Wagner-Wood Co.

National Labor Relations Board - Board Decisions

Apr 29, 1955

112 N.L.R.B. 569 (N.L.R.B. 1955)

WAGNER-WOOD COMPANY 569
preceding 12-month period.21 Regular part-time employees are em-
ployees who work a minimum of 30 hours but less than the standard 40
hours each week, and who have not as yet qualified as regular em-
ployees under the Employer's formula. Full-time extra employees are
employees hired to fill a vacancy in the selling force, and who work a
full workweek, but who have not as yet worked 24 weeks or 720 hours.
Part-time extra employees are employees who work 8 to 20 hours per
week for approximately 8 months in the year, but who never accumu-
late 720 hours of employment within a 12-month period.29 These em-
ployees do the same work as "regular" employees.
Accordingly, as these employees are either full-time employees or
regular part-time employees, we shall follow our customary procedure
and include them in the units found appropriate under paragraph 4,
supra, and shall permit them to vote in the elections hereinafter
directed.30
[The Board dismissed the petition in Case No. 1-RC-3813.]
[Text of Direction of Elections omitted from publication.]
MEMBER LEEDoM took no part in the consideration of the above
Decision, Order, and Direction of Elections.
23 The Employer does not classify an employee as a regular employee until he has met
these standards.
The Employer contends that although some of these employees may be within the appro-
priate unit , they should be precluded from voting However, as the present policy of the
Board is to grant all employees included in the appropriate unit the privilege of voting in
the election , we shall consider these employees on the basis of whether or not they should
be included in the appropriate units.
21 In the Fenway Store, most part-time extra employees work on Saturdays and week-
day evenings , and are employed in both the selling divisions and the nonselling departments.
The record does not indicate in what capacity any of these disputed employees work at
Brookline , Somerville , or Allston.
30 Sears Roebuck & Company, 106 NLRB 242.
In Case No. 1-RC-3814, the parties stipulate that full-time and part-time extra employees
employed only during such peak seasons as Christmas and Easter be excluded from the
appropriate unit at the Fenway Store
Wagner-Wood Company and Miami Valley Carpenters District
Council , United Brotherhood of Carpenters and Joiners of
America, AFL and General Truck Drivers, Chauffeurs, Ware-
housemen and Helpers of America , Local 957, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America , AFL, Petitioners . Cases Nos. 9-RC-2415 and
9-RC-2416. April 09, 1955
DECISION AND DIRECTION OF ELECTION
Upon separate petitions duly filed, under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
Joe F. Odle, Jr., hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
112 NLRB No. 75.
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent contain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion 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 Employer is engaged in the manufacture of kitchen cabinets
and equipment and the sale of lumber. Its plant in Dayton, Ohio,
consists of a shop building, warehouse, lumberyard, and lumbersheds.
The Petitioners in these cases, Miami Valley Carpenters District
Council, United Brotherhood of Carpenters and Joiners of America,
AFL and General Truck Drivers, Chauffeurs, Warehousemen and
Helpers of America, Local 957, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, AFL, seek
to represent separate units of shop employees and yard employees,
respectively. The Employer contends that, in view of the small size
of its operations and the integration of its departments, only a single
unit of these employees is appropriate. There is no history of col-
lective bargaining.'
The record reveals that the shop and yard operations are closely
interrelated and that there is a frequent and regular interchange of
employees. Yardmen spend a substantial amount of time in the shop
cutting lumber and assembling such items as doors and window frames.
Some of the shopmen load and drive. One employee's time is evenly
divided between shop and yard work. All the employees in question
are paid on an hourly basis, work substantially the same shift, and
receive the same benefits.
In these circumstances, we find that the following employees of
the Employer constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act:
All production employees, truckdrivers and their helpers, loaders,
checkers, and warehousemen at the Employer's Dayton, Ohio, plant,
excluding salesmen, office clerical and professional employees, guards,
and supervisors 2 as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBER LEEDOM took no part in the consideration of the above
Decision and Direction of Election.
1 Pursuant to a Board-ordered Decision and Direction of Election, in Wagner-Wood Com-
pany, 9-RC-659 ( not reported in printed volumes of Board Decisions and Orders), an
election was held in a unit of "All truckdrivers , yard employees , and cabinetmakers "
There were the customary exclusions . On March 7 , 1950, the Board certified that the
petitioning union failed to receive a majority of votes cast.
2 The parties agree that group leaders, Elliot and Smart, should be included in the unit.
Neither possesses any of the indicia of supervisory authority which would proscribe his
inclusion.