Manncraft Exhibitors Services, Inc.

National Labor Relations Board - Board Decisions

Aug 16, 1974

212 N.L.R.B. 923 (N.L.R.B. 1974)

MANNCRAFT EXHIBITORS SERVICES, INC. 923
Manncraft Exhibitors Services, Inc. and General
Truck Drivers, Chauffeurs, Warehousemen and
Helpers, Local 270, a/w International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America , Ind., Petitioner. Case 15-
RC-5371
August 16, 1974
DECISION ON REVIEW
BY CHAIRMAN MILLER AND MEMBERS FANNING
AND JENKINS
On April 11, 1.974, the Regional Director for Re-
gion 15 issued- a Decision and Direction of Election
in the above-entitled case in which he found appropri-
ate a unit of Employer's carpenters, truckdrivers,
forklift drivers, and helpers.' The Regional Director
excluded, as casuals, those employees classified by the
Employer as "regular part-time permanent employ-
ees." Thereafter, in accordance with Section 102.67 of
the National Labor Relations Board Rules and Regu-
lations, Series 8, as amended, the Employer filed a
timely request for review of the Regional Director's
Decision contending, inter alia, that in excluding the
regular part-time permanent employees from the unit,
the Regional Director made erroneous findings of fact
and departed from established Board precedent.
On May 20, 1974, the National Labor Relations
Board by telegraphic order granted the request for
review regarding the regular part-time employees, de-
nied review in all other respects, and stayed the elec-
tion pending decision on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has reviewed the entire record in this
proceeding with respect to the issue under review, and
makes the following findings:
The Employer is a Florida corporation with a loca-
tion in New Orleans, Louisiana, involved herein,
where it is engaged in providing convention services.
The Petitioner sought a unit of "all employees," ex-
cluding office clerical employees, professional em-
ployees, salesmen, supervisors, watchmen, and/or
guards as defined in the Act.
In providing convention services, the Employer uti-
i All regular full-time permanent employees , including carpenters , truck-
drivers, forklift drivers , and helpers ; excluding all casuals and standby casual
employees, the draftsman , office manager, head secretary , convention secre-
taries , receptionist, bookkeeper-payroll clerk , the general manager, produc-
tion manager, production foremen , shipping and receiving clerk , guards, and
supervisors as defined in the Act.
lizes three distinct categories of employees: a nucleus
of full-time permanent employees who work in excess
of 40 hours per week; regular part-time permanent
employees (herein referred to as regular part-timers)
who are called by the Employer as needed to meet
business requirements; and standby employees 2 who,
like the regular part-timers, are listed by the Employer
and called when insufficient personnel are available
from the previous groups. There are approximately 8
to 10 full-time employees, 20 to 25 regular part-time
employees on the Employer's regular part-time list,'
and 30 to 50 standbys. According to the Employer,
regular part-timers are so classified because they are
more reliable than standbys. Recently, additional full-
time employees were drawn from the part-time group.
As indicated, at the hearing the Employer urged the
inclusion of the regular part-timers on the basis that
they performed the same type of work as full-time
employees, had similar wage rates, and worked on a
regular basis.
The Regional Director rejected the Employer's re-
quest and excluded the "regular part-time employees"
finding they were temporary casuals based upon the
facts that they enjoy permanent employment else-
where, are free to reject Employer's work offers with-
out reason, and work irregularly as the Employer's
need arises and their discretion approves. We disagree
with the Regional Director's finding as to this group
of employees and, for the reasons stated herein, we
find that certain of the part-time employees should be
included in the unit.
The record discloses that the regular part-time em-,
ployees on the Employer's list are called as needed by
the Employer. Although they have other employment,
they are called on the basis of the Employer's knowl-
edge of their availability for employment with the
Employer. While they can refuse the Employer's offer
when called, repeated refusals will result in their being
considered a standby employee 'rather that a part-
timer. This is record evidence with respect to the part-
timers as a group, that certain among them have aver-
aged 15 hours per week for the Employer although the
time period upon which the average is based is uncer-
tain, and that some have worked 80 to 90 percent of
the weeks in 1973. In addition, there is testimony that
some of these part-timers have worked 11 of the 12
2 The parties agreed, and the Regional Director found, that the standby
employees are temporary casual employees who are properly excluded from
the unit.
3 Board Exh. 2, submitted by the Employer to assist the Regional Director
in investigating Petitioner 's showing of interest , listed 8 persons classified as
full-time weekly employees, 6 as permanent seasonal weekly employees, and
18 as part-time seasonal employees . No reference is made to permanent
part-timers. However, Employer's witness testified that the classification
"permanent seasonal weekly employees " is the same as regular part-time
employees and the part-time seasonal weekly employees are the same as the
standbys.
212 NLRB No. 128
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
weeks prior to the hearing in 1974.
Although evidence is lacking concerning the specif-
ic work records of individual employees in this group,
it is clear that some of the part-time employees listed
by the Employer have sustantial histories of employ-
ment. The record discloses that when these employees
are called and report for work they continue to report
regularly until they are no longer needed. Subsequent-
ly, they are called again as business demands require.
When employed, these individuals perform the duties
of helpers and drivers and work with and under the
same supervision as the regular full-time employees in
providing the convention services rendered by the
Employer. In view of their common work tasks, com-
mon supervision, and other conditions of employ-
ment, it is concluded that the Employer's regular
part-time employees share a community of interest
with the full-time employees included in the unit.
In circumstances such as exist here where the em-
ployees involved have varying work histories with the
Employer, albeit they share a community of interest
with other employees, the Board attempts to set an
equitable formula for determining the placement of
the employees involved based upon such factors as
length, regularity, and currency of their employment.
In consideration of the above factors, and in view of
the fact that the record does not contain detailed evi-
dence of the work records of individual part-time em-
ployees, we conclude that those employees who have
worked a minimum of 15 days in the calendar quarter
preceding the eligibility date who have not been ter-
minated for cause or quit voluntarily are regular part-
time employees as the Board customarily uses that
term and we shall include them in the unit .4
Accordingly, we shall remand the case to the Re-
gional Director for the purpose of conducting an elec-
tion pursuant to his Decision and Direction of
Election, as modified herein, except that the payroll
period for determining eligibility shall be that imme-
diately preceding the date of issuance of this Deci-
sion.5
4Scoa, Inc, 140 NLRB 1379,1381,1382(1963) See also Daniel Ornamen-
tal Iron Co, Inc., 195 NLRB 334 (1972).
5 In order to assure that all eligible voters may have the opportunity to be
informed of the issues in the exercise of their statutory right to vote , all parties
to the election should have access to a list of voters and their addresses which
may be used to communicate with them . Excelsior Underwear Inc, 156
NLRB 1236 (1966); NLRB. v. Wyman-Gordon Co, 394 U.S 759 (1969).
Accordingly , it is hereby directed that an election eligibility list, containing
the names and addresses of all the eligible voters, must be filed by the
Employer with the Regional Director for Region 15 within 7 days of the date
of this Decision on Review The Regional Director shall make the list avail-
able to all parties to the election . No extension of time to file this list shall
be granted by the Regional Director except in extraordinary circumstances
Failure to comply with this requirement shall be grounds for setting aside the
election whenever proper objections are filed.