294 N.L.R.B. 738 (N.L.R.B. 1989)

Rinker Materials Corp.

National Labor Relations Board - Board DecisionsMay 31, 1989

294 N.L.R.B. 738 (N.L.R.B. 1989)

738 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Rinker Materials Corporation, a Wholly Owned Subsidiary of RMC Holding (USA), Employer- Petitioner and Teamsters Local Union No. 769, International Brotherhood of Teamsters , Chauf- feurs, Warehousemen and Helpers of America, AFL-CIO and Local No. 675, International Union of Operating Engineers , AFL-CIO. Case 12-RM-349 May 31, 1989 DECISION ON REVIEW, ORDER, AND DIRECTION BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND CRACRAFT On November 23, 1988, the Regional Director for Region 12 issued a Decision and Direction of Election in the above-entitled proceeding in which he found that an overall unit of production and maintenance employees and truckdrivers was an appropriate unit but that separate units of produc- tion and maintenance employees and truckdrivers were also appropriate, excluding all other employ- ees at the Employer's Dade and Broward Counties, Florida facilities. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, the Employer filed a timely request for review of the Regional Direc- tor's decision, contending that two separate units- one of production and maintenance employees and the other of truckdrivers-were inappropriate be- cause of organizational and functional changes made in the Employer's operations, including inter- changeability of employees, across job classification lines. The Employer contends that the only appro- priate unit is an overall unit. The National Labor Relations Board, by tele- graphic order dated January 24, 1989 (Member Jo- hanson dissenting), granted the Employer's request for review.' Pursuant to Section 102.67(b) of the Board's Rules, the election was conducted on Janu- ary 24, 1989, and the ballots impounded pending the Board's Decision on Review. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Board has considered the entire record in- cluding the Employer's brief and, for the reasons set forth below, finds that the units in which the Regional Director has directed elections are appro- priate. In 1988, the Employer purchased Mack Indus- tries, Inc. and Hollywood Leasing Corp. (Mack and Hollywood). Mack manufactured and sold ready-mix concrete and concrete blocks and other I The Employer filed a brief in support of its position 294 NLRB No. 58 related construction- products in Palm Beach, Broward, and Dade Counties, Florida: Hollywood provided the labor and trucks for Mack's oper- ations. Hollywood had two collective-bargaining agreements with the Teamsters covering its em- ployees. One agreement covered approximately 50 drivers in Palm Beach County (not involved herein); the other covered an overall unit of ap- proximately 45 production and maintenance em- ployees and 80 drivers in Broward and Dade Counties. The Employer also purchased Rinker Materials, which manufactured and sold ready-mix concrete and concrete blocks from various facilities located throughout Florida. Rinker had three col- lective-bargaining agreements covering its employ- ees. One agreement with the Operating Engineers covered a unit of approximately 125 production and maintenance employees in Dade and Broward Counties; a second agreement with the Teamsters was for a unit of approximately 200 truckdrivers in Dade and Broward Counties; and a third, with La- borers Local No. 800, covered a unit of 750 pro- duction and maintenance employees in Palm Beach and other areas outside Dade and Broward Coun- ties. 2 In August 1988, the Employer effected a reorga- nization and consolidation of its holdings into one company and created new operational units, includ- ing a South Region which contains 26 concrete plants and 9 concrete block plants in 3 districts: Miami (Dade County), Fort Lauderdale (Broward County), and Palm Beach.3 After the Employer's reorganization, three existing bargaining units com- posed of various employees of the Employer at its Dade and Broward County facilities continued in effect, with the Operating Engineers representing a unit of 125 production and maintenance employees; the Teamsters representing a unit of 200 truck driv- ers; and the Teamsters representing a unit consist- ing of 45 production and maintenance employees and 80 drivers.' Because the Employer desired a single overall unit in Dade and Broward Counties, it filed the instant petition on August 16, 1988. Initially, the Regional Director found that an overall unit, composed of production and mainte- nance employees and truckdrivers, would be ap- propriate based on the Employer's current and 2 This decision is concerned only with those employees employed at the Employer's facilities in Dade and Broward Counties 3 The reorganization resulted in an overall unit in Palm Beach County with the smaller Teamsters-represented unit being accreted to the larger Laborers-represented unit This unit is not in issue 4 The collective-bargaining agreements covering these units expire on July I, 1989 The Regional Director found no contract bar to the petition because the circumstances here, involving the merger of groups of em- ployees who have been historically represented by different unions, raised a question concerning their overall representation RINKER MATERIALS CORP planned integration of its operations, its common labor and personnel relations, and the historical ex- istence of such a unit in some of the Employer's plants. Airco, Inc., 273 NLRB 348, 349 (1984). However, the Regional Director concluded that two separate units, one of production and mainte- nance employees, and the other of truckdrivers, would also be appropriate because the two groups performed significantly different functions, pos- sessed -different skills, and worked under different immediate supervision5 and there was insubstantial interchange of employees between the two groups. Further, the drivers spend the greatest portion of their time outside the plants, whereas the produc- tion and maintenance employees are confined pri- marily to the Employer's plant premises. There- fore, the Regional Director concluded that "these factors . . . tended to create two distinctly identifi- able groups sharing their own respective communi- ty of interest." We agree with the Regional Director that two separate units are appropriate, as well as one over- all unit. Contrary to the Employer's contentions, the Employer has not shown that the present or proposed operational changes would destroy the historical separation of the two groups of employ- ees. In this regard, the Employer has not effective- ly rebutted, with any quantitative or qualitative data, the Regional Director's finding of a lack of sufficient and effective functional interchange of the production and maintenance employees with the truckdrivers so as to render the separate units inappropriate. 6 In accord with the above analysis, we find that the units appropriate for collective bargaining within the meaning of Section 9(c) of the Act are as follows: 5 The Regional Director's finding that there was separate supervision of the production and maintenance employees and the drivers appears to be erroneous The record shows that there is common supervision of both groups by either the plant or unit manager or the operations fore- man depending on whether the facility manufactures concrete, concrete blocks , or provides fleet and plant maintenance In reaching our decision, we place no reliance on this finding of separate supervision 6 See Memphis Furniture, 259 NLRB 401 (1981) See also Chin Indus- tries, 232 NLRB 176, 177 (1977). 739 Group (a) All production and maintenance employees employed by the Employer at its Dade and Broward Counties, Florida facilities; excluding all other employees,truck drivers, office and plant clerical employees, managerial employees , salesmen , guards and supervisors as defined in the Act. Group (b) All truck drivers employed by the Employer at its Dade and Broward Counties, Florida facilities; excluding all other employ- ees, production and maintenance employees, office and plant clerical employees, managerial employees , salesmen , guards and supervisors as defined in the Act. If a majority of employees in both groups vote for representation by the same union, the two groups will be merged into a single, overall pro- duction and maintenence and drivers unit . In that event, the appropriate unit would be:All produc- tion and maintenance employees and truck drivers employed by the Employer at its Dade and Broward County, Florida facilities; excluding all other employees, office clerical employees, plant clerical employees, managerial employees, sales- men, guards, and supervisors as defined in the Act. Because we find that the Regional Director properly directed a self-determination election, we shall remand this case to the Regional Director for Region 12 for the purpose of opening and counting the impounded ballots in the units found appropri- ate. ORDER It is ordered that the above-entitled matter is re- manded to the Regional Director for Region 12 for further processing consistent with this decision. DIRECTION It is directed that the Regional Director for Region 12, within 10 days of this Decision on Review, Order, and Direction, open and count the impounded ballots, prepare and serve on the parties tallies of ballots, and proceed thereafter as is appro- priate in accordance with this decision.