Gluck Bros., Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1958

119 N.L.R.B. 1848 (N.L.R.B. 1958)

1848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
formed during the night shift. As it appears that the aforementioned
three subforemen responsibly direct employees and/or effectively
recommend concerning the status of employees, we find that they are
supervisors within the meaning of the Act, and we shall exclude them
from the unit.
Accordingly, we find that the following employees of the Employer
constitute a unit-appropriate for the purpose of collective bargaining
within the meaning of Section 9 (b) of the Act :
All production and maintenance employees at the Employer's 63
Nahatan Street, Norwood, Massachusetts, pressure regulators and
control equipment plant, including timekeepers, the shipping depart-
ment clerks; the subforemen in the day shift shipping department,
the day shift brass department, the day shift maintenance department,
the day shift testing and fabricating department, the day shift inspec-
tion department, the day shift valve test department, and the day
shift valve assembly department subforemen, and the AA machinist;
but excluding office clerical employees, professional employees, guards,
the subforemen in the night shift shipping department, the night shift
iron department, and the day shift snagging department and all other
supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Gluck Bros., Inc.' and Local Union 621, International Brotherhood
of Teamsters , Chauffeurs , Warehousemen and Helpers of
America,2 Petitioner
Gluck Bros., Inc. and United Furniture Workers of America,
AFL-CI0,3 Petitioner. Cases Nos. 10-RC-4004 and 10-RC-4007.
February 28, 1958
DECISION AND DIRECTION OF ELECTIONS
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before John H. Fenton,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.4
1 The name of the Employer appears as amended at the hearing.
z The Board has been notified by the AFL-CIO that the latter deems the Teamsters'
certificate of affiliation has been revoked by convention action . The identification of the
petitioning Union is amended accordingly.
8 Local 2888, United Brotherhood of Carpenters and Joiners of America , AFL-CIO,
herein called the Carpenters , intervened in Case No . 10-RC-4007 on the basis of a show-
ing"of interest.
4 The Employer 's contention as to the adequacy of compliance of United Furniture
Workers of America, AFL-CIO, herein called Furniture Workers, with Section 9 ( f), (g),
and (h ) of the Act involves an administrative matter not cognizable in this proceeding.
See Desaulniers and Company, 115 NLRB 1025 , and Standard Cigar Company
,
117 NLRB
119 NLRB No. 236.
GLUCK BROS., INC. 1849
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 Rodgers and Jenkins].
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 organizations involved claim to represent certain
employees of the Employer.'
3. Questions 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. Local Union 621, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, herein called the
Teamsters, the Petitioner in Case No. 10-RC-4004, seeks a separate
unit of over-the-road truckdrivers at the Employer's furniture plant
in Morristown, Tennessee. The Furniture Workers, the Petitioner
in Case No. 10-RC-4007, and the Carpenters, the intervenor therein,
seek a unit of production and maintenance employees, excluding over-
the-road truckdrivers. The Employer contends that only a plantwide
unit of all employees, including the truckdrivers, constitutes an appro-
priate unit for the purpose of collective bargaining. In the alterna-
tive, the Employer asserts that any separate unit of truckdrivers
should include, in addition to the over-the-road drivers, the local
drivers, the extra drivers, and the hostler. There is no history of
collective bargaining in the plant.
A. Truekdrivers Unit (Case No. 10-RC-4004)
The Employer employs 55 over-the-road truckdrivers who are
under the supervision of the truck foreman. They drive only on long-
haul trips, are paid on a mileage basis, are on a separate payroll, and
do not interchange with the hourly paid plant employees. There are
4, extra regular part-time drivers who make at least 1 long-haul trip
a week and are at other times available to substitute for the over-the-
road drivers. They are under the same supervision, receive the same
pay, enjoy the same benefits, and work under precisely the same condi-
tions as the regular over-the-road drivers. The two local drivers haul
furniture to and from the warehouse and haul trash around the yard.
Although they occasionally haul furniture to nearby areas, they do,
not substitute for the over-the-road drivers nor do they drive a truck
852 Moreover, we are administratively satisfied that the Furniture workers is in com-
pliance The sufficiency of the Carpenters' and Furniture workers' showing of interest is
an administrative matter not subject to litigation. 0 D Jennings & Company, 68 NLRB
516 We are administratively satisfied that their showing of interest is adequate.
5 As the Furniture Workers exist for the purpose of bargaining on behalf of employees,
we find that it is a labor organization within the meaning of the Act.
