Rexall Drug and Chemical Co.

National Labor Relations Board - Board Decisions

Jan 21, 1966

156 N.L.R.B. 1099 (N.L.R.B. 1966)

RISER LABORATORIES 1099
to self-organization, to form labor organizations, to join or assist
International Union of District 50, United Mine Workers of
America, or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in
other concerted activities for the purpose of collective bargaining
or other mutual aid or protection, or to refrain from any or all
such activities.
MARION BOTTLING COMPANY, INC.,
Employer.
Dated---------------- By-------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 consecutive days from the
date of posting, and must not be altered, defaced, or covered by any
other material.
Employees may communicate directly with the Board's Regional
Office, Sixth Floor, 707 North Calvert Street, Baltimore, Maryland,
Telephone No. 752-2159, if they have any question concerning this
notice or compliance with its provisions.
Riker Laboratories , a Division of Rexall Drug and Chemical Co.
and Food , Drug & Beverage Warehousemen & Clerical Em-
ployees, Local 595, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America, Petitioner.
Case No. 31-RC-51 (formerly 21-RC-9752). January 21, 1966
DECISION ON REVIEW AND ORDER
On August 26, 1965, the Regional Director for Region 31 issued a
Decision and Direction of Election, finding appropriate a unit of all
warehousing-receiving and shipping section employees at the Employ-
er's Northridge, California, establishment, excluding all other employ-
ees. Thereafter, in accordance with the National Labor Relations
Board Rules and Regulations, Series 8, as amended, the Employer filed
a timely request for review of the unit determination. By telegraphic
order dated September 21, 1965, the Board granted the Employer's
request for review and stayed the election pending decision on review.
Thereafter, the Employer filed a brief on review.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this case to a three-member
panel [Chairman McCulloch and Members Fanning and Brown].
156 NLRB No. 99.
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has considered the entire record with respect to the issue
under review, including the Employers' brief, and makes the following
findings :
The Regional Director found appropriate, in accord with the Peti-
tioner's amended request, a unit of all warehousing-receiving and
shipping section employees at the Employer's Northridge, California,
establishment, comprised of about nine buildings. The requested
employees, 25 to 30 in number, work in a complex of 3 buildings which
is contiguous to the chemical processing area where there are produc-
tion employees. The nearest production building is 12 to 15 feet dis-
tant. The Employer contends that the smallest appropriate unit
herein would comprise all production and maintenance as well as the
requested shipping and receiving employees, a total of about 230
employees. There is no bargaining history for any of the employees
involved.
In the receiving section, under a foreman, there are warehousemen,
senior warehousemen, clerk-typists, and a recieving records clerk. In
shipping, a foreman has under him packers, senior packers, packing
clerks, and clerk-typists. There is a supervisor over both sections who
reports to the head of the pharmaceutical manufacturing department.
The receiving section receives incoming materials and equipment
and moves it into storage and, as needed, into production areas, using
forklifts, pallet packs, dollies, and handtrucks. The same moving
equipment is used by production employees in conjunction with their
production functions. Receiving-section employees at times assist in
the taking of quality control samples in production areas.
The shipping section packs the finished product, either in packaged
form or in bulk form, on pallets and places it in storage in readiness
for shipment by common carrier. In the production area, packaging
clerks and technicians of the packaging section prepare small pack-
ages of the products and place them on pallets for movement to the
shipping section. Packaging clerks exercise about the same degree of
skill and are paid the same wages as packing employees in the shipping
section.
Employees of the shipping and receiving sections are called upon to
assist maintenance men in making major installations and movements
of machinery, equipment, office furniture, etc. On occasion, there have
been temporary transfers of production employees to the shipping and
receiving sections for assistance on special projects. There have been
transfers and promotions of employees into and out of the shipping
and receiving sections. Employees of these sections enjoy the same
working conditions, facilities, and fringe benefits as production and
maintenance employees.
UNIVERSAL ELECTRIC COMPANY 1101
In view of the foregoing, and all the facts as disclosed by our review
of the record, especially the close proximity of the shipping and receiv-
ing sections to the production area and the degree of integration of
the shipping and receiving functions with other functions performed
in the production areas, we are unable to conclude that the requested
group possesses that degree of functional distinctness and autonomy
which would warrant a finding that they have a separate community
of interest.' We find, therefore, contrary to the Regional Director,
that the unit sought is too narrow in scope to be appropriate .2 Accord-
ingly, as the Petitioner does not seek an election in a broader appro-
priate unit, we shall dismiss the petition herein.
[The Board dismissed the petition.]
I See The Wm. H. Block Company, 152 NLRB 594; Sylvania Electric Products, Inc.,
113 NLRB 375.
2 The cases of Spaulding Fibre Co., Inc., 111 NLRB 237 , 'and H. P. Wasson & Company,
153 NLRB 1449 , relied upon by the Regional Director as support for his contrary con-
clusion, are factually inapposite.
Universal Electric Company and International Union, District 50,
United Mine Workers of America , Petitioner. Case No. 7-RC-
6878. January 21,1966
DECISION AND CERTIFICATION OF RESULTS OF
ELECTION
Pursuant to a stipulation for certification upon consent election,
an election by secret ballot was conducted on June 10, 1965, under
the direction and supervision of the Acting Regional Director for
Region 7 among the employees in the stipulated unit. At the con-
clusion of the election, the parties were furnished with a tally of ballots
showing that of approximately 756 eligible voters, 692 cast valid
ballots, of which 307 were for, and 380 were against, the Petitioner,
and 5 were challenged. The challenged ballots were insufficient in
number to affect the results of the election. Thereafter, the Petitioner
filed timely objections to the conduct of the election.
In accordance with the National Labor Relations Board's Rules and
Regulations, Series 8, as amended, the Acting Regional Director con-
ducted an investigation, and on August 19, 1965, issued and duly served
upon the parties his report on objections to election and recommenda-
tion, in which he recommended sustaining that portion of objection
No. 3 pertaining to an Employer speech delivered on June 9, 1965, and
overruling all other objections.' Accordingly, the Acting Regional
1 In the absence of exceptions thereto, we shall adopt the recommended dismissal of the
remaining objections pro forma.
156 NLRB No. 98.