Healthco, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1977

233 N.L.R.B. 835 (N.L.R.B. 1977)

HEALTHCO, INC.
Healthco, Inc. - Healthco Medical Supplies and
Teamsters Local 317, an affiliate of the Interna-
tional Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, Petition-
er. Case 3-RC-6877
November 30, 1977
DECISION ON REVIEW
BY MEMBERS JENKINS, PENELLO, AND MURPHY
On March 30, 1977, the Regional Director for
Region 3 issued a Decision and Direction of Election
in the above-entitled proceeding, finding appropriate
a unit of warehousemen (or "pickers") and truckdri-
vers at the Employer's Mattydale, New York, facility
which excluded, inter alia, two purchasing agents,
three customer service representatives, and a ware-
house coordinator. Thereafter, in accordance with
Section 102.67 of the National Labor Relations
Board's Rules and Regulations, Series 8, as amended,
the Employer filed with the Board a timely request
for review of the Regional Director's decision,
contending that the Regional Director erred in
excluding the above-mentioned employees from the
unit.
By telegraphic order dated April 25, 1977, the
Board granted the Employer's request for review and
stayed the election pending a decision on review.
Thereafter the Employer filed a brief on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has reviewed the entire record in this
case with respect to the issues under review and
makes the following findings: The Employer is
engaged in the wholesale distribution and sale of
medical supplies to health care institutions. The
Union seeks to represent a unit consisting of the
Employer's truckdrivers and warehousemen. The
Employer contends that the unit petitioned for is
inappropriate and that the appropriate unit should
include, in addition to the categories sought by the
Petitioner, two purchasing agents, three customer
service representatives, and one coordinator. The
Union expressed its willingness to participate in an
election in a larger unit in the event a unit larger than
that sought is found to be appropriate.
In his decision, the Regional Director found that
although the disputed employees have functions
which denominate them as plant clerical employees,
they also spend a large amount of time dealing with
customers. On this basis he concluded that they are
office clericals and should be excluded from the unit.
233 NLRB No. 123
The Employer's Mattydale, New York, distribution
center has 17 employees. All operations are conduct-
ed in a single building which houses clerical
employees in the front, and warehousemen and
drivers in the rear.
The record reveals that the purchasing agents are
responsible for obtaining medical supplies from
manufacturers. They initiate the puchasing process
by placing an order with the manufacturer whenever
supplies are to be replenished. A copy of the
purchase order used is taken by a purchasing agent
to the warehouse area and given to an order picker
who places it in a file where it is maintained until the
order is filled. When the ordered merchandise is
delivered, it is received in the warehouse by the order
picker who then removes the purchase order from the
file and takes it along with a copy of the packing
memo which accompanied the order to the purchas-
ing agent in the office.
The coordinator receives all invoices in the mail
and distributes them to the customer service repre-
sentative. The customer service representative then
picks up a duplicate copy of the purchase order and
packing memo and matches them up with the
invoice. When the customer service representative
forwards the appropriate documents for payment,
the inflow process is completed.
The outflow or removal of merchandise from the
warehouse for distribution is triggered by receipt of a
sales order by a customer service representative from
the coordinator. After certain entries have been
made on the order it is taken by a purchasing agent
to a warehouse employee known as an order picker.
The pickers fill the orders and leave them in a
holding area. A copy of the sales order is removed
from the order and attached to the shipment as a
packing slip. A duplicate copy is then hand-carried
by a picker to the customer service representative.
When the driver picks up his order, loads it, and
delivers the merchandise, the outflow process is
completed.
While the foregoing indicates some interchange
and community of interest between the office and
warehouse personnel, there are several additional
factors which show that both groups of employees
belong in the same unit. Thus, Respondent's branch
manager, George A. Liperate, testified that it is not
unusual for customer service personnel to spend time
in the warehouse in order to expedite the distribution
of supplies that may be critical to a customer.
Further, office personnel spend some time checking
warehouse shelves to locate critical supplies that may
be needed in an emergency. Customer service
representatives may themselves check the order files
in the receiving area if the order pickers are too busy
to do so. Similarily, office personnel work with
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pickers in resolving purchase order discrepancies and
checking damage to shipments received. Pickers on
occasion have assisted the coordinator in checking
invoice records. The record also reveals that purchas-
ing agents have filled in for warehouse workers who
have been ill or on vacation.
With respect to work conditions both warehouse
and office employees have the same working hours.
All are hourly paid and receive overtime when they
work more than 40 hours in a week. All receive
comparable wages and the same pension, health, and
dental insurance benefits. The office and warehouse
employees share a common lunchroom and have
common supervision.
On the basis of the foregoing, and the record as a
whole, we find that the purchasing agents, customer
service representatives, and coordinator perform
duties which are directly related to and integrated
with the functions of the warehouse. These employ-
ees have regular contact with the warehouse employ-
ees in insuring accurate recordkeeping relative to the
movement, condition, and availability of the mer-
chandise located at the Employer's distribution
I See Jacob Ash Co., Inc., 224 NLRB 74 (1976): Sears. Roebuck and Co.,
222 NLRB 476 (1976).
center. In these circumstances, we find that the
disputed employees are plant clerical employees
whose interests are closely related to those of the
warehouse employees and drivers. Accordingly, we
shall include them in the unit.1 We therefore find
that the appropriate unit is as follows:
All warehousemen (or "pickers"), truckdrivers,
coordinator, purchasing agents, and customer
service representative employed by Healthco, Inc.
- Healthco Medical Supplies at its Mattydale,
New York, facility: but excluding all salesmen,
office clerical employees, professional employees,
guards, and supervisors as defined in the Act.
Accordingly, as the Petitioner indicated a willing-
ness to proceed to an election in any unit found
appropriate, the case is remanded to the Regional
Director for the purpose of conducting an election
pursuant to his Decision and Direction of Election,
as modified herein, except that the payroll period for
determining eligibility shall be that immediately
preceeding the issuance of this Decision.2
2 [Excelsior footnote omitted from publication.]
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