476321-58-vol. 119-118
1850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ordinarily used in making furniture deliveries . Unlike the over-the-
road drivers, they are under the supervision of the maintenance fore-
man, are hourly paid, and are on the plant employees payroll. The
hostler picks up trucks at the truck station, drives them to the dock,
ties down their tarpaulins , fills them with gas, and delivers them to
the over-the-road drivers ready for the road. Upon return of the
trucks, he inspects them and sees that they get the needed maintenance.
He is hourly paid and under the supervision of the truck foreman.
In view of the foregoing, we find, contrary to the Employer's con-
tention, that the over-the-road truckdrivers and the regular part-
time extra drivers are a distinct and identifiable group with interests
apart from the other employees and that they consitute a separate ap-
propriate bargaining unit for the purposes of collective bargaining."
In view of the differences between the working conditions of the over-
the-road drivers and the local drivers, who are more closely asso-
ciated with the operations of the plant, and as the primary respon-
sibility and interests of the hostler are different from those of the
truckdrivers, we shall exclude the local drivers and hostler from the
over-the-road truckdrivers unit.'
B. Production and Maintenance unit (Case No. 10-RC-4007)
The Employer would also include in the production and mainte-
nance unit firemen, watchmen, and the janitor, whom the Furniture
Workers and Carpenters would exclude.
The Employer employs four firemen who fire and keep steam in the
boilers. They are hourly paid, receive the same benefits as the plant
employees and are under the supervision of the general maintenance
`foreman. They perform no guard duties. As their interests and
conditions of employment are substantially the same as the other
employees in the unit, we shall, in accord with Board policy, include
the firemen in the production and maintenance unit."
The three watchmen protect the Employer's property from fire
and theft. They make rounds to punch their clocks every half hour.
They may order trespassers off the property but may not use force
to do so. In such cases they would call the local police. In these
circumstances, we find that they are guards within the meaning of
the Act and shall exclude them from the unit.'
The Employer employs one janitor whose only duty is to clean
the office and plant toilets. He is hourly paid and receives the same
benefits as the plant employees. In view of the foregoing, we find
9 See Jocie Motor Lanes, Inc, 112 NLRB 1201.
7Ibid, p 1204.
Wainer Wood Products Co., 117 NLRB 1895, at 1896.
e At mstrong Cork Company , 117 NLRB 262 , at 264.
CONTINENTAL CAN COMPANY, INC. 1851
that the janitor has interests closely allied to those of the production
and maintenance employees and shall include him in such unit.'°
Accordingly, we find that the following employees at the Em-
ployer's Morristown, Tennessee, furniture manufacturing plant, con-
stitute units appropriate for the purpose of collective bargaining
within the meaning of Section 9 (b) of the Act.
A. All over-the-road truckdrivers including extra drivers, but ex-.
eluding the hostler, local drivers, all other employees, office clerical
employees, guards, and supervisors as defined in the Act.
B. All production and maintenance employees including local,
drivers, the hostler, firemen, the janitor, plant clerical employees, and
subforemen, but excluding over-the-road drivers, extra drivers, office
clerical employees, professional employees, technical employees,
watchmen, guards, foremen, and other supervisors as defined in the
Act.
[Text of Direction of Elections omitted from publication.]
10 Jones-Dabnty Company, 116 NLRB 1556 , at 1558.
Continental Can Company, Inc. and United Steelworkers of
America, AFL-CIO and Lodge 162, District 34, International
Association of Machinists , AFL-CIO and Amalgamated Li-
thographers of America Local No. 8, AFL-CIO , Petitioners.
Cases Nos. 9-IfC-3229, 9-RC-3237, and 9-RC-3269. February 28,
1958
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held in
Cases Nos. 9-RC-3229 and 3237 before Clifford L. Hardy, hearing
officer. A hearing on Case No. 9-RC-3269 was held before Harold V.
Williams, hearing officer. At the second hearing the Amalgamated
Lithographers of America, Local No. 8, the Petitioner, moved that
the three cases be consolidated. The motion, which was referred
by the hearing officer to the Board, is hereby granted. The hearing
officers' rulings made at the hearings are free from prejudicial 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 [Members Rodgers, Jenkins, and Fanning].
1 The hearing officer's denial of the motion to intervene in Case No. 3269 by United
Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local 2578, on the ground
that the Carpenters had made no showing of interest in the unit petitioned for in that
case is hereby affirmed.
119 NLRB No. 234.