Emery Industries, Inc.

National Labor Relations Board - Board Decisions

Jul 28, 1964

148 N.L.R.B. 51 (N.L.R.B. 1964)

EMERY INDUSTRIES, INC. (DICE ROAD) 51
managerial employees, guards, watchmen, and supervisors as defined
in the Acts constitute a unit appropriate for collective bargaining
within the meaning of Section 9(b) of the Act.
[Text of Direction of Election omitted from publication.]
8 The warehousing operations are under the direct supervision of Marvin Jones, ware-
house superintendent. The record shows that when Jones is absent, or not available, he
leaves specific instructions as to work assignments which are carried out by Truck Fore-
man Anderson and Assistant Warehouse Supervisor Dale. It appears that neither Dale
nor Anderson has the authority to transfer, discipline, or discharge employees, and in
carrying out their duties, follow instructions set_ down by Jones. The record further
shows that when Jones is absent one of the Employer's officers takes charge and Dale and
Anderson are expected to discuss any problems which arise with the officials in question.
The Employer contends that Dale and Anderson are in effect leadmen who merely follow
routine directions in carrying out orders and should be included in the unit. As the record
does not show that either Anderson or Dale hire, discharge, responsibly direct employees,
or have any of the other attributes of supervisory authority, we shall include them in
the unit.
Emery Industries , Inc. (Dice Road ) and United Emery Indus-
tries Employees Committee (Dice Road ), Petitioner. Case No.
21-RC-8373. July 28, 1964
DECISION AND ORDER AMENDING CERTIFICATION
OF REPRESENTATIVE
On June 25, 1963, pursuant to a Stipulation for Certification Upon
Consent Election, a representation election was held among the Em-
ployer's production and maintenance employees at its Santa Fe
Springs, California, plant. As a result of this election, the Regional
Director, on July 3, 1963, certified United Emery Industries Em-
ployees Committee (Dice Road), the Petitioner herein,' as exclusive
bargaining representative of the aforementioned employees. On
May 13, 1964, the Petitioner filed the instant motion to amend the
certification to designate "Emery Unit of Local 509, UAW," as certi-
fied representative of the Employer's employees. On June 1, 1964,
the Employer filed a memorandum in opposition. '
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
Brown]. -
In its motion, the Petitioner alleged that on or about April 8, it
mailed a notice to all of its members stating that : a special member-
ship meeting would be held to decide whether the Petitioner should
affiliate with Local 509, UAW; pursuant to said notice, a special meet-
ing of its members was held on April 18, 1964, attended by 19 of the
3 No other labor organization appeared on the ballot.
148 NLRB No. 8.
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
25 members -of the Union; a resolution providing for affiliation with
the UAW was presented to the members; in accordance with the
Petitioner's constitution and bylaws, a vote by secret ballot was taken
on the resolution; the resolution was passed by a vote of 17 votes for,
and 2 against; after this resolution was passed, all assets and prop-
erty of the Petitioner were transferred to the Emery Unit of Local
509, UAW ; on the same date, International Union, United Auto-
mobile, Aerospace, and Agricultural Implement Workers of America,
Local 509, AFL-CIO, accepted said affiliation; 2 on April 20, Peti-
tioner wrote the Employer and demanded recognition under its new
name; and the Employer refused to recognize the Petitioner under its
new name and with its new affiliation 3
In its memorandum in opposition to motion for amendment of
certification, the Employer, while not controverting the facts set forth
in the Petitioner's motion, asserted that the Petitioner is requesting
not merely a change of name of the certified union, but is, in fact,
designating a new affiliation with another-union, and that the motion
therefore raises a question concerning representation which can be
resolved only by the filing of a representation petition.
We find no merit in the Employer's objections to the Petitioner's
motion. The allegations contained in the motion, which are not denied
by the Employer,' establish in our view that the Emery Unit of Local
509, UAW, is but a continuation of the certified representative herein.
Thus, the certified representative was an unaffiliated union which, as
stated in the affiliation resolution, sought to obtain the benefits which
it was believed would derive from affiliation with an international
union ; the certified union took formal steps to make certain that a
majority of its membership approved of such action, and, in order to
insure that there would be no loss of identity of the certified local, it
obtained assurances from Local 509, UAW, that the Emery Unit
would become an "autonomous and separate" unit within Local 509.
Finally, the certified representative, in seeking recognition of its new
affiliation, made it perfectly clear that, despite its new affiliation, the
"officers and functional leaders" of the local would remain the same,
Y In a letter to the United Emery Industries Employees Committee dated April 7, 1904,
Clarence E Wright, financial secretary and service representative of Local 509, UAW,
stated that " it is understood that the United Emery Industries Employees Committee will
become an autonomous and separate unit of Local 509, UAW, with all the rights and
privileges accorded by the Constitution of the International Union."
3In its letter of April 20, the Petitioner advised the Employer , in part, that "From this
date on, the name of the union has been changed to Emery (Industries ) Unit of Local 509,
UAW-API-CIO. All officers and functional leaders remain the same , and we anticipate no
change in our day-to - day relationship with the company . The continuity of organization
in the Local Union has been completely preserved , and we intend to honor fully all con-
tractual commitments with the company . Please note for your records the change, in the
name of the contracting union." The Employer did not contest the truth of these
statements. .
In the absence of any substantial factual issues, we find no merit in the Employer's
position that a hearing is required.
OREGON LABOR-MANAGEMENT RELATIONS BOARD 53
there would be no change in the day-to-day relationships with the
Employer, and the newly affiliated local would honor all contractual
commitments with the Employer. In these circumstances, as we be-
lieve that the requested substitution would insure to employees the
continuity of their present organization and representation, we shall
grant the Petitioner's motion and substitute Emery Unit of Local 509,
UAW, for United Emery Industries Employees Committee (Dice
Road) as certified representative of the employees in the unit 5 Such
amendment of the certification is not, however, to be considered as a
new certification or recertification.
[The Board amended the Certification of Representative issued to
United Emery Industries Employees Committee (Dice Road) in Case
No. 21-RC-8373 by substituting "Emery Unit of Local 509, UAW"
for "United Emery Industries Employees Committee (Dice Road,) ".]
8 See Climax Molybdenum Company, 146 NLRB 508; Minnesota Mining and Manufac-
turing Company, 144 NLRB 419.
Oregon Labor-Management Relations Board and Barbur Boule-
vard Flying A Truck Stop and Automotive Garage & Service
Station Employees Local No. 255 and Robert Ferguson, Em-
ployee of Barbur Boulevard Flying A Truck Stop . Case No.
AO-75. July 29, 1964
ADVISORY OPINION
This is a petition filed by the Oregon Labor-Management Relations
Board, herein called the State Board, for an Advisory Opinion in
conformity with Sections 102.98 and 102.99 of the National Labor
Relations Board's Rules and Regulations, Series 8, as amended.
In pertinent part, the petition alleges as follows:
1. There is presently pending before the State Board a decertifica-
tion petition (Case No. 1-64) involving Barbur Boulevard Flying A
Truck Stop, herein called the Employer, and Automotive Garage &
Service Station Employees Local No. 255, herein called the Union.
The petition had been filed by Robert Ferguson, an employee of the
Employer. At the hearing before the State Board, the Employer
and Union stipulated as to the nature of the Employer's business and
its commerce data.
2. The Employer is a truck stop and service station engaged at
Portland, Oregon, in selling gasoline, diesel fuel oil, and automotive
accessories, and in rendering services such as lubrication of vehicles.
All sales of diesel fuel oil and gasoline are made at one rate except
that purchasers of more than 25 gallons of gasoline pay the "truck
148 NLRB No. 11.