Tyre Brothers Glass & Paint Co.

National Labor Relations Board - Board Decisions

Aug 26, 1949

85 N.L.R.B. 910 (N.L.R.B. 1949)

In the Matter of TYRE BROTHERS GLASS & PAINT Co., EMPLOYER and
DISTRICT #94 FOR ITS LOCAL LODGE #1186, INTERNATIONAL ASSO-
CIATION OF MACI31NISTS, PETITIONER
In the Matter of TYRE BROTHERS GLASS & PAINT Co., EMPLOYER and
SERVICE AND MAINTENANCE EMPLOYEES UNION LOCAL 399, AFFILIATED
WITH BUILDING SERVICE EMPLOYEES INTERNATIONAL UNION, AFL,
PETITIONER
Cases Nos. 21-RC--810 and 2.1-RC-868, respectively.-Decided
August 26,1949
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, a hearing on these consolidated cases was
held before Daniel J. Harrington, hearing officer. The hearing of-
ficer'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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer, a California corporation, is engaged in cutting
and beveling glass at its sole place of business in Los Angeles, Cali-
fornia. During the year 1948, the Employer purchased materials and
:supplies valued in excess of 1 million dollars, of which approximately
50 percent was purchased and shipped from outside the State of Cali-
fornia: During the same period, the Employer's sales were valued in
excess of 2 million dollars, of which about 1 percent represented sales
to purchasers outside the State. Purchasers of the Employer's prod-
ucts included distributors of glass, contractors, and lumber yards.
We find, contrary to the contention of the Employer, that the Em-
ployer is engaged in commerce within the meaning of the Act.' The
1 Matter of Whitney's, Si N. L. R. B. 75 ; Matter of DeMays, Inc., 81 N. L. R. B. 1374.
85 N. L. R. B., No. 157.
910
TYRE BROTHERS GLASS & PAINT CO. 911
Employer 's motion to dismiss on the ground of lack of jurisdiction
is accordingly denied.2
2. District #94 for its Local Lodge #1186, International Associa-
tion of Machinists , herein called the Machinists , and Service and Main-
tenance Employees Union Local 399 , affiliated with Building Service
Employees International Union, AFL, herein called Local 399, are
labor 'organizations claiming to represent employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9'
( c) (1) and Section 2 (6) and ( 7) of the Act.
4. The Machinists seek a unit of "all maintenance employees in-
cluding machinists , mechanics , painters , electricians , welders, radi-
ator repairmen , body and fender men, trimmers , carpenters, wood-
workers, their apprentices and helpers " excluding office, clerical, and
professional employees , watchmen, and supervisors . Local 399 seeks
a unit of janitors, janitor working foremen, and matrons. The Em-
ployer contends that neither unit is appropriate ; and that the em-
ployees in question should be included in one of the two already
existing units, namely the unit of production employees , represented
by Glaziers ' and Glass Workers' Local Union 636 of Los Angeles, AFL,,
or the unit of truck drivers, represented by Teamsters ' Union Local
420, Building Material and Dump Truck Drivers of the Interna-
tional Brotherhood of Teamsters and Chauffeurs, AFL.
It does not appear, however , that the interests of the two groups
of employees sought herein are closely identified with those of the
production employees or truck drivers . Furthermore , the two or-
ganizations which at present represent the Employer 's production
workers and drivers, respectively , make no claim to represent any of
the employees sought herein, and neither of these organizations is
a party to this pr6ceeding .3 Both of the groups herein sought are
comprised of employees who are frequently included in a plant-wide
unit, and we might be reluctant to sever these groups had, they pre-
viously been included in such a unit . In the present case , however, in
the absence of any plant -wide bargaining history and. of a request by
any organization to bargain on a plant -wide basis, we find that each
2 As a second ground for its motion to dismiss the petition , the Employer argued that
the employees herein involved . perform no labor on goods which pass . in interstate com-
merce . We find no merit in this contention . It is well established that it is not a pre-
requisite to the assertion of jurisdiction by the Board to find that the duties of the partic-
ular employees sought to be represented affect interstate commerce . Matter of Concrete
Pipe & , Products Company„ Incorporated, 74 N. L. It. B. 905.
The Employer requested that Glaziers' and Glass Workers' Local Union 636 be placed
on the ballot , if an election Is directed. In view of the circumstances set forth above, this
request Is denied.
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
group has a sufficient internal community of interest, as distinguished
from the established units, to warrant permitting it to bargain as a
separate unit. Accordingly, we find no merit in the Employer's con-
tention that the units sought herein must be consolidated with the
existing units.
A. The maintenance unit
Although the Machinists list 12 classifications of maintenance em-
ployees whom they seek to represent, there are no more than 6
