110 N.L.R.B. 593 (N.L.R.B. 1954)

Reimers-Kaufman Concrete Products Co.

National Labor Relations Board - Board DecisionsOct 26, 1954

110 N.L.R.B. 593 (N.L.R.B. 1954)

REIMERS-KAUFMAN CONCRETE PRODUCTS COMPANY 593 duties.' Accordingly, we find that the following employees at the Em- ployer's plant at 239 W. 39th Street, New York City, constitute a re- sidual unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: the mat production man, the mat cutter, the file pattern clerk, the 11th-floor shipping employees, the messengers, and the porters, but excluding all other employees, office clerical employees, watchmen, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] 1 See, for example , Lee Brothers Foundry, Inc., 106 NLRB 212; The Item Company, 108 NLRB 1261. REIMERS-KAUFMAN CONCRETE PRODUCTS COMPANY and INTERNA- TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE- MEN & HELPERS OF AMERICA, CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL No. 608, A. F. L., PETITIONER . Case No. 17-RC-1793. October 26,1954 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 Harry Irwig, hear- ing officer. 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, theBoard finds : 1. The Employer, a Nebraska corporation, is engaged in the'manu- facture and sale of ready-mixed concrete and concrete blocks, and'the manufacture, sale, and erection of concrete stave silos and corncribs. During the year 1953, the Employer made sales valued at approxi- mately $1,730,000, about $53,000 of which represented sales to cus- tomers outside the State of Nebraska. During the same period sales amounting to approximately $88,000 were made to building contrac- tors who performed services valued in excess of $50,000 in States other than Nebraska. Sales to one of these contractors, the Olson Construction Company, amounted to approximately $81,000. Dur- ing the year 1953, this latter contractor did approximately $12,000,000 worth of construction business, about $4,000,000 of which represented construction work done outside the State of Nebraska. Upon these facts, we find that the Employer is engaged in com- merce within the meaning of the Act, and that it will effectuate the policies of the Act to assert jurisdiction herein. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 110 NLRB No. 77. 338 207--5 5-vol 110-39 -594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 parties agree that a unit of all regularly employed truck- drivers, excluding production and maintenance employees, casual employees, office clerical and professional employees, guards, the superintendent, dispatchers, and other supervisors, is appropriate. The parties disagree as to the inclusion of all regular part-time truck- drivers. The Employer contends that they should be included in the unit, whereas the Petitioner contends that they should be excluded. At the time of the hearing, the Employer had about 35 truckdrivers, about 15 of whom were regular part-time drivers. The use of part- time drivers depends on the Employer's business and weather condi- tions. They are called from a list maintained by the Employer, when there is need for their work. They usually work 3 or 4 days a week, and sometimes work as many hours as regular full-time truckdrivers. They are paid the same wage rate and have the same working condi- tions and employee benefits as do the full-time truckdrivers. In ac- cordance with our usual practice, we shall include the regular part- time truckdrivers in the unit.' We find that all regular full-time and part-time truckdrivers, ex- cluding production and maintenance employees, casual employees, office clerical and professional employees, guards, the superintendent, dispatchers, and other supervisors, 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.] 'Marvel Roofing Products, Incorporated, et at., 108 NLRB 292; Hollywood Citizen News, 108 NLRB 202; Esseca-Graham Company, 107 NLRB 1491. MAYTAG AIRCRAFT CORP. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS LOCAL No. 968, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONER . Case No. 39-RC-685. October 06,1954 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 Louis S. Eberhardt, hearing officer. 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 contests the Board's jurisdiction. The record shows that the Employer is engaged in the refueling of military air- 110 NLRB No. 70.