotherhood of Teamsters, AFL–
CIO, Petitioner. Case 34–RC–1431
August 25, 1997
DECISION ON REVIEW, ORDER, AND
DIRECTION OF ELECTION
BY CHAIRMAN GOULD AND MEMBERS FOX
AND HIGGINS
On February 27, 1997, the National Labor Relations
Board granted the Petitioner’s request for review of the
Regional Director’s Decision and Order. Having care-
fully reviewed the entire record, we conclude, contrary
to the Regional Director, that employees at the Em-
ployer’s Clinton location constitute a presumptively
appropriate single facility unit and that the presump-
tion has not been rebutted.
The facts relating to the appropriateness of the peti-
tioned-for unit are similar to those found in D&L
Transportation, 324 NLRB 160 (1997). The record es-
tablishes that the Clinton terminal manager and dis-
patcher exercise a high degree of autonomy over day-
to-day operations, including assignments, dispatching
and minor discipline, and that there is only minimal
interchange of employees between Employer’s Clinton
facility and other geographically separate facilities.
Thus, for the reasons stated in D&L Transportation,
we find the petitioned-for unit to be an appropriate
unit.
ORDER
Accordingly, the petition in Case 34–RC–1431 is or-
dered reinstated and the above-entitled matter is re-
manded to the Regional Director for Region 34 for fur-
ther processing consistent with this decision.
[Direction of Election omitted from publication.]
MEMBER HIGGINS, dissenting.
I agree with my colleagues that this case is similar
to D&L Transportation, 324 NLRB 160 (1997). In
both cases, the Regional Directors, in reasoned and
well-supported decisions, found that a single-facility
unit was not appropriate. I would not disturb these de-
cisions.
Indeed, the majority’s decision is less justified here
than it was in D&L. Here, unlike in D&L, the terminal
manager does not make hiring decisions, and the em-
ployees at the relevant terminal have no special skills.
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