Gaspro, Ltd.

National Labor Relations Board - Board Decisions

Oct 31, 1955

114 N.L.R.B. 833 (N.L.R.B. 1955)

GASPRO, LTD. 833
Upon the basis of the foregoing findings of fact, and upon the entire record in the
case, I make the following:
CONCLUSIONS OF LAW
1. Newspaper and Mail Deliverers' Union of New York and Vicinity, Independent,
is a labor organization within the meaning of Section 2 (5) of the Act.
2. By complying with the Union's request with respect to the hiring of James
Hulahan and Floyd Levine thereby encouraging membership in Respondent Union,
Respondent Brodsky has engaged in and is engaging in unfair labor practices within
the meaning of Section 8 (a) (3) of the Act.
3. By interfering with, restraining, and coercing its employees in the exercise of
the rights guaranteed in Section 7 of the Act Respondent- Brodsky has engaged in and
is engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the
Act.
4. By attempting to cause and causing Respondent Brodsky to discriminate in
violation of Section 8 (a) (3) of the Act Respondent Union has engaged in and is
engaging in unfair labor practices within the meaning of Section 8 (b) (2) of the
Act.
5. By restraining and coercing employees in the exercise of rights guaranteed
by Section 7 of the Act Respondent Union has engaged in and is engaging in unfair
labor practices within the meaning of Section 8 (b) (1) (A) of the Act.
6. 'the aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
Gaspro, Ltd. and Hawaii Teamsters and Allied Workers, Local
996, AFL, Petitioner. Case No. 37-IBC-275. October 31, 1955
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 M. C. Dempster, hearing
officer. 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.
2. The labor organization involved claims to represent certain
employees 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 Petitioner seeks to represent in a single unit all employees
at the Employer's "main" plant and lime plant, located on Kuwili
Street, Honolulu, Island of Oahu, Territory of Hawaii, and all em-
ployees of its Kalihi clay products plant and acetylene plant, located
on Kam Highway on the same island. The Employer contends that
the appropriate unit should also include employees at its Waianae
quarry which is also located on the Island of Oahu approximately
30 miles from the Kuwili and Kalihi plants.;
1 The Kuwili plants and the Kalihi plants are located approximately 1 to 2 miles apart.
114 NLRB No. 132.
834 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The record discloses that the Employer's facilities at the Kuwili
Street location include, in addition to its "main" plant and lime plant,
its general offices, merchandising department, maintenance depart-
ment, and shipping department. At its "main" plant the Employer
manufactures and purifies compressed and liquefied gases. The
"main" plant is divided into a compressed oxygen plant, a CO2 plant,
and a cylinder maintenance department? The employees in the cylin-
der maintenance department perform duties related to hydrostatic
testing, valving, and dehydrating of cylinders and perform whatever
other maintenance is required on cylinders used in the Employer's
operations. At its Kuwili Street lime plant, the Employer processes
limestone obtained at the Waianae quarry 3 for subsequent sale to its
customers. The Kalihi acetylene plant generates, purifies, and com-
presses acetylene gas into cylinders. The Kalihi clay plant manufac-
tures a diversified line of clay products, which includes tiles, pots, and
building bricks. From its Waianae quarry the Employer obtains
raw limestone. This limestone is then transported to facilities located
at or near the site of the quarry, where it is graded by screening and
crushing operations. Approximately 50 percent of the limestone
quarried and processed at Waianae is transported directly to the Em-
ployer's Kuwili lime and Kalihi clay plants, where it is used in the
above-described operations. The remaining portion of the limestone
is sold directly to outside contractors.
The Employer's overall operations are directed and managed from
the general offices located on Kuwili Street by three officers of the
corporation, namely, the president and general manager, the vice
president and assistant manager,4 and the secretary. The secretary
also serves as superintendent in charge of the Waianae quarry and,
in directing this operation, spends approximately 20 percent of his
time at the site of the quarry. The secretary also oversees operations
.at the Kuwili and Kalihi plants, and similarly spends approximately
20 percent of his time at each of these locations. The remainder of
his time is spent performing the various administrative functions nec-
essary for these operations. The vice president, in addition to his
functions as assistant manager and treasurer of the corporation, serves
as office manager in charge of the general offices. He is also in charge
of the merchandising department.
The evidence shows that sales of products of the Kuwili and Kalihi
plants are handled through the Employer's merchandising department
located on Kuwili Street. It also appears that all administrative and
2 In connection with the cylinder maintenance operation, the Employer also operates a
painting department and a wheelabrator department.
3 At the hearing the Employer testified that, for various business reasons, it was
presently contemplating moving its lime operations from the Kuwili Street plant to an
inactive lime plant located at the site of the Waianae quarry.
