Training Corp. of America, Inc.

National Labor Relations Board - Board Decisions

Dec 20, 1966

162 N.L.R.B. 286 (N.L.R.B. 1966)

286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT in any other manner interfere with, restrain, or coerce our
employees in the exercise of their rights to self-organization, to form, join, or
assist Resilient Floor Decorators Local No. 2265, United Brotherhood of Car-
penters and Joiners of America, AFL-CIO, or any other labor organization,
to bargain collectively through representatives of their own choosing, and to
engage in other concerted activities for the purpose of collective bargaining or
other mutual aid or protection, or to refrain from any or all such activities,
except to the extent that such right may be affected by the provisos in Section
8(a)(3) of the Act.
WE WILL offer Jerry Connell, John Mason, Thomas Tucker, and Raymond
Jackson immediate and full reinstatement to their former or substantially
equivalent positions , and make them whole for any loss of pay suffered by
reason of the discrimination against them.
All our employees are free to become, remain, or refrain from becoming or
remaining , members of Resilient Floor Decorators Local No. 2265, United Brother-
hood of Carpenters and Joiners of America, AFL-CIO.
HAGOPIAN & SONS, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative) (Title)
NOTE.-We will notify any of the above-named employees presently serving in
the Armed Forces of the United States of their right to full reinstatement upon
application in accordance with the Selective Service Act and the Universal Military
Training and Service Act, as amended, after discharge from the Armed Forces.
This notice must remain posted for 60 consecutive days from the date of posting,
and must not be altered, defaced, or covered by any other material.
If employees have any question concerning this notice or compliance with its pro-
visions, they may communicate directly with the Board's Regional Office, 500 Book
Building, 1249 Washington Boulevard, Detroit, Michigan 48226, Telephone 226-
3200.
Training Corporation of America, Inc. and Job Corps Federation
of Teachers, Local 1680, affiliated with the American Federation
of Teachers, AFL-CIO, Petitioner. Case 17-RC-5112. Decem-
ber 20, 1966
DECISION ON REVIEW
On August 12, 1966, the Regional Director for Region 17 issued
the attached Decision and Direction of Election in which he found
appropriate a unit of all basic education, vocational and avocational
teachers, resident advisers, and counselors at the Employer's Job
Corps Center located at Excelsior Springs, Missouri, excluding office
clerical employees, supervisors, and guards as defined in the Act, and
all other employees. Thereafter, the Petitioner filed a timely request
for review alleging the absence of officially reported Board precedent
in cases involving teachers employed at Job Corps centers. The
Employer filed opposition to the request for review.
On September 2, the National Labor Relations Board by tele-
graphic order granted the request for review and stayed the election
pending decision on review. Thereafter, both the Employer and the
Petitioner filed briefs.
162 NLRB No. 28.
TRAINING CORP. OF AMERICA 287
The Board has considered the entire record in this case, including
the briefs of the parties, with respect to the matter under review, and
hereby affirms the Regional Director's unit determination.'
Accordingly, we shall remand the case to the Regional Director
for Region 17 for the purpose of holding an election pursuant to his
Decision -and Direction of Election, except that the payroll period
for determining eligibility shall be that immediately preceding the
date below.2
MEMBER BROWN took no part in the above Decision on Review.
1 Under the facts and circumstances of this case, especially the degree of integration
shown to exist in the functions and duties of the teachers, resident advisers, and counselors,
we find that the only appropriate unit herein is that found by the Regional Director.
2 An amended election eligibility list, containing the names and addresses of all the
eligible voters, must be filed by the Employer with the regional Director for Region 17
within 7 days after the date of this Decision on Review. The Regional Director shall make
the list available to all parties to the election. No extension of time to file this list shall
be granted by the Regional Director except in extraordinary circumstances. Failure to
comply with this requirement shall be grounds for setting aside the election whenever
proper objections are filed. Excelsior Underwear Inc., 15G NLRB 123G.
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed -under Section 9 (c) of the National Labor
Relations Act, a hearing 1 was held before a Hearing Officer of the
National Labor Relations Board. 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 Regional Director
Sacks.
