Pepsi-Cola Bottling Co. of Cincinnati

National Labor Relations Board - Board Decisions

Mar 19, 1971

189 N.L.R.B. 105 (N.L.R.B. 1971)

PEPSI-COLA BOTTLING CO. OF CINCINNATI 105
Pepsi-Cola Bottling Company of Cincinnati and inclusion in the residual unit of the unrepresented
Bottlers & Bottle Beer Drivers Local 199 of the
International Union of United Brewery , Flour,
Cereal, Soft Drink and Distillery Workers of
America, AFL-CIO, Petitioner . Case 9-RC-8548
March 19, 1971
DECISION ON REVIEW
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND BROWN
On September 3, 1970, the Regional Director for
Region 9 issued a Decision and Direction of Election
in the above-entitled proceeding in which he found
appropriate a residual unit of checkers, vending
service clerks, the general store employee, the auto-
motive parts employee, and clerk dispatchers em-
ployed by the Employer at its Cincinnati, Ohio,
location. He rejected the Petitioner's request for
inclusion in such unit of two checkers at the
Employer's location at Covington, Kentucky, finding
them to be guards within the meaning of the Act.
Thereafter, the Employer and the Petitioner filed
Requests for Review of the Regional Director's
Decision. The Employer sought review of the Region-
al Director's finding that the checkers at Cincinnati
were not guards or supervisors on the ground that he
made findings of fact which were clearly erroneous
and had departed from precedent. The Petitioner
sought review of the Regional Director's finding that
the two checkers at Covington were guards and his
I We are satisfied , on review of the record, that the Cincinnati checkers
perform duties ordinarily associated with a clerical checking function and
protect the Employer 's property solely as an incident to such duties; and
that any duties the checkers have to report untoward occurrences are
shared by all of the Employer's employees.
We also agree with the Regional Director, on review , that the employees
whom the Regional Director included in the residual unit and who the
Petitioner contends may be excluded, are plant clerical employees and that
the interests which they, like the checkers , share with production and
maintenance employees, whom the Petitioner already represents , require
their inclusion in a separate residual unit. The Petitioner' s motion for
reconsideration relating to the guard status of the Covington checkers is
denied as it raises nothing not previously considered.
E As the unit found appropriate herein is broader than the unit sought
vending service clerks , automotive parts employees,
and the clerk dispatchers , all employed at the
Cincinnati plant , on the ground that in making such
determinations , the Regional Director departed from
precedent.
On October 1, 1970, the National Labor Relations
Board by telegraphic Order granted the Employer's
Request for Review as it related to the guard status of
the checkers at Cincinnati , granted the Petitioner's
Request for Review as it related to the inclusion in the
residual unit of the vending service clerks, the
automotive parts employee , and clerk dispatchers,
and denied the Requests for Review in all other
respects . The Board also stayed the election pending
Decision on Review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended , the Board
has delegated its powers in, connection with this case
to a three-member panel.
The Board has considered the entire record in this
case with respect to the issues under review , including
the briefs on review , and hereby affirms the Regional
Director ' s Decision.'
Accordingly, we shall remand the case to the
Regional Director for Region 9 for the purpose of
conducting an election pursuant to his Decision and
Direction of Election in the appropriate unit, except
that the period for determining eligibility shall be the
payroll period immediately preceding the date
of issuance.2
by the Petitioner, the Direction of Election is conditioned upon the
Petitioner's demonstrating , within 10 days from the date hereof , that it has
an adequate showing of interest in the broader unit found appropriate. In
the event the Petitioner does not wish to participate in an election in the
unit found appropriate we shall permit it to withdraw its petition upon
notice to the Regional Director within 10 days from the date of this
Decision . A corrected 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 9 within 7 days after the date of this
Decision on Review . 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 . Excelsior Underwear Inc., 156 NLRB
1236.
189 NLRB No. 22