Donald Carroll Metals, Inc.

National Labor Relations Board - Board Decisions

Aug 27, 1970

185 N.L.R.B. 409 (N.L.R.B. 1970)

DONALD CARROLL METALS, INC.
Donald Carroll Metals, Inc. and Warehouse and Mail
Order Employees Union , Local No. 743, Interna-
tional Brotherhood of Teamsters , Chauffeurs,
Warehousemen & Helpers of America , Petitioner.
Case 13-RC-12127
August 27, 1970
DECISION AND DIRECTION
BY CHAIRMAN MILLER AND MEMBERS
MCCULLOCH AND JENKINS
Pursuant to a stipulation for certification upon
consent election, executed on March 30, 1970, an
election by secret ballot was conducted on April
24, 1970, under the direction and supervision of the
Regional Director for Region 13 of the National
Labor Relations Board among employees in the stipu-
lated unit described below. After the election, the
parties were furnished a tally of ballots showing that
of approximately 25 eligible voters, 21 cast valid
ballots of which 11 were for the Petitioner, 10 were
against. Two voters cast challenged ballots. The chal-
lenged ballots are sufficient in number to affect the
results of the election.
In accordance with the National Labor Relations
Board Rules and Regulations, the Regional Director
conducted an investigation and, on May 26, 1970,
issued and duly served upon the parties his report
on challenges, in which he recommended that the
challenges to the ballots of Ralph Hayes and John
Walkos be sustained, and that the Petitioner be certif-
ied as the collective-bargaining representative of the
Employer's employees in the stipulated unit. There-
after, the Employer filed timely exceptions to the
Regional Director's Report.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Board
has delegated its powers in connection with this case
to a three-member panel.
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 jurisdiction herein.
2. The Union is a labor organization claiming to
represent certain employees of the Employer.
3. A question affecting commerce exists concerning
the representation of the employees of the Employer
within the meaning of Section 9(c)(1) and Section
2(6) and (7) of the Act.
409
4. The parties stipulated, and we find, that the
following employees constitute a unit appropriate for
the purposes of collective bargaining within the mean-
ing of Section 9(b) of the Act:
All warehouse, production and maintenance
employees of the Employer at its Bensenville,
Illinois, plant, but excluding office clerical
employees, professional employees, guards and
supervisors as defined in the Act.
5. The Board has considered the Regional Director's
Report, the Employer's exceptions, and the entire
record in this case, and makes the following findings.
The Employer excepts to the Regional Director's
conclusion that truckdrivers Ralph Hayes and John
Walkos do not have a sufficient community of interest
with production employees to warrant their inclusion
in the agreed-upon unit. For the reasons set forth
below, we find merit in the Employer's exceptions,
and hold that employees Hayes and Walkos were
eligible to vote in the election held herein.'
The parties failed to specify the inclusion of truck-
drivers in the stipulated unit. However, we deem
manifest the intent of the parties to include truckdri-
vers, if otherwise appropriate, in view of the broad
language used by them in defining the unit, i.e.,
"all warehouse, production and maintenance employ-
ees" (Emphasis supplied), and the fact that truckdri-
vers were not specifically excluded, as were others,
from the stipulated unit. Moreover, where the parties
to a Board proceeding use a term of art as "production
and maintenance employees," we would, in the absence
of evidence of a contrary intent, conclude that it
was their intent to use the words as the Board would;
hence the Board's normal considerations relating to
inclusion or exclusion of truckdrivers become relevant.
On the facts of this case it is clear that the Board
would normally find that the truckdrivers are
appropriately part of the production and maintenance
unit.
The Employer is engaged in the production of
zinc and aluminum ingots derived, in substantial part,
from the reprocessing of scrap metals which are melted
down in the Employer's furnaces. Scrap metals are
obtained from sources within a several-hundred-mile
radius of Chicago, Illinois, and are transported to
the Employer's plant, by its two tractor-trailers or
by those of other firms, where they are unloaded
and weighed by the Employer's employees. Ingots
produced by the Employer are weighed, loaded onto
trailers, and delivered to customers in the same man-
ner.
' As there are no substantial questions of fact raised by the Employer's
request for a hearing, said request is hereby denied
185 NLRB No. 67
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Hayes and Walkos , the only truckdrivers employed
by Carroll Metals, spend approximately 60-65 percent
of their working hours on the road picking up raw
materials and delivering finished ingots to customers.
The remainder of their time is spent at the plant,
where, along with the production employees, they
scale , load and unload the trailers. Eighty percent
of their plant time is spent in such work and the
remainder is spent in the maintenance of their vehicles.
Thus, more than 25 percent of the truckdrivers' hours
are spent performing the same type of production
work as is performed by other employees.
The drivers have the same supervisor as the produc-
tion employees and both groups receive the same
fnnge benefits (including vacation benefits , holiday
pay, life insurance, hospitalization and medical insur-
ance , and profitsharingbenefits ).Although the drivers'
pay rate is higher than that of the other employees
here involved , both groups are paid on an hourly
basis and undergo the same periodic wage reviews.
The truckdrivers work irregular hours while the
production employees work in set 8-hour shifts. How-
ever, on the 1 to 2 days per week when the drivers
do not go out at all, they adhere to the schedule
of the first-shift production workers.
In view of the above , we find contrary to the
Regional Director, that at all times material hereto,
Ralph Hayes and John Walkos did share sufficient
interests with production employees to warrant inclu-
sion in the unit and , accordingly , that they were
eligible to vote in the election held herein . Therefore,
we shall direct that the Regional Director open and
count the challenged ballots of Ralph Hayes and
John Walkos , and prepare and cause to be served
upon the parties a revised tally of ballots, and issue
the appropriate certification.
DIRECTION
It is hereby directed that the Regional Director
for Region 13 shall , pursuant to the Rules and Regula-
tions of the Board , within 10 days from the date
of this Decision , open and count the ballots of Ralph
Hayes and John Walkos and prepare and cause to
be served upon the parties a revised tally of ballots,
including therein the count of the above-mentioned
ballots, and issue the appropriate certification.