Rainbo Bread Co.

National Labor Relations Board - Board Decisions

Oct 25, 1956

116 N.L.R.B. 1438 (N.L.R.B. 1956)

1438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on materials. Also employed in the laboratory are apprentice quality
control men, who perform technical tests of a more routine charac-
ter than those carried out by the quality control engineer, who heads
the quality control department. The record does not show any inter-
change between the quality control department employees and the
employees engaged in production. We find that the quality control
engineer is a technical employee and that he and the apprentice quality
control men have interests which differ from those of the employees
in the unit. We shall therefore exclude those employees.
Finishing materials quality control man: This employee is salaried
and his duties are similar to those of the quality control engineer. Ac-
cordingly, we shall exclude him.
Engineer in charge of plant layout (Turner) : Turner is the Em-
ployer's engineer in charge of plant layout work and the remodeling
and design of new machines. As it is clear that Turner is at least a
technical employee, we shall exclude him.
We find that all production and maintenance employees at the Em-
ployer's Morganton Plant, Morganton, North Carolina, including the
assistant to the finishing department foreman (Garretson), the fin-
ishing room serviceman assigned to the plant, upholstery leadman
(Ledford), shipping clerk (Smith), typist-clerks and truckdriver in
upholstery department, car checkers, car loaders, truckdriver, and
stockman in shipping department, interplant truckdrivers, Alpine
warehousemen, watchmen, sample plant employees, and the laboratory
helper, but excluding office clerical employees, professional employees,
the gateman, bill-out men, methods engineers, and the quality control
engineer and his apprentices, finishing materials quality control
man, the engineer in charge of plant layout, and all supervisors as
defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
MEMBER BEAN took no part in the consideration of the above Deci-
sion and Direction of Election.
Rainbo Bread Company and Bakery Wagon Drivers and Sales-
men's Union , Local No. 219, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of Amef-
ica, AFL-CIO, Petitioner. Case No. 30-RC-1179. October 25,
1956
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 F. T. Frisbey, hearing of-
116 NLRB No. 199.
RAINBO BREAD COMPANY 1439
ficer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
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 Petitioner seeks to represent a unit limited to the Employer's
"miscellaneous" employees who are engaged in the handling, process-
ing, wrapping, and packing of baked products after such products
come from the Employer's bakery department. The bakery depart-
ment employees are currently represented by the Bakery and Con-
fectionary Workers Union, Local No. 26, AFL-CIO. The driver-
salesmen are represented by the Petitioner. All other employees of the
Employer are unrepresented. The Employer apparently contends
that the unit sought is too limited in scope and that the only unit
appropriate for collective-bargaining purposes is a unit which includes
the employees sought by the Petitioner and all other unrepresented
employees other than office clerical employees. The Employer would
include within the unit the garage employees, maintenance mechanics,
and janitors.
The record shows that the work performed by the employees sought
by the Petitioner is on occasion performed also by the maintenance
mechanics or even the janitors , that there is an interchange of em-
ployees among the classifications sought by the Petitioner and classi-
fications sought to be included in the unit by the Employer, and that
the employees in all of the classifications receive the same vacation,
welfare, and other fringe benefits. Under these circumstances, we find
that the duties and interests, of the "miscellaneous" employees sought
are not so distinguishable from those of other employees in the plant
to warrant a finding that they, constitute an appropriate departmental
unit.', However, as the "miscellaneous" employees, garage employees,
maintenance mechanics, and janitors are the only unrepresented pro-
duction and maintenance employees at the Employer's plant we find
that together they may constitute an appropriate residual unit .2 Ac-
cordingly, we shall direct an election in that unit.
Alleged temporary employees: At the hearing, the Employer con-
tended that a number of the then employed "miscellaneous" employees
were temporary employees with no reasonable expectation of perma-
1 See Red Dot Foods, Inc., 114 NLRB 149; Alpine Metals Manufacturing Company, 95
NLRB 1190 ; National Cylinder Gas Company, 100 NLRB 768.
9 See Red Dot Foods, Inc., supra.
1440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nent employment and that such employees should therefore be excluded
from the unit. The record shows that at the time of the hearing, the
Employer employed approximately nine additional "miscellaneous"
employees for the purpose of manually performing certain bread
cooling operations until the.automatic bread cooler could be repaired.
Some of these employees, however, were to be retained as permanent
employees after the automatic bread cooler was replaced in operation
sometime in July 1956. The remaining number of them were to be
dismissed immediately after such event. As it appears that the auto-
matic bread cooler should now be in operation and that the employees
currently employed are permanent employees, we find it unnecessary
to pass upon the Employer's contention.
We find that the following employees constitute a unit appropriate
for collective-bargaining purposes within the meaning of Section 9
_(b) of the Act:
All employees employed at the Employer's Denver, Colorado, plant,
including all wrapping machines operators, checkers, loaders, machine
feeders, bread rackers, utility employees, garage employees, mainte-
nance mechanics, and janitors, but excluding driver salesmen, bakery
department employees, office clerical and professional employees,
guards, watchmen, and all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Dongan Electric Mfg. Co . and Local 947, United Electrical, Radio
and Machine Workers of America (UE), Petitioner . Case.No.
7-RC-3139. October 26,1956
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-Iris H. Meyer, shearing offi-
cer. The hearing officer's rulings made at the hearing are'free 'from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees of
the Employer.'
3. On June 28, 1955, a union-shop contract was made by the Em-
ployer and the UE, an amalgamated local representing employees of
other employers as well as the Employer involved in this case. The
contract by its terms was to be in effect until May 11, 1956, and an-
3 Local 351, United Automobile, Aircraft and Agricultural Implement Workers of America,
AFL-CIO (UAW). and International Union of Electrical, Radio and Machine Workers,
AFL-CIO (IUE), intervened at the hearing.
116 NLRB No. 197.