Myers Drum Co.

National Labor Relations Board - Board Decisions

Jun 29, 1967

165 N.L.R.B. 1060 (N.L.R.B. 1967)

1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Myers Drum Company and General
Warehousemen Local 598, International
Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America,
Petitioner
Myers Drum Company and United
Steelworkers of America, AFL-CIO, Peti-
tioner . Cases 21-RC-10371 and 21-RC-10389.
June 26,1967
DECISION AND DIRECTION OF ELECTIONS
BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING
AND ZAGORIA
Upon petitions duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing was held in these consolidated cases before
Hearing Officer I. W. Ein. The Hearing Officer's
rulings made at the hearing are free from prejudicial
error and are hereby affirmed. The Steelworkers and
the Employer have filed briefs in support of their
positions.
Pursuant to the provisions of Section 3(b) of the
Act, the National Labor Relations Board has
delegated its powers in connection with these cases
to a three-member panel.
Upon the entire record in these cases, including
the briefs, the National Labor Relations Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act, and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organizations involved claim to
represent certain employees of the Employer.
3. Questions affecting commerce exist concerning
the representation of certain employees of the
Employer within the meaning of Section 9(c) (1) and
Section 2(6) and (7) of the Act."
4. The Employer is engaged in the business of
manufacturing and reconditioning drums and
barrels at its Los Angeles, California, plants. The
production employees including warehouse
employees at the 5400 South Soto Street plant have
been represented as a separate unit since 1959, the
Steelworkers being certified in 1963 as the
representative of that unit. In 1964, that Union
i The Employer moved that the Steelworkers petition, filed on
March 16, 1967, be dismissed as it was filed during the 60-day
insulated period of its contract with that Union terminating on
April 30, 1967. The Teamsters petition was filed on February 27,
1967, and thus timely raised a question concerning representation
with respect to the established production unit covered by that
contract. Consequently, we need not decide whether or not the
Steelworkers petition was timely with respect to the production
employees. However, as the maintenance employees were not
covered by the agreement, the Steelworkers petition was clearly
timely with respect to them In view of the foregoing, the
Employer's motion to dismiss the Steelworkers petition is denied
i The Kroger Company, 155 NLRB 546, 550
8 Ibid., see also American Cyanamid Company, 131 NLRB 909.
Truckdrivers are presently represented in a separate unit.
5 Included in the historical unit of production employees are
entered into a contract with the Employer for the
certified unit, such contract to expire on April30,
1967. In May 1965 the unit was extended to cover
production employees at the Employer's fiber drum
plant at 5716 South Soto Street.
The Teamsters in its petition seeks an election in
the established production unit; while the
Steelworkers petition is for a single overall
production and maintenance unit. The Employer
contends that such a broad unit is inappropriate, and
argues that in any event the maintenance
employees, who are unrepresented, are entitled to a
self-determination election before being merged into
a unit with the production employees.
A production and maintenance unit such as that
the Steelworkers seeks is inherently appropriate.2
Accordingly, we find that the Employer's production
and maintenance employees may constitute an
appropriate unit. However, the record shows that the
unrepresented maintenance employees work out of a
shop apart from the production areas of the plants,
are under separate maintenance supervision, and do
not interchange with production employees.
Additionally, they are considered more skilled than
the production employees and receive a higher rate
of pay. Consequently, they constitute a readily
indentifiable group apart from the production
employees. In these circumstances, and in view of
the separate bargaining history for the production
employees excluding the maintenance employees,
we find that the two groups of employees
may constitute separate appropriate units .3
Consequently, we agree with the Employer that the
maintenance employees are entitled to a self-
determination election.
In view of the above, we shall direct elections in
the following voting groups at the Employer's Los
Angeles, California, plants, excluding from each
group all truckdrivers,4 office clerical employees,
professional employees, guards, and supervisors as
defined in the Act: (1) All production employees,5
and (2) all maintenance employees, including the
garage mechanics and toolcrib attendant.6
If a majority of employees in both voting groups
vote for the same union,7 the two groups will be
merged into a single, overall production and
maintenance unit, which in that event we find to be
the Employer's warehousemen.
6 The Employer has two unrepresented garage mechanics, who
do maintenance work on its trucks, and an unrepresented toolcrib
attendant, who requisitions food and supplies material and tools
to the maintenance employees None of these employees is
engaged in work directly related to, or involving, plant production
operations. In view of the foregoing, and as no party objects to
their inclusion, we find that the garage mechanics and toolcrib
attendant are properly a part of the maintenance group, and we
have therefore included them in that group
' Neither the Teamsters nor Steelworkers has made a showing
of interest for the maintenance group of employees Therefore, no
election shall be held among such employees unless one of the
unions makes a petitioner's showing for the group. The other
union must establish an intervenor's showing to appear on the
ballot.
165 NLRB No. 107
MYERS DRUM COMPANY 1061
appropriate. If, however, a majority in both groups
do not vote for the same union, then the group or
groups in which a union is selected shall separately
constitute a unit or units appropriate for collective
bargaining. If in either the production or
maintenance group a union does not receive a
majority, such group shall be unrepresented. The
Regional Director is instructed to issue the
appropriate certification or certifications in
accordance with the outcome of the elections.
[Direction of Elections8 omitted from
publication.]
8 An election eligibility list, containing the names and adresses
of all the eligible voters in each of the respective units in which an
election is hereby directed , must be filed by the Employer with
the Regional Director for Region 21 within 7 days after the date of
this Decision and Direction of Elections The Regional Director
shall make each such list available to all parties to the elections
No extension of time to file these lists shall be granted by the
Regional Director except in extraordinary circumstances . Failure
to comply with this requirement with respect to the elections
herein directed shall be grounds for setting aside these elections
whenever proper objections are filed. Excelsior Underwear Inc ,
156 NLRB 1236.
299-352 0-70-68