J. E. Faltin Motor Transportation, Inc.

National Labor Relations Board - Board Decisions

Dec 15, 1955

114 N.L.R.B. 1369 (N.L.R.B. 1955)

J. E. FAI,TIN MOTOR TRANSPORTATION , INC. 1369
In view of the foregoing, we find that the contract is a bar to an
election at this time. We shall, therefore, dismiss the petition.
[The Board dismissed the petition.]
MEMBERS MuxnocK and BEAN took no part in the consideration of
the above Decision and Order.
J. E. Faltin Motor Transportation, Inc. and Chauffeurs, Team-
sters & Helpers Local Union No. 633, International Brother-
hood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, AFL-CIO,1 Petitioner. Case No. 1-RC-4337. December
15,1955
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 John R. Coleman,
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 a unit comprised of all office
clerical employees at the Employer's Manchester, New Hampshire,
terminal, including the assistant paymaster, cashiers, stock clerks, but
excluding the paymaster, collections manager, claims agent, assistant
claims agent, terminal manager, assistant terminal manager, office
manager, private secretary, professional employees, and supervisors
as defined in the Act. The Employer, although in general agreement
as to the scope of the appropriate bargaining unit, contends, in effect,
that the duties performed by the assistant paymaster, cashiers, and
stock clerks are closely allied with management' functions, and that,
therefore, these classifications should be excluded from the unit. The
employees involved herein are unrepresented for the purposes of col-
lective bargaining; however, the Petitioner represents in separate bar-
gaining units the Employer's truckdrivers, helpers, and warehouse-
i The 'A.FL and CIO having merged since the hearing in this ease we are amending the
Union's affiliation,
114 NLRB No. 213.
1370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men and its maintenance and garage employees, with each bargaining
unit.being covered by a separate bargaining agreement.
With respect to the disputed classifications, the record discloses the
following:
Cashiers : The Employer employs three cashiers who work under
the supervision of its office manager. In the performance of their
duties, the cashiers, who are located in an office area adjacent to the
truckdrivers' checkout room, receive cash, checks, receipts, and other
papers or records from the drivers collected during their respective
pickup and delivery runs. The cashiers, after a "combined account-
ing" with the drivers, verify the drivers' summaries and then turn the
cash, checks, and the receipts so received over to the office manager
who in turn makes an independent audit or accounting. The cash-
iers, as are all the employees whom the Petitioner seeks to represent
herein, are paid on an hourly basis and receive the same employment
benefits.
Assistant paymaster: The assistant paymaster, who works under
the supervision of the Employer's office manager, assists the paymaster
in the performance of functions related to the paymaster's office-
More explicitly, the assistant paymaster checks employee timecards,
handles the payroll checkbook, and assists in the preparation of the
payroll. He also helps distribute paychecks, is responsible for tho
payroll records, and, when the paymaster is absent, acts in the pay-
master's behalf. The assistant paymaster, however, does not have the
authority to sign paychecks, does not possess any supervisory author-
ity over the other office employees, and receives the same employment
benefits.
Stock clerks: The record discloses that the Employer employs two
stock clerks who work in its stockroom, located in the center of its
maintenance garage.2 In the performance of their duties, the stock
clerks, who work under the supervision of the maintenance superin
tendent, issue parts to the garage employees and maintain necessary
stock and inventory records.
In view of the foregoing, we find that the cashiers and the assist-
ant paymaster are office clerical employees whose conditions of eln-
ployment and interests are sufficiently related to those of the other
office clerical employees whom the Petitioner seeks to represent to
warrant their inclusion in the unit.' We shall, accordingly, include
these classifications in the unit. As to the stock clerks, we find,that
they are not management representatives, as contended by the Em-
ployer, but rather that these employees are plant clerical employees
2 The record discloses that the Employer 's garage is located in a separate building
which is situated approximately 300 feet from its terminal and office building.
8 See American Locomotive Company, Alco Products Division, 92 NLRB 115, 116 ; and
New York Water Service Corporation and Western New York Water Company, 100
NLRB 1246, 1248.
INTERMOUNTAIN EQUIPMENT COMPANY 1371
with substantial interests in common with the garage and maintenance
employees. Therefore, in accord with customary Board policy under
which plant clerical employees are excluded from units comprised
of office clerical employees, we shall exclude these employees from the
office clerical unit which the Petitioner seeks to represent. However, as
the Petitioner has indicated its desire to represent these employees,
and inasmuch as they appear to constitute all the unrepresented plant
clericals, we shall accord these employees an opportunity through an
election to express their desire as to whether or not they desire to be
included in the unit of maintenance and garage employees presently
represented by the Petitioner 4
In accordance with the foregoing, we find that all office clerical
employees at the Employer's Manchester, New Hampshire, terminal,
including the assistant paymaster and cashiers, but excluding the pay-
master, collections manager, claims agent, assistant claims agent, ter-
minal manager, assistant terminal manager, office manager, private
secretary, professional employees, and supervisors as defined in the
Act, constitute it unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
We shall also establish a voting group comprised of all unrepre-
sented plant clerical employees employed at the Employer's Manches-
ter, New Hampshire, terminal, excluding all other employees and
supervisors as defined in the Act. If a majority of the employees in
the voting group vote for the Petitioner, they will be taken to have
indicated their desire to be included in the unit comprised of the main-
tenance ,and garage employees currently represented by the Petitioner
and the Regional Director shall issue a certification of results of elec-
tion to such effect. If a majority in the voting group vote against the
Petitioner, they will be deemed to have expressed their desire to remain
outside the maintenance and garage employees' unit.
[Text of Direction of Election omitted from publication.]
MEMBERS MURDOCI{ and BEAN took no part In the consideration
of the above Decision and Direction of Election.
Wisconsin Motor Corporation, 100 NLRB 975, 976-977
Intermountain Equipment Company and General Teamsters,
Warehousemen and Helpers Local Union 483. Case No. 19-CA-
948. 'December 16, 1955
DECISION AND ORDER
On December 8, 1954, Trial Examiner James It. Hemingway issued
his Intermediate Report in the above-entitled proceeding, finding that
114 NLRB No 214.