Hub Cycle and Radio Co., Inc.

National Labor Relations Board - Board Decisions

Aug 9, 1948

78 N.L.R.B. 913 (N.L.R.B. 1948)

_In the Matter of HUB CYCLE AND RADIO COMPANY, INC., EMPLOYER and
LOCAL *504, GENERAL WAREHOUSEMEN, SHIPPERS, PACKERS, RECEIV-
ERS, STOCHMEN, CHAUFFEURS & HELPERS, AFFILIATED WITH I. B. T.
C. W. & H. or A. F. OF L., PETITIONER
Case No. 1-RC-27j.-Decided August 9,19118
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
,of the National Labor Relations Board. The hearing officer's rulings
.made at the hearing are free from prejudicial error and are hereby
,affirmed. At the hearing, and in its brief, the Employer moved to.
dismiss the petition on the ground that the unit sought is inappropri-
.ate. In view of our determination of the appropriate unit in Section
4, infra, the motion is hereby denied.
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 organization named below claims to represent em-
ployees of the Employer.
3. A question of representation exists concerning the representa-
i ion of 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 ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All employees 1 employed at the Employer's Boston, Massachusetts,
.establishment, including inside salesmen and outside salesmen, but
'excluding professional employees, executives, heads of departments,
guards, and all supervisors.
1 Including employee Sweeney. At the hearing the Petitioner claimed to have , but did
not present , additional evidence relating to this employee ' s supervisory status. The record
shows that Sweeney works as an adjuster in the bookkeeping department , where her duties
include touting invoices , accounts , and checks to other clerks in the department . We find,
on the basis of the evidence in the record , that she is not a supervisor within the meaning
of the amended Act. Accordingly, she is included.
78 N. L. R. B., No. 126.
913
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
There are 14 outside salesmen and 6 inside salesmen. The Peti-
tioner originally sought to exclude both groups of employees. Dur-
ing the hearing, it amended its petition to include the inside salesmen,
but exclude the outside salesmen, on the ground that the latter are
customarily within the jurisdiction of a different international union.
Subsequent to the hearing, the Petitioner submitted a brief, restating
its original unit description, and requesting "that the unit appropri-
ate be named as set forth in its petition."
The record indicates that the Employer operates a small, well inte-
grated business, in which all employees have a close community of
interest. Although the outside salesmen are paid at a higher rate
than the inside salesmen, all employees work the same number of
hours, and all receive the same vacation and other benefits. The out-
side salesmen spend a portion of their time as inside salesmen. Both
types of salesmen and the stock employees are under the same super-
vision. Interchange among inside salesmen, outside salesmen, and
stockmen has occurred regularly for the past 12 years. Outside sales-
men are recruited from the inside salesmen, and the latter, in turn,
are recruited from the stockmen.
The Petitioner does not presently represent outside salesmen.
Other locals, however, affiliated with the same International Union
do represent such employees. Although it expressed an unwillingness
on the record to represent the outside salesmen, the Petitioner did
not indicate that it would refuse to represent these employees, should
the Board include them in the unit.
We find, for the reasons discussed above, that the inside salesmen
and the outside salesmen are appropriately included in the same unit
with the other employees.2
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction , under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately*
preceding the date of this Direction of Election , including employees
who did not work during said pay-roll period because they were ill,
2 Ct Matter of Credit Bureau of Greater Boston, Inc , 73 N L R B 410.
HUB CYCLE AND RADIO COMPANY, INC. 915
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to
determine whether or not they desire to be represented, for purposes
of collective bargaining, by Local 504, General Warehousemen, Ship-
pers, Packers, Receivers, Stockmen, Chauffeurs & Helpers, affiliated
with I. B. T. C. W.&H. of A. F. of L.
'MEMBERS HOUSTON and GRAY took no part in the consideration of
the above Decision and Direction of Election.