Southern Plaza Express, Inc.

National Labor Relations Board - Board Decisions

May 28, 1954

108 N.L.R.B. 1186 (N.L.R.B. 1954)

1 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
MQtor repairmen and oilers: Two employees classified as
motor repairmen and oilers are assigned to the electrical
shop and are under the supervision of the electrician foreman.
The Employer and the Intervenor contend that these employees
are not craftsmen . They spend approximately 75 percent of
their time oiling electric motors and the remainder in cleaning
and replacing bearings on electric motors. Although some
employees of this classification have, in the past , transferred
at a low grade to the electrician classification, they are not
considered as apprentice or helper electricians by the Em-
ployer, and are not in the direct line of progression in the
electrician classification. We shall, therefore, exclude them
from the unit.5
The electricians herein are sought by a union which has
traditionally devoted itself to the representation of employees
in the electrician classification. As the requirements for craft
severance, enunciated in American Potash & Chemical Cor-
poration , supra, have been met in the instant case, we find
that the a ectricians and their helpers, including working
foremen, employed at the Employer's Orange County mines
and its plants in Los Angeles County, California (except the
recently acquired plant at Redondo Beach), excluding the
motor repairmen and oilers , may constitute a separate ap-
propriate unit if they so desire.
If a majority of the employees in the voting group vote for
the Petitioner, they will be taken to have indicated their desire
to be represented in separate bargaining unit. If a majority of
these employees vote for the Intervenor , the Regional Director
shall issue a certification of results of the election to that
effect and they will remain a part of the existing multiplant unit.
[Text of Direction of Election omitted from publication.]
5 American Potash & Chemical Corporation. 107 NLRB 1418.
SOUTHERN PLAZA EXPRESS, INC. and WAREHOUSE AND
DISTRIBUTION WORKERS, LOCAL 688, AFL, affiliated with
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF
AMERICA, AFL. Case No. 14-RM-97. May 28, 1954
DECISION AND DIRECTION
Pursuant to a "Stipulation for Certification upon Consent
Election" entered into by the parties hereto, an election by
secret ballot was conducted in the above-entitled proceeding on
February 12, 1954, among the employees in the unit set forth
in the stipulation,' under the direction and supervision of the
'The stipulated unit was "All office clerical employees of the Employer's St. Louis,
Missouri branch office ...."
108 NLRB No. 159.
SOUTHERN PLAZA EXPRESS, INC. 1187
Regional Director for the Fourteenth Region. Upon the conclu-
sion of the election, a tally of ballots was furnished the parties
in accordance with the Rules and Regulations of the Board.
The tally of ballots shows that there were approximately 28
eligible voters, and, that 27 ballots were cast, of which 11 were
for the Union, 11 were against the Union, and 5 were challenged.
On February 16, 1954, the Union filed timely objections to
conduct affecting the results of the election. As the challenged
ballots were sufficient in number to affect the result of the
election, the Regional Director for the Fourteenth Region
caused an investigation to be made as to the issues raised by
the objections and challenges and, thereafter, on April2, 1954,
issued and duly served upon the parties a report on objections
to election and challenged ballots.
The Board has considered the stipulation of the parties, the
objections and challenges, the Regional Director's report on
the objections and challenges, the exceptions thereto, and the
entire record in the case, and hereby adopts the findings,
conclusions, and recommendations of the Regional Director,
with the following additions and modifications:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
2. The Petitioner claims to represent certain employees of
the Employer.
3. A question affecting commerce exists concerningthe rep-
resentation of certain employees of the Employer, within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act: All office clerical
employees of the Employer's St. Louis, Missouri, branch
office but excluding confidential employees, salesmen, over-
the-road drivers, city drivers, platform workers and checkers,
maintenance employees, guards, watchmen, professional em-
ployees, supervisors as defined in the Act, and all other em-
ployees.
In his report the Regional Director found that the Union's
objections were without merit and, accordingly, recommended
that the objections be overruled. As the Union filed no excep-
tions thereto, we adopt the Regional Director's recommenda-
tions and hereby overrule the Union's objections. The Regional
Director also recommended that the challenges to the ballots
of Margie Farrer and Jean Ann Talkington2be sustained and
that the challenges to the ballots of James Faulkner, Mary
Heberer, and Jack McCoy be overruled.
On April 9, 1954, the Union excepted to the Regional
Director's findings with respect to ballots of James Faulkner,
2 The Regional Director recommended that the challenges to the ballot of Jean Ann Talking-
ton be sustained on the basis that she had been permanently discharged by the Employer. As
no exceptions were filed thereto, we hereby adopt the Regional Director's recommendation
and sustain the challenge to her ballot.
1 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Margie Farrer , and Mary Heberer . On April 12 , 1954, the