Upon the entire record in this case, the Regional Director finds : 2
1. The Employer is engaged in commerce within the meaning of the
Act and it will effectuate the purposes of the Act to assert jurisdiction
herein.
2. The labor organization involved claim(s) to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of Sec-
tion9(c) (1) andSection2(6) and (7) oftheAct.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
All basic-education, vocational and avocational teachers, resident
advisers, and counselors at the Excelsior Springs, Missouri, Job
1 The names of the Employer and Petitioner appear as corrected at the hearing.
2 Only the Employer filed a brief herein.
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Corps Center of Training Corporation of America, Inc., EX-
CLUDING office-clerical employees; supervisors and guards
within the meaning of the Act; and, all other employees 3
8 The Employer operates a Job Corps Center (hereinafter Center) at Excelsior Spring'.,
Missouri, pursuant to a contract with the Office of Economic Opportunity The objectiN e
of the Center is to prepare girls between the ages of 16 and 21 who come from slum, im-
poverished, and culturally deprived areas of the United States, for work, marriage, and
social participation The girls at the Center (enrollees) are generally school dropouts who
are unemployed or unemployable They represent many ethnic backgrounds, have a fifth
or sixth grade reading ability, and their average scholastic level is approximately that of
the eighth grade They live at the Center and may stay there a maximum of 2 years, but
are free to leave the program permanently any time they so desire. The Center is different
from conventional schools, the most obvious difference being the type of students and their
needs The Center attempts to reach the enrollees through a total, 7-day, environmental
approach, seeking to impart, to them, a new concept of life itself not only through funda-
mental teaching, but also through personal guidance and practical application. Hence, in
addition to such basic, academic courses as reading and mathematics, a wide range of voca-
tional and avocational instruction is offered, as well as guidance in such things as house-
keeping, personal hygiene, shopping, and budgeting. The ratio of students to staff members
is low. The Center opened.March 8, 1966, with 40 enrollees, there are some 300 now, and
this number is expected to increase to approximately 385 by the end of September The
persons most intimately connected with the enrollees are teachers, resident advisers, and
counselors. At the time of the hearing, there were 24 teachers, 14 resident advisers, and 4
counselors employed at the Center, and more will probably be hired.
The Petitioner seeks a unit composed solely of teachers, while the Employer contends
that the only appropriate unit would be one composed of teachers, resident advisers, and
counselors.
The teachers are classified as basic education, vocational, or avocational. The basic
education and vocational teachers perform most of their work in the classroom and keep
the normal student records. Their hours are reasonably regular, although there is an under-
standing that they are subject to call in emergencies. There are five avocational teachers on
the staff. Although they occasionally have some classes scheduled during usual school
hours, most of their duties are performed at night and on weekends, since much of their
work deals with physical education and recreational activities. This fact also results in
the avocational teachers and resident advisers working together a great deal None of the
teachers resides at the Center.
The resident advisers, as their name implies, live at the Center, supervising and instruct-
ing the enrollees when the latter are not otherwise engaged. They are charged for their room
and board, and their hours are somewhat erratic The basic function of the resident advisor
is to translate the theoretical matter presented to the enrollees in the classroom into prac-
tical application to their everyday lives, and, in order to accomplish this most effectively,
they live with the enrollees. While the resident advisers do not teach regularly scheduled
classes in the classroom, aside from occasional substitution, the record is replete with
evidence of the close contact which they have with the girls in a teacher-helper capacity, and
all meet with their respective groups every evening on a regular basis. They work very
closely with the avocational teachers, as was noted above.
The counselors do not live on the premises and work basically the same hours as the
teachers , although they too can be called in emergencies . In addition to counseling the
enrollees, they administer tests to them and maintain a close watch on their progress, keep-
ing adequate records thereof for the use of other staff members.
In agreement with the Employer, I find that the appropriate unit herein should be one
composed of teachers, resident advisers, and counselors. In reaching this conclusion, I have
relied on the traditional factors tending to show, or negate, mutuality of interests, like
wages, hours, working conditions, duties and skills, supervision, and the integrated nature
of the Employer's operation.
