Lock Joint Pipe Co.

National Labor Relations Board - Board Decisions

May 29, 1958

120 N.L.R.B. 1238 (N.L.R.B. 1958)

1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lock Joint Pipe Co. and International Union of Operating Engi-
neers, Local No . 9, AFL-CIO; International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers of America,
Local No. 13; and International Hod Carriers , Building and
Common Laborers Local Union No. 720, AFL-CIO, Jointly,
Petitioners. Case No. 30-RC-1403. May 29, 1958
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Clyde F. Waers, 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Rodgers, Jenkins, and Fanning].
Upon the entire record in this case, the Board funds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.2
3. A question affecting commerce exists concerning representation
of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The Joint Petitioners seek a unit combining the production and
maintenance employees with the truckdrivers. Since its certification
following consent election on May 9, 1956, the Hod Carriers, one of
the Joint Petitioners, has acted as bargaining representative for a
unit of production and maintenance employees, excluding the truck-
drivers. The truckdrivers have been separately represented by the
Joint Petitioner, Teamsters.
The Employer contends that the unit sought is inappropriate, on
the ground that the truckdrivers function separately from the other
employees. We find no merit in the Employer's contention. On its
face, the unit requested is appropriate because it is coextensive with
the entire company,' and there is no union in this proceeding which
seeks certification for a smaller unit.4 However, as the truckdrivers
have been excluded in past bargaining from the production and main-
i We find no merit in the Employer ' s contention that the form of the petition herein is
defective because certain items were not filled in, as it is clear that the Employer was
not thereby prejudiced . See Padgett PItnting and Lithographing Company, 101 NLRB
144.
2 We find the Joint Petitioners collectively to constitute a "labor organization" within
the meaning of the Act . The Stickless Corporation, 110 NLRB 2202.
8 See Western Electric Company, Incorporated, 98 NLRB 1018 , 1032; Beaumont Forg-
ing Company, 110 NLRB 2200, 2201.
4 See "M" System, Inc, 115 NLRB 1316, 1318.
120 NLRB No. 159.
THE BAILEY DEPARTMENT STORES CO. 1239
tenance unit, in accordance with settled Board policy they are pres-
ently entitled to a self-determination election with respect to their
inclusion with the production and maintenance employees.5 Accord-
ingly, we shall direct elections in the following voting groups:
A. All production and maintenance employees at the Employer's
Denver, Colorado, plant, excluding truckdrivers, office clerical em-
ployees,6 guards, and supervisors as defined in the Act.
B. All truckdrivers.
The unit determination will be dependent upon the outcome of the
elections. If a majority of the employees in voting group B vote for
the Petitioners, they will be taken to have indicated their desire to be
represented as part of the production and maintenance unit. In such
event, their votes will be pooled with those of the employees in voting
group A.' If a majority of employees in the pooled group select the
Petitioners, the Regional Director is instructed to issue a certification
of representatives to such labor organization for a unit of combined
voting groups, which we find under such circumstances to be appro-
priate for the purposes of collective bargaining. In all other events,
the Regional Director is instructed to issue a certification of results
of elections, as appropriate in the circumstances.
[Text of Direction of Elections omitted from publication.]
a The Zia Company, 108 NLRB 1134; see also Illcnois Cities Water Company, 87 NLRB
109.
6 The employee who dispatches the trucks is excluded, as the parties agree he is primarily
a clerical employee
I In the event the votes are pooled , they shall be accorded their face value.
The Bailey Department Stores Co . 1 and Retail Clerks Interna-
tional Association, AFL-CIO, and Office Employees Interna-
tional Union , Local Union 17, AFL-CIO, Joint Petitioners.
Case No. 8-RC-3132. June 2, 1958
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 Carroll L. Martin,
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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Leedom and Members Rodgers and Jenkins].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
1 The Employer 's name appears as amended at the hearing.
120 NLRB No. 118.