The Salvation Army

National Labor Relations Board - Board Decisions

Mar 31, 1977

228 N.L.R.B. 1134 (N.L.R.B. 1977)

1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Salvation Army and Highway Drivers , Dockmen,
Spotters, Rampmen, Meat, Packinghouse and
Allied Products Drivers and Helpers, Office
Workers and Miscellaneous Employees, Local
Union No . 710, a/w the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Petitioner. Case 13-RC-
14185
March 31, 1977
DECISION ON REVIEW AND
DIRECTION
By CHAIRMAN MURPHY AND MEMBERS
JENKINS AND WALTHER
Pursuant to a Decision and Direction of Election
issued by the Regional Director for Region 13 on
October 28, 1976, an election by secret ballot was
conducted on November 17, 1976, among the
employees in the appropriate unit.' Upon the
conclusion of the election the parties were furnished
with a tally of ballots which showed that, of
approximately 11 eligible voters, 5 cast valid ballots
for Petitioner, 3 cast valid ballots against Petitioner,
and 2 ballots were challenged which were sufficient
in number to affect the results of the election.
In accordance with National Labor Relations
Board Rules and Regulations, the Regional Director
conducted an investigation of the challenged ballots,
and, on December 30, 1976, issued and duly served
on the parties a Supplemental Decision on Challeng-
es and Certification of Representative in which he
sustained the challenge to the ballot of James
Erickson, involved herein, and overruled the chal-
lenge to the ballot of Billy Cagle. Having concluded
that Cagle's ballot would therefore not affect the
results of the election, the Acting Regional Director
certified Petitioner as the collective-bargaining repre-
sentative of the employees in the unit found
appropriate.
Thereafter, in accordance with Section 102.67 of
the National Labor Relations Board's Rules and
Regulations, Series 8, as amended, the Employer
filed a timely request for review of the Acting
Regional Director's Supplemental Decision, con-
tending that he erred in finding Erickson ineligible.
Petitioner filed an opposition to the request for
review.
By telegraphic order dated January 31, 1977, the
National Labor Relations Board granted the Em-
All drivers employed by the Employer at the Salvation Army Men's
Social Service Center presently located at 115 South Sheridan Road,
Waukegan , Illinois , excluding all other employees , clerical employees,
maintenance and warehouse employees , storekeepers , beneficiaries, mana-
gerial employees , guards and supervisors as defined in the Act.
228 NLRB No. 152
ployer's request for review. Thereafter, Employer and
Petitioner filed briefs.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the entire record,
including the submissions of the parties, in this case
with respect to the issue under review, and makes the
following findings:
The Employer, the Salvation Army, a not-for-profit
Illinois corporation, is a religious and charitable
organization whose purpose is to preach the Gospel,
disseminate Christian beliefs, and undertake the
spiritual, moral, and physical rehabilitation of needy
people. To that end it operates Men's Social Service
Centers, such as the one involved herein at Wauke-
gan, Illinois. It also operates thrift stores in the
Waukegan area including one at the center herein,
where it sells used clothing, furniture, and other
items donated to the Salvation Army.
Petitioner initially sought to represent a unit of "all
Drivers, Pick-up and Delivery For and From
Employer's Location at 115 South Sheridan Road,
Waukegan, Illinois" excluding "Clerical, Guards,
Maintenance, Professionals and Supervisors As
Defined By the Act." At the hearing the parties
stipulated that an appropriate unit would include "all
drivers employed by the Salvation Army Men's
Social Service Center at 115 South Sheridan Road, in
Waukegan, Illinois, excluding clerical, maintenance
and warehouse employees, storekeepers, beneficiar-
ies,2 supervisors, guards and managerial employees
as defined in the Act, and all other employees." As
indicated, the Acting Regional Director directed and
held an election in the unit essentially as described
by the parties. At that election, the ballot of James
Erickson was challenged by the Petitioner on the
ground that Erickson was a "storeman" not a
"driver" and therefore was ineligible to vote. The
Employer contended that Erickson is a "utility
driver" and therefore eligible.
The Acting Regional Director, after an investiga-
tion, found in his Supplemental Decision that the
record testimony did not reveal the specific intent of
the parties with regard to the inclusion or exclusion
of a driver performing such duties as those of
Erickson. He further found that the stipulated unit of
"all drivers" when considered in context with the
record testimony, and the unit in the original
petition, was unclear and ambiguous regarding the
intent of the parties with respect to Erickson's status.
2 The parties also stipulated that the beneficiaries, i.e., the needy
individuals who reside at the Employer's center and are involved in the work
therapy program, are not employees within the meaning of the Act.
THE SALVATION ARMY 1135
The Acting Regional Director then found that
Erickson's duties and conditions of employment did
not give him a community of interest with the
included drivers and sustained the challenge to his
ballot. We disagree with the conclusions of the
Acting Regional Director.3
According to the record, the Employer's truckdri-
vers work with one or more beneficiaries in perform-
ing their functions.4 The basic function of the drivers
is to pickup and deliver used furniture and other
goods donated by the public to the Salvation Army.
Other drivers pick up articles that are left as
donations in the Employer's drop boxes which are
placed in various areas and bring those goods back
to the center where they are sorted and processed.
Some of the drivers deliver goods to and from the
thrift stores where the goods are sold to the public.
Drivers also drive the metal truck or dump truck to
take goods to the metal yard or to the dump.5 As
found by the Acting Regional Director, the truckdri-
vers work from 7:30 a.m. to 4 p.m., normally
spending 6 or 7 of those hours on the road, and the
remainder in unloading goods and finishing paper-
work at the Employer's locations. All of the truckdri-
vers must have a proper license, are hourly paid, and
receive fringe benefits such as paid vacation, hospi-
talization and life insurance, and certain paid
holidays. The drivers are under the supervision of