Employer excepted to the Regional Director ' s finding with re-
spect to Jack McCoy.
James Faulkner : The Union excepts to the Regional Director's
recommendation that its challenge to Faulkner ' s ballot be over-
ruled, contending that he is a dispatcher and, therefore, not
eligible to vote in the election.
Faulkner works from 2 p. m. to 10 : 30p. m. under the super-
vision of Dan Masterson , dispatcher , who supervises the
drivers. Faulkner makes up the driver ' s seniority lineups as
instructed by Masterson and sends this on teletype to all
terminals of the Company . Faulkner then calls the drivers in
order of seniority giving them 2 hours' notice as to where to
go and when to leave the terminal. As the driver reports to
work, Faulkner hands him an envelope containing instructions
and the manifest . Faulkner ' s main duty is to handle the paper
work for the dispatcher . If any problems arise while the dis-
patcher is not on duty , Faulkner contacts him by telephone for
instructions.
The facts clearly reveal that Faulkner is separately super-
vised by the dispatcher , who also supervises the drivers, and
that his clerical duties are directly related to the activities of
the drivers . We are satisfied that Faulkner ' s duties are pri-
marily of a plant clerical nature ; thathe is not an office clerical
employee ; and that, therefore , he was not eligible to vote in
the election . Accordingly , in disagreement with the Regional
Director , we sustain the challenge to the ballot of James
Faulkner.
Margie Farrer : Farrer was hired as a clerk on January 11,
1954. On January 25, 1954, she was transferred to the position
of clerk-stenographer, and her duties included , among others,
acting as private secretary to the district manager, who assists
in the formulation and administration of the Employer's labor
relations policies for its St . Louis terminal.'
In view of the foregoing , we find that Farrer is a confidential
employee. Accordingly , in agreement with the Regional Direct-
or, we sustain the challenge to the ballot of Margie Farrer.
Mary Heberer : Heberer works with six other employees in
the cashier ' s office, which is physically separated from the
remainder of the office by a glass partition . She opens and
distributes incoming mail , prepares bank deposits, types
freight bills , contacts customers by telephone for payment of
accounts, and issues corrected bills to customers if errors
have been made in the accounts . She is the senior employee in
the office and instructs the other girls how to perform their
work. If she cannot solve any problems about the work, she
3 The Regional Director found that Farrer had, prior to the election herein , written 3 letters
for the District Manager dealing with said election. The Union disputed this fact. We find
that this dispute does not raise a material issue as it is not dispositive of the question as to
whether or not Farrar is a confidential employee. The determinative factor of such status is
that, as private secretary to the district manager, the writing of letters for him dealing with
the Employer ' s general labor relations policies is part of her duties.
ESSEX-GRAHAM COMPANY 1189
seeks the advice of the office manager, who is the supervisor
of the office employees.
The Regional Director found that Heberer did not have the
authority to hire or discharge employees , or effectively to
recommend such action and , further, that she did not respon-
sibly direct the work of other employees . The Union excepted
to these findings . The Union did not, however , submit any
additional facts to substantiate its exceptions . In these circum-
stances, we conclude that Heberer is not a supervisor as de-
fined in the Act and was, therefore , eligible to vote in the elec-
tion. Accordingly, we adopt the Regional Director ' s recom-
mendation and hereby overrule the challenge to her ballot.
Jack McCoy: McCoy goes to the post office the first thing in
the morning andpicksupmail , whichhedelivers to the terminal
office. He then works the rest of the day in the shop office
located about a half block from the main terminal office. His
duties there include keeping the garage files on maintenance
and repairs of trucks and trailers , making out personnel papers
on new applicants for garage employment, typing repair orders
for driver ' s reports , typing employee names ontimecards, and
maintaining greasing and lubricating records of trucks and
trailers.
The facts reveal that McCoy is located apart from the office
clerical employees and that the majority of his clerical duties
are directly related to the maintenance work of the garage
employees . We find that his duties are primarily of a plant
clerical nature and that, therefore , he was not eligible to vote
in the election . Accordingly, in disagreement with the Regional
Director , we sustain the challenge to the ballot of Jack
McCoy.
[The Board directed that the Regional Director for the
Fourteenth Region shall impound the challenged ballots of Jean
Ann Talkington, James Faulkner , Margie Farrer, and Jack
McCoy and, within ten ( 10) days from the date of this Direction,
open and count the challenged ballot of Mary Heberer , and shall
thereafter prepare and cause to be served upon the parties a
revised tally of ballots , including therein the count of said
challenged ballot.]
ESSEX-GRAHAM COMPANY and UNITED STEELWORKERS
OF AMERICA, CIO, Petitioner. Case No. 13-RC-3657.
May 28, 1954
SUPPLEMENTAL DECISION AND CERTIFICATION
OF REPRESENTATIVES
Pursuant to a Decision and Direction of Election issued
by the Board on March 4, 1954 ,1 an election by secret ballot
1107 NLRB 1491.
108 NLRB No. 156.