George F. Burnett Co., Inc.

National Labor Relations Board - Board Decisions

Jun 9, 1950

90 N.L.R.B. 277 (N.L.R.B. 1950)

In the Matter of GEORGE F. B11 NETT Co., INC., EMPLOYER and UNITED
PAPER WORKERS OF AMERICA, CIO, PETITIONER
In the Matter of BOLIN DRIVE-AWAY Co., EMPLOYER and UNITED PAPER
WORKERS of AMERICA, CIO
In the Matter of. ROBERT F. WALKER, INC., EMPLOYER an:d UNITED
PAPER WORKERS OF AMERICA, CIO
Cases Nos. 13-RG'-918, 13-RC-917, and 13-RC-918.-Decided
June 9, 1950
DECISION AND ORDER
Upon separate petitions duly filed,' a hearing was held before Ivan
C. McLeod, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby atfirmed.2
The Intervenor moved to dismiss all three petitions upon the ;round
of contract bar, and also upon the ground that the units petitioned
for are inappropriate. The notion to dismiss is granted for the
reasons hereinafter stated.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Styles.]
Upon the entire record in this case, the Beard finds :
1. The Employers are engaged in commerce within the meaning
of the National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employers.
3. The Petitioner seeks, with respect to each Employer, separate
single units composed of city drivers, clog drivers, and checkers. The
Employers and the Intervenor contend that the units claimed are
inappropriate because the work performed by the requested employees
is closely integrated with that performed by the Employers' over-
the-road drivers.
"These cases were consolidated by order of the Board dated February 28,1950 '.
2 International Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of
America , Local No. 364. AFL, herein called the Intervenor, was permitted to intervene
upon the basis of contractual interest.
In view of our findings herein , we deem it unnecessary to consider the question of
contract bar.
90 NLRB No. 52.
277
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employers, all located in South Bend, Indiana, are independent
corporations. Their business is the transportation of automobiles
from manufacturer to distributor. The employees sought herein are
engaged in the moving of automobiles from the assembly line of the
Studebaker Corporation to storage lots of the individual Employers.
The checkers claimed are stationed at the Studebaker plant and
'perform paper work necessary to transfer custody of the cars to the
respective Employers. The claimed city drivers drive the automobiles
to the Employers' storage lots, where they are placed on trailer. trucks
and delivered by over-the-road drivers to distributors in various
parts of the United States. Although the Petitioner would include
dog drivers within each of the units sought, the record does not dis-
close the nature of the duties performed by these employees. The
Petitioner does not seek to represent over-the-road drivers.
While the Employers maintain separate job designations and pay
scales for the city employees sought, such employees, in each instance,
function as part of an integrated operation. Furthermore, there is
substantial interchange between city drivers and over-the-road driv-
ers. Also, with respect to each Employer, city employees and over-
the-road employees have the same supervision.' Moreover, since 1946
city employees have been covered in a bargaining contract between
the Intervenor and each individual Employer in a single unit de-
scribed as "all drivers and helpers of the Employer." 5 Under these
circumstances, we find that the requested units are not appropriate
for the purposes of collective bargaining.6
As we have found that the units sought are inappropriate for the
purposes of collective bargaining, we also. find, with respect to each
petition, that no question affecting commerce exists concerning the
representation of employees within the meaning of Section 9 (c) (1)
and Section 2 (6) and (7) of the Act. We shall therefore dismiss all
three petitions.
ORDER
Upon the basis of the foregoing findings of fact, and upon the en-
tire record in these proceedings, the.National Labor Relations Board
hereby orders that the petitions filed in the instant natters be, and
they hereby are, dismissed.
4 Insofar as Employer Robert N. Walker, Tic. is concerned, both its city drivers and
over-the-road drivers are under the same general supervision, but city drivers are under
separate immediate supervision.
5 Although the Petitioner contends that the Intervenor has failed to manifest proper
interest in the welfare of the employees requested herein, the Petitioner concedes that in
the past the Intervenor has been charged with the responsibility of bargaining for all
drivers and helpers of each Employer in it single unit.
6 See Baggett Transportation Company, Inc., 85 NLRB 1093.