Mr. Devitt. According to the testimony of the
Employer's director, three of the drivers at the time
of the hearing were graduates of the Employer's
program; i.e., they were formerly beneficiaries.
James Erickson stated his job is "auxilliary driver"
and he, too, was a former beneficiary and presently
resides along with other drivers in the Waukegan
Center. As found by the Acting Regional Director,
and supported by the record herein, Erickson spends
about 4 hours per day transporting beneficiaries to
and from the thrift stores where they perform duties,
taking them back to the center for lunch and for the
evening. Like the other drivers, Erickson is under the
supervision of Devitt; he is hourly paid6 although his
hours are from 8:30 a.m. to 5 p.m. and he receives
fringe benefits including paid holidays, paid vaca-
tion, and hospitalization and life insurance coverage.
3 While it may be, as the Acting Regional Director found, that the intent
of the parties was not altogether clear with respect to Erickson 's status and
hence cannot provide the basis for our determination herein , we note that
the Employer's testimony regarding the duties of its "drivers" includes a
description of the kind of shuttle driving performed by Erickson. Moreover,
the inclusion of Erickson in the unit is more consistent with the literal
language of the stipulated unit ("all drivers") than would be his exclusion
from the unit.
4 The Employer considers the work tasks performed by the beneficiaries,
as well as the relationship they maintain with the drivers, as part of its work
therapy program . The objective is to involve the beneficiaries in the
meaningful labor assignments.
5 In describing the various functions of the drivers, the director of the
Waukegan Center testified that some of them actually move beneficiaries
In addition to his duties of shuttling the beneficiaries
to the various locations, Erickson also works about 2
hours per day in the thrift store of the Employer
performing such duties as selling, moving furniture,
and otherwise assisting. He also makes small pickups
or deliveries as needed, using the van or Employer's
car that might be available. He does not presently
have the license required for driving larger trucks
used by the other drivers, although it appears he is
taking steps to obtain one.
Erickson also drives beneficiaries to detoxification
centers or hospitals or other agencies when neces-
sary. While Erickson states that he does not "have a
lot of regular contact" with the drivers, he does see
the route drivers in the morning and when they come
in from their routes.? Erickson also relieves the
dispatcher for lunch and breaks at which time,
according to the Employer, he is in constant radio
contact with the drivers.
Contrary to the Acting Regional Director, we find,
based on the foregoing and the record as a whole,
that James Erickson shares a sufficient community of
interest with the Employer's other drivers to warrant
his inclusion in the unit. Thus, although he is not
regularly engaged in the normal pickup and delivery
functions of the Employer, he spends a substantial
portion of his day driving vehicles for the Employer
in transporting beneficiaries from the center to the
stores or to other facilities and back and in making
small pickups or deliveries as needed. In doing so, he
is under common supervision with the other drivers
and shares in other terms and working conditions of
employment with them. Moreover, although he may
not have extensive regular contact with the other
drivers, apparently the truckdrivers themselves have
limited contact with each other as they are driving
different trucks and are making pickups and deliver-
ies of goods 5 or 6 hours per day. Further, Erickson
shares living accommodations with other drivers who
live at the center and he also has contact with them
when he fills in for the dispatcher. In these
circumstances, Erickson is concluded to be an
and employees to hospitals if injured , or take beneficiaries to the Veterans
Hospital, to mental health clinics, or to other agencies where they have
appointments.
6 Although the Acting Regional Director found that the truckdrivers
earn between $2.75 and $3.25 per hour, our review of the record does not
reveal those figures. We note that Appendix A of the Employer's
"Memorandum on Review" lists the wage rates of those included on the
Excelsior list as ranging from $2.30 per hour to $3.25 per hour, with
Erickson , Cagle, and four others receiving the lower rate . Notwithstanding
the wage differential which may exist between Erickson and other drivers,
there are sufficient other factors to warrant his inclusion in the unit.
7 Apparently seven of the drivers on the Excelsior list, including
Erickson , live at the Employer's center , according to Employer's brief on
review.
1136 DECISIONS OF NATIONAL
eligible employee who is properly included in the
units and his ballot should be opened and counted
along with that of Billy Cagle whom the Acting
Regional Director found to be an eligible employee.9
DIRECTION
It is hereby directed that the Regional Director for
Region 13, shall, pursuant to the Board's Rules and
s Chairman Murphy agrees on the merits , inasmuch as the matter is
before the Board after assertion of jurisdiction by the Regional Director
without resort to a request for review thereon.
9 See The Salvation Army, Inc., 225 NLRB 406 ( 1976), where an overall
unit of drivers was sought and found appropriate . Although Erickson , unlike
other drivers, spends approximately 2 hours per day in the thrift store
performing various duties, we do not find that such duties are so substantial
LABOR RELATIONS BOARD
Regulations, within 10 days of the date of this
Decision on Review and Direction, open and count
the ballots of James Erickson and Billy Cagle and
thereafter issue a revised tally of ballots and an
appropriate certification based thereon. The above-
entitled matter is hereby remanded to the Regional
Director for Region 13 for the purpose of carrying
out the Board's direction herein.
as to detract from his community of interest with the drivers . At least,
Erickson could be considered a dual-function employee with sufficient
community of interest with other drivers to be included in the all driver unit
Cf. Nu-Life Spotless, Inc., 215 NLRB 357 (1974). We also note that Cagle,
whom the Regional Director found includable in the unit, does not perform
the same pickup and delivery duties of the other eight drivers and performs
certain nondnving duties as does Erickson.