Seattle Door Co., Inc.

National Labor Relations Board - Board Decisions

Jul 31, 1953

106 N.L.R.B. 531 (N.L.R.B. 1953)

SEATTLE DOOR COMPANY, INC. 531
trucks'.' Also, while they receive the same benefits and the
same average pay as the other employees, and generally share
the same working conditions, their hours are variable, e. g.,
the felt driver starts work late in the morning if he worked late
the previous day, and the other drivers cone in late if they know
their trucks will not be loaded until after the usual starting
time.
We are of the opinion that the Employer's truckdrivers are a
homogeneous and identifiable group, analogous to those whom
the Board has previously held may be a separate bargaining
unit, if they desire, despite a bargaining history on a broader
basis. 6 They may, of course, remain part of the more compre-
hensive production and maintenance unit, if they wish.
We shall therefore direct an election in the following voting
group: All truckdrivers at the Employer's Indianapolis, Indiana,
plant, excluding all other employees, guards, and supervisors
as defined in the Act. If a majority of the employees in this
group vote for the Petitioner, then will be taken to have indi-
cated their desire to constitute a separate bargaining unit, and
the Regional Director conducting the election is instructed to
issue a certification of representatives to the Petitioner for
the unit, which the Board under such circumstances finds to be
appropriate for the purposes of collective bargaining. In the
event that a majority vote for the Intervenor, the Board finds
the existing unit to be appropriate and the Regional Director
conducting the election is instructed to issue a certification of
results of election to that effect.
[Text of Direction of Election omitted from publication.]
Member Peterson, dissenting:
In view of the collective-bargaining history on a plantwide
basis since 1937, and in the absence of any other factors war-
ranting their severance from the established unit,? I would not
accord the truckdrivers separate representation.
$ One of the mattress drivers recently served as a replacement for a shipping department
employee on leave from the plant, but in the interim a replacement truck had to be leased
by the Employer to do that driver's work, and when the absent employee returned to work
the driver returned to his usual assignment.
6General Box Company. 93 NLRB 789. The decisions relied upon by the Employer in its
brief are clearly distinguishable on their facts
7See my dissenting opinion in W. C. Hamilton and Sons, 104 NLRB 627.
SEATTLE DOOR COMPANY, INC. and LOCAL 193, INTER-
NATIONAL BROTHERHOOD OF FIREMEN AND OILERS,
AFL, Petitioner. Case No. 19-RC-1321. July 31, 1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Lct, a hearing was held before Donald D.
106 NLRB No 91.
322615 0 - 54 - 35
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
McFeely, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three-member panel [Members Houston, Murdock, and
Peterson].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
2. The labor organization involved claims to represent em-
ployees of the Employer.
3. No question affecting commerce exists concerning the
representation of employees of the Employer within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the
following reasons:
The Petitioner seeks to sever two firemen from an existing
production and maintenance unit at the Employer's door manu-
facturing plant in Seattle. Severance is opposed by the incum-
bent representative, Local 2519, Lumber and Sawmill Workers
Union, United Brotherhood of Carpenters and Joiners of
America, AFL, which was permitted to intervene. The Em-
ployer takes no position.
The 2 firemen tend a boiler which operates at only 15
pounds pressure and which serves the dual purpose of heating
the plant and disposing of its wood scrap and sawdust. Every
20 or 30 minutes during his shift, each fireman leaves the
boilerhouse, proceeds to the main building 40 feet away, goes
about shoveling wood scrap into a wheelbarrow, and brings it
back to the boilerhouse to be burned. Every morning the fire-
man on duty performs janitor work in the plant office; and during
the production workers' lunch period he cleans up around the
machines, as does the other fireman at the end of the produc-
tion shift.
The two firemen hold only unskilled fourth grade firemen's
licenses . There is no evidence that they are able to, or do,
make any boiler repairs. Although they are paid 15 cents an
hour more than common laborers at the plant, the Employer
regards the job of fireman as a last resort placement for
employees who have proved incapable of performing satisfac-
torily any other task.
We find that these firemen are not the kind of boilerroom
employees whose separate interests are sufficient to entitle
them to severance from the established unit. A unit of firemen
at this plant would be devoid both of craft characteristics and
of any other substantial indication of separate interests., We
will therefore dismiss the petition.2
[Monsanto Chemical Company, 80 NLRB 1675; Gunnison Homes, Inc., 98 NLRB 1048, 1052;
General Mills, Inc., 84 NLRB 831
2 In dismissing this petition, Member Peterson would also emphasize the Intervenor 's 3
years' representation of these employees as part of a broader unit. See his dissent in W C
Hamilton & Sons, 104 NLRB 627.
MRS. TUCKER'S PRODUCTS 533
In view of this disposition of the case , it becomes unnecessary
to discuss the contract -bar is. sues raised by the Intervenor.
[The Board dismissed the petition.]
MRS. TUCKER'S PRODUCTS, DIVISION OF ANDERSON,
CLAYTON & COMPANY, INC.'and OIL WORKERS INTER-
NATIONAL UNION, CIO, Petitioner. Case No. 13-RC-3308.
July 31, 1953
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 Rush F. Hall,
hearing officer . The hearing officer ' s rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. 2
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three -member panel [ Members Houston , Murdock, and
Peterson].
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
certain employees of the Employer.
3. A question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
ing of Section 9 (c) (1) and Section 2 ( 6) and ( 7) of the Act.
4. The Petitioner seeks a unit of all production and mainte-
nance employees at the Employer's Jacksonville , Illinois , plant,
including truckdrivers and plant clericals, but excluding all
office clerical employees , guards , professional employees, and
supervisors as defined in the Act . The Employer generally
agrees with the appropriateness of a production and mainte-
nance unit but would exclude from the unit all office and plant
clerical employees , mail-truck drivers, guards , watchmen,
gatemen, professional and technical employees , such as
chemists, junior chemists , analysts , engineers , junior engi-
neers, engineer trainees , supervisory trainees , and super-
visors as defined in the Act.'
' The Employer ' s name appears as amended at the hearing.
2 The hearing officer reserved for the Board 's determination the motion of United Brother-
hood of Carpenters and Joiners , Local No. 904, AFL, to intervene at the hearing. For reasons
hereinafter set forth , the motion to intervene is hereby denied.
International Chemical Workers Union , AFL, international Union of Operating Engineers,
Local No. 7, AFL, and United Association of Journeyman Plumbers and Steamfitters, Local
553, AFL, although served with notice, did not appear at the hearing.
3 The Employer also requested that temporary construction and maintenance employees be
excluded from the unit. As the record indicates that these individuals are not employed by
the Employer but are employed by independent contractors , they are excluded from the unit.
106 NLRB No. 89.