Ponce Electric Co., Inc.

National Labor Relations Board - Board Decisions

May 14, 1958

120 N.L.R.B. 975 (N.L.R.B. 1958)

PONCE ELECTRIC COMPANY, INC. 975
Ponce Electric Company, Inc. and Union Local de Trabajadores
de la Ponce Electric Company, Petitioner. Case No. 04-RC-
1065. May 14, 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 Frank H. Parlier,
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'Bean and Jenkins].
Upon, the entire record in this case, the Board finds :
The Employer is engaged in the retail sale, distribution, service,
and repair of refrigerators, television sets, electric appliances, etc. in
Puerto Rico. It is one of several dealers on the Island acting as
agents for La Gran Cadena, wholesaler and, importer.. The Employer
is located at Ponce, La Gran Cadena at San Juan. Ninety percent
of the stock of the Employer, Ponce,Electric, is owned by Juan Covas
and his wife and the ;remaining 10 percent by Gabriel Covas, his
brother. ^ All of the stock of La Gran Cadena is owned by Juan
Covas, and he, is_ president of Ponce Electric and La Gran Cadena.
He is also majority stockholder and president of other enterprises in
Puerto, Rico. . -
La Gran Cadena makes territorial assignments for its dealers and
retains control of all'credit transactions. Gabriel Covas is manager
of Ponce Electric, and formulates and controls its labor policy.
There is 'no interchange of employees, between the Employer and La
Gran Cadena. One attorney and one auditor, however, serve all the
Covas corporations, although separate books of account are kept and
separate tax returns are made.
-All purchases made by, Ponce are either- directly or 'indirectly im-
ported, and for the calendar year 1957, the total value of such pur-
chases was approximately $225,000,,of which about $65,000 represents
direct imports. La Gran Cadena imports merchandise in excess of
$1,000,000 annually from the United States.
In view of the foregoing and the entire record, including the sub-
stantial identity of ownership and ' control of the corporations, the
similarity in nature 'of the enterprises (and their interrelationships)
and the close family ties, we find that the Employer and La Gran
Cadena constitute a single employer for jurisdictional purposes.'
Because the annual total of direct out-of-Puerto Rico purchases by
I Standard Furniture Company, 118 NLRB 35, East Detroit Stevedore Co, etc, 110
NLRB 929.
120 NLRB No. 132.
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the corporation herein found to constitute a single employer exceeds
$500,000, we find that the Employer is engaged in' commerce and that
it will effectuate the policies of the Act to assert jurisdiction over
this enterprise 2
2. The labor organization involved claims to-represent certain em-
ployees of the Employer. ,
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and'(7) of the Act.
4. The appropriate unit :
The Petitioner requested virtually a production and maintenance
unit with'tho usual exclusions. The Employer agreed generally with
the Petitioner, and at the hearing the parties stipulated to the unit
placement of several categories leaving others'to the Board. There is
no history of collective bargaining.
The parties stipulated to the inclusion of the following classifica-
tions : refrigeration mechanics; 'utility men who do plumbing and
electrical work, install TV antennae and do paint and repair work;
chauffeurs who drive trucks, load and unload merchandise; and la-
borers who clean and who also help with deliveries. The parties also
agreed to exclude ' outside salesmen, office clerical employees, and
apprentices or trainees.
The parties left to the Board the inclusion or exclusion of,the,fol-
lowing classifications:
Warehouse clerk: The duties of this employee are. to obtain mer-
chandise from the adjoining warehouse on order of the office, see to it
that the goods are in proper condition, and have them put on trucks
ready for delivery to customers. He is also responsible for keeping
a perpetual inventory. There, is no evidence, that he has ,any super-
visory duties. We find that the warehouse clerk is a plant , clerical
and we include him in the unit.
Parts clerk: There is one employee in the parts department, whose
principal duty is to furnish the mechanics with parts needed for, their
work and to keep records. He is also responsible for, keeping a per,
petual parts inventory. In addition he sells parts to customers at a
small counter in the parts, department. We find that, the As clerk,
is a plant clerical and we include,him in the unit.
Paint department clerks: There are three employees; in the paint
department who, work under a paint supervisor,,. Two of these, em-
ployees sell paint to customers over the counter. The.third employee,
is a deliyery boy, who cleans the department- and delivers. merchan-
dise, to customers on a ,bicycle., , We, find„ tliat, the,;delivery boy, is, a
8 F. Hilgemeier d Bro ., Inc., 108 NLRB 352, 35,4. Member Jenkins ,, accepting the defini-
tion of commerce containedin Section 2 (6) of the Act, would assert plenary jurisdiction
over enterprises in Puerto Rico in accordance with the intent of the Congress as expressed
in that subsection . / ''j'
AMERICAN WIRE WEAVERS' PROTECTIVE ASSOCIATION 977
maintenance employee and we include him in the unit. As- to the
employees who sell paint over the counter, the record is devoid of
evidence that they perform any other duties. The parties have agreed
to exclude certain salesmen . As these employees are essentially sales-
men, we shall also exclude them from the unit. , 1
Collectors : These men come to the office every day to obtain a list
of customer accounts for the purpose of making collections. They
work exclusively outside the plant, and, the Employer exercises no
control over their hours or the manner of work. They are paid a
salary,and a commission on,their collections. We find that the duties
of the collectors are closely related to those of the salesmen, as, are
their conditions of work and we exclude them from the unit.
, The following employees of the Employer constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act :
All production and maintenance employees at the Employer's plant
at Ponce, Puerto Rico, including refrigeration mechanics; utility
men who do plumbing and electrical work, install TV antennae and
paint and do repair work; chauffeurs who drive trucks, load and
unload merchandise; the warehouse clerk, the parts clerk, the delivery
boy in the paint department, but excluding all outside salesmen, paint
department clerks, office clerical employees, apprentices or trainees,
collectors, professional employees, TV mechanics,' watchmen, guards,
and all supervisors , as defined in the Act.
[Text of Direction of Election omitted from publication.]
I In accordance with the agreement of the parties , we find that the TV mechanics are
independent contractors and not employees , and we therefore exclude them from the unit.
American Wire Weavers' Protective Association , AFL-CIO, and
Ohio Division No. 2, American Wire Weavers ' Protective Asso=
ciation , AFL-CIO and The Lindsay Wire Weaving Company.
Case No. 8-CD-12. May 15,1958 1
DECISION AND ORDER '
This proceeding arises under Section 10 (k) of the Act which pro-
vides that "Whenever it is charged that any person has engaged in
an unfair labor practice within the meaning of paragraph (4) (D) of
Section 8 (b), the Board is empowered and directed to hear and de-
termine the dispute out of which such unfair labor practice shall have
arisen...."
On October 31, 1957, The Lindsay Wire Weaving Company, herein
called Lindsay or Employer, filed with the Regional Director for the
120 NLRB No. 130.
483142-59-vol. 120-63