4 The vice president also serves as treasurer of the corporation.
GASPRO, LTD. 835
personnel policies emanate from the Employer's Kuwili Street general
offices. The employees in the maintenance department, also located
on Kuwili Street, perform all maintenance and construction work nec-
essary for the Employer's entire operations. These employees are
divided into two groups; those employed in the machine shop 5 and
those who work out of the maintenance department performing con-
struction and maintenance work wherever needed. The record fur-
ther discloses that on occasion when equipment at the quarry is torn
down the parts are transported to the machine shop for the required
machine work. On other occasions, when it is impossible or impracti-
cable to transport the parts to the machine shop, the mechanics per-
form the necessary work at the quarry. The same procedure is appar-
ently followed at the Employer's other operations.
In view of the foregoing, particularly the centralized managerial
control, the dependence of the lime plant and the clay plant upon the
quarry operations, and the high degree of integration between all the
operations involved herein, we find, contrary to the contention of the
Petitioner, that the employees at the Kuwili plants, the Kalihi plants,
and the Waianae quarry constitute the appropriate unit 6
The Petitioner, in disagreement with the Employer, contends that
three stationary engineers employed in the "main" plant are not super-
visors and that, therefore, they should be included in the unit. The
record discloses that the "main" plant operates on a three-shift basis,
with a stationary engineer, a manifold operator, and an employee who
makes dry ice out of CO2 assigned to each of the shifts. The station-
ary engineers, who work on a rotating basis, lay out and responsibly
direct the work of the employees detailed to their shift. In addition,
when the cylinder maintenance department works a night shift, the
stationary engineer on duty is in charge of the 2 to 3 employees who
test, clean, and repair the cylinders. During the night shift the
stationary engineer is directly responsible for the operation and safety
of the entire plant, and in the discharge of this responsibility he is
required to use his individual discretion and judgment. The stationary
engineers are paid on a salary basis, whereas the employees under them
are paid on an hourly basis. They have the authority effectively to
recommend the hire, fire, and discipline of other employees. Under
these circumstances, we find that the stationary engineers are super-
visors within the meaning of the Act. We shall, therefore, exclude
them from the unit.
Upon the entire record in this case, we find that the following
employees of the Employer constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
5 The machine shop is located over the Employer's "main" plant.
9 Cf. Hoinestake Mining Co., 105 NLRB 198.
387644-56-vol. 114-54
'836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All production and maintenance employees at the Employer's
Kuwili "main" and lime plants, its Kalihi clay products and acetylene
plants, and at its Waianae quarry, excluding office clerical employees,
-guards, watchmen, professional employees, stationary engineers, and
other supervisory employees as defined in the Act.
[Text of Direction of Election' omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Direction of Election.
7 On July 18 , 1955, after the hearing herein and while this case was pending before the
Board, the Petitioner filed formal charges alleging that the Employer had committed
unfair labor practices in violation of Section 8 (a) (1), (3 ), and (5 ) of the Act. There-
after, on or about August 16, 1955, the Regional Director 'and the Employer, without the
participation of the Petitioner , entered into a settlement agreement and the unfair labor
-practice charges were, accordingly , dismissed. The Petitioner 's appeal from the settlement
agreement was denied by the General Counsel on October 4 , 1955. The election herein
shall not be conducted until after compliance with the settlement agreement , unless the
Petitioner otherwise agrees.
Rock Hill Printing & Finishing Co. and International Brother-
hood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, Local Union 71, AFL, Petitioner . Case No. 11-RC-774.
October 31,1955
DECISION, ORDER, AND DIRECTION OF SECOND
ELECTION
Pursuant to a stipulation for certification upon consent election,
-executed July 27, 1955, a secret ballot election was held under the
supervision of the Regional Director for the Eleventh Region on
July 28, 1955, among employees in the stipulated unit. Following the
,election, a tally of ballots was furnished the parties. The tally shows
that of the 12 valid votes cast in the election, 5 were for, and 7 were
against the Petitioner.
On July 29, 1955, the Petitioner filed timely objections to conduct
affecting the results of the election. The Regional Director investi-
gated the objections and, on August 24, 1955, issued and duly served
upon the parties a report on objections in which he recommended that
the election be set aside. The Employer filed timely exceptions to
the report on objections.
The Board has considered the report on objections, the Employer's
exceptions, and the entire record in this case, and finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner is a labor organization claiming 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.
114 NLRB No. 131.