The Petitioner originally sought a unit composed of teachers and counselors, but amended
its unit contention at the hearing so as to exclude counselors, and stated that it would
represent any unit found appropriate. The Employer's supervisory structure favors a
teachers unit, since the teachers are separately supervised ; however, counselors and
resident advisers are supervised by the same person. The other factors, in my opinion,
point to the appropriateness of a unit composed of all three classifications All are paid
in the same manner and are in the same pay grade , and there is no clearly defined dis-
parity in salary which would polarize the groups. In addition, the same basic criteria for
determining starting pay are applied to all by the Employer. None of the employees in-
volved has a contract with the Employer, all are hired on a yearly basis, and all have
INTERNATIONAL HOD CARRIERS, LOCAL 300 289
[Direction of Election , including Excelsior footnote omitted from
publication.] 4
identical fringe benefits . ( As noted, resident advisers pay for room and board .) The hours
of the teachers and counselors are the same, with the exception of the avocational teach-
ers, whose schedule is virtually the same as that of the resident advisers . The general work-
ing conditions are basically the same for all , i.e., working at the Center with the enrollees.
The basic duty of each of these three groups is identical-helping the enrollees to help
themselves . None of the groups is likely to be successful without the close cooperation of
the other two and each is equally important . Each group is directly responsible for the
well being of the enrollees and each is in constant association with them . In the recrea-
tional sphere , the avocational teachers and resident advisers work closely together and
are completely interchangeable . Although there is evidence that communication among the
groups is not at an optimum level , this is partially attributable to the newness of the
Center, and the Employer , recognizing the problem , is in the process of establishing "per-
sonal committees " composed of a teacher , a resident adviser , and a counselor . Such com-
mittees will meet on a regular basis for the purpose of discussing a given group of en-
rollees . It seems clear that the duties of the teachers , resident advisers , and counselors are
similar and closely related.
Along the same line, the skills found in the three groups are virtually identical. Of
the 42 persons involved , only two or three have not attended college , two have master's
degrees , the remainder have bachelor 's degrees , and a large majority of these individuals
have had teaching experience . The record shows that the Employer seeks the same basic
qualifications when filling these positions , the paramount considerations being teaching
experience , versatility , and an ability to relate to the enrollees , although the Employer has
made very fine distinctions among the three groups during the entire course of its operation.
The integrated nature of the Employer's operation is manifest , and it is difficult to
imagine an endeavor which would require more unity than the one with which we are
here concerned . The record shows the need for close cooperation among teachers , resident
advisers , and counselors in working with the enrollees , and the only reasonable inference
is that the three groups in question will be drawn closer together as the Center matures.
For all of these reasons , especially the similarity and closely related nature of the
duties, skills , and objectives of the employees herein, and the fact that a teachers unit
would be inappropriate because avocational teachers are virtually indistinguishable from
resident advisers , I conclude that a unit composed of teachers , resident advisers, and
counselors is appropriate under all the circumstances here present , and that it must
prevail over one limited to teachers only, assuming ( but not finding ) that such a smaller
unit might conceivably also be appropriate.
* An election eligibility list, containing the names and addresses of all the eligible voters,
must be filed by the Employer with the Regional Director within seven ( 7) days of the date
of this Decision and Direction of Election . The Regional Director shall make the list avail-
able to all parties to the election . In order to be timely filed, such list must be received
in the Regional Office, 610 Federal Building , 601 East 12th Street, Kansas City, Missouri
64106, on or before August 19, 1966. Under Board directives , no extension of time to file
this list may be granted except in extraordinary circumstances , nor shall the filing of a
request for review operate to stay the filing of such list . Failure to comply with this re-
quirement shall be grounds for setting aside the election whenever proper objections are
filed. Excelsior Underwear Inc., 156 NLRB 1236.
International Hod Carriers , Building and Common Laborers
Union of America, Local 300, and Its Agent Joseph Murdock
(HRH California , Inc.) and Ernesto O. Delgado. Case 31-CB-12
(formerly 21-CB-?492). December 21, 1966
DECISION AND ORDER
On August 10, 1966, Trial Examiner Stanley Gilbert issued his
Decision in the above-entitled proceeding, finding that the Respond-
ents had not engaged in and were not engaging in certain unfair
162 NLRB No. 26.
264--047-67-vol. 162-20