Leaders-Nameoki, Inc.

National Labor Relations Board - Board Decisions

Aug 25, 1978

237 N.L.R.B. 1269 (N.L.R.B. 1978)

LEADERS-NAMEOKI, INC.
Leaders-Nameoki, Inc. and Retail Clerks Local 35,
Chartered by Retail Clerks International Union,
AFL-CIO, Petitioner. Case 14-RC-8690
August 25, 1978
DECISION AND DIRECTION
BY MEMBERS JENKINS. MURPIIY. AN[) TRUEFSI)AI.F
Pursuant to authority granted it under Section 3(b)
of the National Labor Relations Act, as amended, a
three-member panel has considered determinative
challenges in an election held May 24, 1978,' and the
Regional Director's report recommending disposi-
tion of same. The Board has reviewed the record in
light of the Employer's exceptions 2 and hereby
adopts the Regional Director's findings and recom-
mendations to the extent consistent herewith.3
Peggy Joe Hackney has been employed as a part-
time salesclerk by the Employer exclusively at Cross-
roads Plaza since October 1977. In addition, Hack-
ney has been employed on a full-time basis by anoth-
er unrelated employer. Washington Inventory
Service, taking inventory at various retail stores for
the most part during their nonbusiness hours at night
and on weekends. At the time of the election, she was
regularly scheduled to work about 50 hours per week
by Washington Inventory, and she has worked no
fewer than 20 hours per week in the past for that
employer.
Hackney averages 4 hours per week performing
her Crossroads salesclerk duties, usually working on
Monday or Tuesday nights. She punches a timeclock.
is paid $2.65 per hour, and receives vacation and per-
sonal holiday pay based on her average number of
hours per week. Neither she nor other eligible part-
time employees enjoy sick pay or pension benefits
which the Employer offers to full-time employees.
When she was hired. Hackney advised the Employer
that she would be willing to work on a part-time ba-
sis, if it did not interfere with her scheduled hours of
The election was ciinducted pursuant to a Stipulation for ( ertifiationi
Upon Consent Election. The tally was 5 for. and I against. the Petitioner:
there were 5 challenged ballots
In the absence of exceptions. we adopt. pro forma. the Regional )lrec-
tor's finding that regular full-time clerk-huyer Evelyn Boger, salesclerk Ran-
dy Hector, and regular part-timeJanitor Daniel Million are ehligible eniploy-
ees.
3 In agreeing with the Regional Director that the challenge to) the ballot
cast by Jolene Brady should be sustained. we rely silel on his determinia-
tion that she is a supervisor. The parties stipulated that I.eaders-Nameoki.
Inc., the facility involved in this proceeding, and leaders Mercantile, Inc..
constitute a single-integrated enterprise. Brady is a superisoer at the I eaders
Mercantile. Inc.. store where she works full time. I'herefore. we find that her
principal interests are so allied with management as to warrant her exclu-
sion from the Leaders-Nameoki unit Port , i (Call drunei ('luhb, 215 NLRB
22, 23 (1974).
work at Washington Inventory. At the Employer's
request, she thereupon submitted her work schedule
at Washington Inventory so that the Employer could
schedule her work at times which did not interfere
therewith. If Hackney does not desire to work for the
Employer at times she is not scheduled to work for
Washington Inventory, she may' reject such offered
work without any penalty.
In the above circumstances, the Regional Director
concluded that as Hackney only works for the Em-
ployer when her work does not interfere with her
full-time job, and has the option of accepting or re-
jecting offered work, she is a casual employee, and
thus should be excluded from the Crossroads unit.
We disagree.
Hackney's working full-time for another employer
has not prevented her from working a substantial
amount of time with the Employer. Indeed, the rec-
ord shows that Hackney regularly has been sched-
uled to work for the Employer on a weekly basis, and
in fact has worked at least 4 hours per week as an
average.
It is well established in department store cases that
part-time employees who regularly work an average
of 4 hours or more per week are considered to be
eligible regular part-time employees. Allied Store of
Ohio, 175 NLRB 966., 969 (1969); Sears Roebuck and
Co., 193 NLRB 330, 331 (1971). And this is so even
though they may work full-time for another em-
ployer 4 or are free to reject work when offered.5
Accordingly, since Hackney has been working for
the Employer an average of 4 hours or more per
week since October 1977, we include her in the unit
as a regular part-time salesclerk and we overrule the
challenge to her ballot.' The Regional Director had
overruled the challenges to the ballots of Evelyn Bo-
ger, Randy Hector, and Daniel Million, but since
these three ballots were not determinative, he recom-
mended that a certification of representative be is-
sued. Inasmuch as our conclusion that Hackney was
an eligible voter results in a sufficient number of
challenges to affect the result of the election, we shall
direct that they be opened and counted.
4u M ount Sna, IHtI, ..pa 233 NLRB 507 (1977).
Henr 1.x( (i,,lipun. 194 NI.RB 1107 1108 (1972).
lhe Regional Director relied ,in two cases to reach a contrar? result.
ilosever, both are distinghishable. In Haag Drug ( ompan,l Incoreporated.
146 N.RB 798, 801) ( 1964), the facts showed that the employee worked too
internmttentls or irregularly .s a part-time employee with the employer since
his acceptance of full-time employment elsewhere, to be considered to be a
regular part-time emplosee In At J Pirolli & Sons, Inc., 194 NLRB 241.
249 (1972), the employee was not regularly scheduled to work, the employer
had no record if the hours he had worked for it. had never called him to
comte inlo work, and he appeared for work only when he had time and
recel'ed work onily If It s, .ias aillable
237 NLRB No. 202
1269
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION
The Regional Director is hereby directed within 10
days of this Decision to open and count the ballots of
Peggy Joe Hackney, Evelyn Boger, Randy Hector,
and Daniel Million, to prepare and serve on the par-
ties a revised tally of ballots, and thereafter to issue
the appropriate certification based thereon.
1270