G. L. Allen Co.

National Labor Relations Board - Board Decisions

Apr 10, 1957

117 N.L.R.B. 1055 (N.L.R.B. 1957)

G. L. ALLEN COMPANY 1055
G. L. Allen Company and Local 283, International Brotherhood
of Teamsters , Chauffeurs , Warehousemen and Helpers of
America, AFL-CIO, Petitioner. Case No. 7-RC-3079. April 10,
1957
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 Robert Pisarski, hear-
ing officer. 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) df the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three -member panel [Chairman Leedom and Members
Murdock and Bean].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) '(1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
All truckdrivers and garage employees, including lessor-drivers of
Employer-operated vehicles as well as drivers engaged by the lessors,'
1 The Petitioner 's request for oral argument is hereby denied, as the record and Peti-
tioner's brief , in our opinion , adequately reflect the issues and positions of the parties
2 The Intervenor , Oil, Chemical and Atomic Workers International Union, AFL-CIO,
and Local 11-389, was permitted to intervene upon the basis of a contractual interest.
We find no merit in the Petitioner's contention that the Intervenor cannot participate
in the election because the Board has allegedly held in another case that the Intervenor
may not represent truckdrivers That decision ( Standard Oil Co, 116 NLRB 1017) is
inapposite , as that case involved craft severance , not at issue in the present proceeding.
3 The Petitioner contends that all drivers operating trucks in the service of the Em-
ployer are "employees" within the meaning of the Act and should be included in the unit,
including both lessor -drivers who have leased their vehicles to, and drive for, the Employer
and also drivers who have been engaged by lessors either to alternate with them in operat-
ing the vehicles or, in a few instances , to drive in the lessor's stead The Employer and
the Intervenor take no position as to the unit placement of these two categories
The record shows that formerly the lessor-drivers were independent contractors, some
of whom, in turn , engaged drivers to operate their vehicles for the Employer The
Employer is a certified carrier subject to Michigan law. In 1956 , that State amended
its statute regulating certified carriers to require that any vehicle operated by such
carriers must be driven by their employees. On January 16, 1957, 2 weeks before the
close of the hearing , the Employer , by letter, informed its lessors that because of the
new law it was making certain changes in their relationships "so as to definitely establish
that all drivers in company-owned or lessor-owned equipment are our employees, and we
will maintain complete control and direction over the way and method that they perform
117 NLRB No. 241.
1056 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
but excluding office clerical employees , guards, and supervisors as
defined in the Act.
[Text of Direction of Election omitted from publication.]
their duties." In view of the Employer's clearly manifested intent which it has begun to
implement , to comply with the Michigan statute, which applies the same "right of con-
trol" test that is applied by the Board, we find that all those who drive vehicles for the
Employer are its employees and we shall include them in the unit.
California Water & Telephone Company and Local 1008 of the
I. B. E. W., AFL-CIO, Petitioner . Case No. 21-RC-4596. April
11, 1957
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John Kelly, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.'
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 Leedom and Members Murdock and Rodgers].
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 certain em-
ployees of the Employer.
3. A 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.
4. The amended petition seeks (1) a separate unit of all employees
in the Employer's commercial department, excluding those employed
in the division offices, and (2) the addition of all presently unrepre-
sented employees in the plant department to the group already repre-
sented by it. The Employer, however, contends that a unit compris-
ing all employees in its telephone division is alone appropriate.
The Employer is a public utility engaged in furnishing water and
telephone services. Only its telephone division is involved in this
proceeding. This division comprises the following departments:
a. The plant department, which handles the installation and main-
tenance of equipment.
1In its brief the Employer contends that Petitioner has not made a sufficient showing
of interest That is a question not litigable in a representation proceeding but one
solely for the administrative determination by the Board. Moreover , we are administra-
tively satisfied that Petitioner 's showing is adequate
117 NLRB No. 152