Shepherd's Uniform And Linen Supply Co.

National Labor Relations Board - Board Decisions

Mar 29, 1985

274 N.L.R.B. 1423 (N.L.R.B. 1985)

SHEPHERD 'S UNIFORM SUPPLY CO 1423
Shepherd 's Uniform and Linen Supply Co. and
AFL-CIO Laundry and Dry Cleaning Interna-
tional Union , Local No. 44. Case 23-RM-410
29 March 1985
DECISION AND DIRECTION
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
Pursuant to an order remanding to the Regional
Director for hearing issued 20 July 1984, a hearing
was held 23 August 1984 to resolve the issues
raised by the Union's exceptions to the Regional
Director's Report and Recommendations on Chal-
lenged Ballots. The National Labor Relations
Board has considered the determinative challenges
in the secret-ballot election held 16 January 19841
and the hearing officer's report recommending dis-
position of the same . In light of the entire record,
including the exceptions and brief, the Board
adopts the hearing officer's findings and recom-
mendations.
The Union challenged the ballots of Vance Wat-
kins, Kevin O'Pry, and John Patterson on the
ground that they are vocational education students
and, as such, do not share a community of interest
with the Employer's unit employees. One of the
factors relied on by the Union to support this asser-
tion, which was not addressed by the hearing offi-
cer, is the degree of control the school allegedly
exercises over the students' employment.
The three student employees were hired by the
Employer to perform general maintenance work
pursuant to the vocational education program at
the students' high school, which offers students the
chance to earn school credit while gaining practi-
cal work experience. The high school's guidelines
for the program include several items which per-
tain to the students' attendance at their jobs. Spe-
cifically, the guidelines state that students must
work a minimum of 15 hours per school week, that
' The election was conducted pursuant to a Stipulated Election Agree-
ment The tally was 15 votes for, and 13 votes against, the Union, there
were 3 challenged ballots, a sufficient number to affect the results
students may not report to work on the days they
do not attend school, and that students may not
have more than three unexcused absences or miss
more than 15 days of school or work for any
reason . Repeated violations of these guidelines can
result in the school's removal of the students from
the program. However, there is no evidence in the
record that the Employer has ever taken or would
be required to take any action which affected a stu-
dent's employment based on these rules. In the ab-
sence of such evidence, we find that the degree of
control which the school exerts over the students
does not prevent them from sharing a community
of interest with unit employees where, as here, the
students perform the same duties, work under the
same supervision , receive the same wages, vaca-
tions , holidays, and benefits as the employees in the
unit , and are encouraged to continue their employ-
ment with the Employer on completion of the pro-
gram. 2
In sum , we agree with the hearing officer's rec-
ommendation to overrule the challenges to the stu-
dents' ballots and shall direct that they be opened
and counted and that a revised tally of ballots and
the appropriate certification issue.
DIRECTION
It is directed that the Regional Director for
Region 23 shall, pursuant to the Board's Rules and
Regulations, within 10 days from the date of this
Decision and Direction, open and count the ballots
of V. Watkins, K. O'Pry, and J. Patterson, and
thereafter prepare and cause to be served on the
parties a revised tally of ballots and the appropriate
certification.
2 Cf Towne Chevrolet, 230 NLRB 479 (1977), where a student involved
in a vocational-training program was found to have more of an educa-
tional rather than an employment relationship with the employer because,
unlike here, the student was learning a skill, was not part of the employ-
er's regular work force, and the degree of control exercised by the school
over the student's working conditions removed the student's performance
of work from the exclusive control of the employer See also Fermat Mfg
Corp, 255 NLRB 1213 (1981), enfd 681 F 2d 807 (3d Cir 1982), where a
student working pursuant to his high school's cooperative education ap-
prenticeship program was found to have an educational rather than em-
ployment relationship with the employer, and thereby excluded from the
unit , as he was "just learning" and was paid only an apprenticeship wage
274 NLRB No. 200