employees of the Employer who fall into any of these classifications.
The shop master mechanic repairs machinery and does electrical and
welding work. He spends more than 50 percent of his time in these
duties, although he also relays orders to two other employees who
assist him with mechanical work. He has no authority to hire or
discharge, promote, reward, or discipline either of these employees,
although, according to the plant supervisor's testimony, he does make
"strong suggestions." However, the plant supervisor testified further
that the master mechanic's duties are largely routine, and that he has
little occasion to exercise independent judgment. Under the circum-
stances, we find that the shop master mechanic is not a supervisor but
that his relationship to his two part-time assistants is that of a piaster
craftsman. The chief truck mechanic services cars and trucks, and
does some welding and carpenter work. The assistant to the master
mechanio and to the chief truck mechanic acts as helper to the pre-
viously discussed employees. The carpenter works chiefly on new con-
struction. Although he is not engaged in strictly maintenance duties,
his interests appear to be most closely allied with those of the main-
tenance group. We shall include these four employees in the
maintenance unit.
The dock hand (previously a part-time assistant truck mechanic)
packs and unpacks glass and does other dock work under the super-
vision of the shipping clerk. For a short time he also worked part-
time in the garage, but he has been permanently relieved of his garage
duties. Other employees doing dock work are represented by Glaziers'
and Glass Workers' Local Union 636, whose contract with the Em-
ployer covers-all the employees who pack or handle glass. The handy
man formerly operated a putty machine and worked with the group
represented by Glaziers' and Glass Workers' Local Union 636. Since
the abandonment by the Employer of the putty making process, he has
done some maintenance work, but he also handles glass, and he spends
most of his time working with employees represented by Glaziers' and
Glass Workers'Local Union 636. We shall exclude these two employees
from the maintenance unit.
TYRE BROTHERS GLASS & PAINT CO. 913
On the above facts, and on the basis of the entire record, we find that
all the maintenance employees at the Employer's Los Angeles, Cali-
fornia, plant, including the shop master mechanic, the chief truck
mechanic, the assistant to the master mechanic and to the chief truck
mechanic, and the carpenter, but excluding the dock hand and the
handy man, office, clerical and professional employees, watchmen, and
supervisors, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
B. The janitor unit
This group consists of three or four employees, one of whom is
classified as a janitor, two as yardmen,4 and one as yardman foreman.
No matrons are employed by the Employer. The yardmen spend
approximately 90 percent of their time dismantling packing cases.
After finishing this work, they sweep up the glass, nails, and debris in
the immediate area where they have worked. The janitor mops as well
as sweeps, and his work is not confined to any particular areas. The
yardman foreman relays orders to the janitor and to the other yard-
men, but spends a majority of his time in manual labor. His duties
are purely routine and do not call for the exercise. of independent judg-
ment. We find that he is not a supervisor within the meaning of the
Act.
On the basis of the above facts, and upon the entire record, we find
that all the janitors employed by the Employer at its Los Angeles,
California, plant, including the yardmen and the yardman foreman,
but excluding office, clerical., and professional employees, watchmen,
and supervisors, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the,
Act.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, separate elec-
tions by secret ballot shall be conducted as early as possible, but not
later than 30 days from the date of this Direction, under the direction
and supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the employees
in the units found appropriate in paragraph numbered 4, above, who
About a week before the hearing, one yardman , Alberto Flores ,' was injured in an auto-
mobile accident . The Employer is uncertain as to whether or not this individual will be
reinstated . As his employment has not been severed , he: will be accorded an opportunity
to cast a ballot if, at the time of the election , his status is unchanged.
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were employed during the pay-roll period immediately preceding the
date of this Direction of Elections, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not :
1. The employees in unit A desire to be represented for purposes of
collective bargaining by District #9I for its Local Lodge #1186,
International Association of Machinists ;
2. The employees in unit B desire to be represented for purposes
of collective bargaining by Service and Maintenance Employees'
Union Local 399, affiliated with Building Service Employees Inter-
national Union, AFL.