Riverside Memorial Chapel, Inc.

National Labor Relations Board - Board Decisions

Jan 25, 1951

92 N.L.R.B. 1594 (N.L.R.B. 1951)

In the Matter of RIVERSIDE MEMORIAL, CHAPEL, INC., EMPLOYER and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA , LOCAL UNION No. 390,1 PETITIONER
Case No. 10-RC-925.-Decided January 25,1951
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 Clarence D. Musser, 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, the Board finds :
1. The Employer, a Florida corporation, is engaged in the under-
taking business, and operates branches at Miami Beach and Miami,
Florida. During 1949, the Employer purchased supplies in the value
of about $55,000, of which about $12,000 was obtained outside the
State. During 1949, the Employer, in connection with the shipment
of corpses for burial out-of-State at the request of out-of-State clients,
furnished services and supplies in the value of about $70,000.
• The functions of the Florida corporation are to a considerable
degree integrated. with those of a New York corporation, which is
engaged in the same business in New York City, has the same name,
and the same principal officers. The record discloses that the two
corporations distribute prayer books purchased by the New York
corporation, which bills the Florida corporation for the value of the
books it uses. These prayer books list the addresses of certain funeral
parlors in New York City, as well as of the Employer's branches in
Miami and Miami Beach. Pay checks, although prepared in Florida,
are sent to New York to be signed by the common secretary of the
two corporations. Requisitions for services rendered by the Florida
corporation are sent to the New York corporation.
Upon the foregoing facts, we find, contrary to the Employer's con-
tentions, that the Employer is engaged in commerce,2 and, as the
1 The Petitioner 's name appears as amended at the hearing.
' The Employer contends it is not engaged in commerce with respect to the out-of-State
shipments because ( 1) its responsibility for its shipments ceases when delivery thereof
is made to the local railroad station, and ( 2) the remains of a deceased person are not
property . However, ( 1) it is sufficient that the interstate shipments are initiated by the
Employer, at the request of out-of-State clients. McLeod v. J. E. Dilworth Co., 322 U. S.
327, and ( 2) the fact that the remains themselves may not constitute property is im-
material ,• the value of the shipments stated above is based solely on the services and
supplies, including caskets, furnished in connection with the shipments made by the
Employer.
92 NLRB No. 238.
1594
RIVERSIDE MEMORIAL CHAPEL, INC. 1595
Employer is an integral part of a multistate enterprise,' we find
that it will 'effectuate the policy of the Act to assert jurisdiction in
this case.
2. The labor organization involved claims to represent certain
employees 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 a unit consisting of all embalmers and
drivers employed by the Employer at Miami Beach and Miami,
Florida, excluding office and clerical employees, professional employ-
ees, guards, and supervisors as defined in the Act. The unit sought
includes an employee classified as a licensed embalmer and funeral
director, three registered apprentice embalmers, and two ambulance
men trained as first aid and oxygen technicians. The funeral director
and embalmer attends funerals, and does embalming work. He also
spends 20 percent of his time driving an ambulance. The apprentice
embalmers assist in the embalming work, do general maintenance
work, and spend at least. 20 percent of their time driving ambulances.
The ambulance men drive ambulances and administer first aid in
emergencies.,' In addition, they assist the other employees when not
otherwise occupied.
The Employer contends that the apprentice embalmers and the
licensed embalmer at Miami Beach are professional employees, and
should not be included in the same unit. with the ambulance men.
We find, however, that the embalmer and apprentice embalmers are
not professional employees within the meaning of Section 2 (12) of
the Act .5 We find further that all the foregoing employees; in view
of the interchangeability of their duties to the extent indicated above,
have sufficient community of interest to warrant their inclusion in the
same unit. Accordingly, we find. that the licensed embalmer at the
Employer's Miami Beach branch, and the apprentice embalmers and
drivers employed at the Employer's Miami Beach and Miami, Florida,
8 The Borden Company, 91 NLRB 628. -
' The Employer 's brief indicates that its ambulances are not only used in connection
with its undertaking operations but also serve the public generally.
Under Florida statutes the education and training required to qualify for a license as
an embalmer includes graduation from high school, 9 months' study of scientific subjects
at an embalming school , 3 years' apprenticeship under a licensed embalmer, the embalm-
ing of 50 bodies , and passing an examination by a State Board. To qualify for a license
as a funeral director, a licensed embalmer must serve for 1 year under a licensed funeral
.director as a funeral director and licensed embalmer and must pass an examination by a
State Board . Upon this record , we do not find that the work of embalmers or funeral
directors requires knowledge of such an advance type in a field of science as would meet
the requirements of Section 2 (12) of the Act.
1596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
branches, excluding office and clerical employees,6 professional employ-
ees, guards,' and supervisors 8 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 in this
volume.]
6 In accordance with the agreement of the parties, we exclude the chief bookkeeper from
the unit.
' We find, in accordance with the agreement of the parties, that the night man is a
guard, and we will exclude him from the unit.
"we find, in accordance with the agreement of the parties, that the licensed embalmer
at the Miami branch is a supervisor, and we will therefore exclude him from the unit.
° The parties agreed to exclude part -time employees . However, in accordance with
usual Board practice , we shall permit regular part-time employees to vote in the election.
Nelson-Ricks Creamery Co., 91 NLRB No. 54.