Kansas Commissary Service, Inc.

National Labor Relations Board - Board Decisions

Mar 13, 1950

88 N.L.R.B. 1086 (N.L.R.B. 1950)

In the Matter of KANSAS COMMISSARY SERVICE, INC., EMPLOYER and
INTERNATIONAL UNION, UNITED AUTOM OBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETI-
TIONER
Case No. 17-RC-641.-Decided March 13, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Martin Sacks,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
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 [Chairman Herzog and Members
Reynolds and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer operates a cafeteria and canteen in the General
Motors, BOP, plant, in Kansas City, Kansas, for the exclusive use of
General Motors employees. Between 40 and 50 percent of General
Motors employees use the cafeteria and canteen. The nearest other
restaurant is 4 or 5 blocks from the plant. Because lunch periods are
,only 30 minutes long, few if any employees are able to use outside
restaurant facilities. During the year 1949, the Employer's sales
were in excess of $150,000 and its purchases were approximately $100,-
000. About 50 percent of its purchases were made outside the State
of Kansas.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act.'
2. The Petitioner is a labor organization which 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.
'Fairchild Cafeteria, 87 NLRB 667.
88 NLRB No. 203.
1086
KANSAS COMMISSARY SERVICE, INC. 1087
4. The Petitioner seeks a unit of all counter employees, runboys,
bakers, canteen employees, bus and dish room employees, pot washers,
and part-time cashiers in the Employer's cafeteria and canteen, ex-
cluding full-time cashiers, clerks, cooks, the bus supervisor, the chief
baker, the counter supervisor, guards, professional employees, and
other supervisors. The Employer contends that part-time cashiers,
should be excluded from the unit, and that the cooks, with the ex-
ception of the chief cook and the assistant chief cook, should be in-
eluded.
The Employer has 10 cashiers. Four work exclusively as cashiers;
the remaining 6 divide their time between cashier duties and food
service. All 10 cashiers receive the same rate of pay, work under the
same supervision even when they help in serving food, and have similar
working conditions. The part-time cashiers were hired as cashiers.
It is plain that the 6 part-time cashiers have interests which are identi-
cal with those of the full-time ones. We shall therefore exclude them
from the unit, in accordance with the agreement of the parties for
the exclusion of full-time cashiers.
The Petitioner asserts that the six cooks working in the cafeteria
are all supervisors. The Employer concedes that the chief cook and
his principal assistant are supervisors, but denies that the remaining
four cooks have any supervisory authority. The Petitioner furnished
no evidence that these four cooks have supervisory duties. We find
that they are not supervisors and shall include them in the unit.
We find that all counter employees, runboys, bakers, canteen em-
ployees, bus and dish room employees, pot washers, and cooks in the
Employer's cafeteria and canteen in the General Motors, BOP, plant,
in Kansas City, Kansas, excluding full and part-time cashiers, clerks,
bus supervisor, chief baker, counter supervisor, chief cook, assistant
chief cook, guards, professional employees, and other supervisors as
defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
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 Re-
lations Board Rules and Regulations , among the employees , in the
1088 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America (UAW-CIO).