Wilson & Co. Inc.

National Labor Relations Board - Board Decisions

Mar 18, 1955

111 N.L.R.B. 1011 (N.L.R.B. 1955)

WILSON & CO. INC. 1011
WROUGHT IRON INDUSTRIES , INC.' and INTERNATIONAL UNION, UNITED
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, LOCAL 189 (UAW-CIO) , PETITIONER. Case No. 7-RC-
2620. March 18,1955
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Ruth Greenberg,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent certain
employees of the Employer 2
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 following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act : 3
All production and maintenance employees at the Employer's De-
troit, Michigan, plant, including the regular part-time employees, but
excluding office and plant clerical employees, professional employees,
guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
'The petition was amended at the hearing to show the correct name of the Employer
as indicated above
2 The motion for intervention of Local 299 , International Brotherhood of Teamsters,
Chauffeurs , Warehousemen and Helpers of America , AFL, is denied ; we have adminis-
tratively determined that the showing of interest in support of the motion is of doubtful
validity.
3 At the hearing , the parties stipulated to the appropriateness of the unit.
111 NLRB No. 173.
WILSON & CO. INC. and UNITED PACKINGHOUSE WORKERS OF AMERICA,
C. I. O., PETITIONER. Case No. 17-RC-1916. March 18, 1955
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before William M. Guerin, hearing
111 NLRB No. 170.
344056-55-vol. 111-65
1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
officer . The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.'
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees 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.
The Petitioner seeks to add the Employer 's exchange yard drivers
in Omaha , Nebraska , to the existing contract unit of production and
maintenance employees at the Employer 's Omaha plant . These driv-
ers were included in the plantwide unit which was found appropriate
by the Board in 1948' and for which the Petitioner was subsequently
certified 3
The Employer now contends , however, that because the exchange
yard drivers were specifically excluded from the bargaining unit in
post-certification contracts between the Employer and the Petitioner,'
the Board should find that the Petitioner has waived its right to repre-
sent such drivers. However, the Board has frequently held that the
exclusion of particular employees from a contract unit does not con-
stitute a waiver by the contracting union of its claim to represent such
employees in the future as part of the contract unit.5 Accordingly,
we find no merit in the Employer 's waiver contention.
4. As already stated, the Petitioner seeks to add to its existing
plantwide unit the exchange yard drivers attached to the Employer's
Omaha plant. The Employer contends that the unit sought is inap-
propriate because these drivers are allied to management. These
drivers are in training for the position of livestock buyer. They spend
at least half of their time in hauling livestock from the yards of the
Omaha livestock exchange to the Employer 's Omaha plant. The bal-
ance of their time is spent in collecting and processing records of live-
stock purchases . In addition , those who have shown the most aptitude
are permitted to make occasional purchases , themselves.
In an earlier proceeding involving the same parties , the exchange
yard drivers were included by the Board in the.plantwide unit over
1 The hearing officer referred to the Board the Employer 's motions to dismiss the peti-
tion on the grounds ( 1) that the employees sought are allied with management; and (2)
that the Petitioner has by contract waived its right to represent these employees. These
motions are denied for the reasons stated in the text below
3 80 NLRB 1466, 1469.
3 82 NLRB 405.
4 The most recent such contract was executed on' October 8, 1954, for a term of 2 years.
5 United States Gypsum Company, 107 NLRB 122 ; Martin Parry Corporation, 95 NLRB
1506 ; Dsngham-Herbrand Corporation, 97 NLRB 68.
THE ROBERT BECHT COMPANY 1013f
the Employer's objection.' There is no evidence that their duties have,
changed since the Board's decision in that case. The fact that they.
may ultimately become livestock buyers is not sufficient reason to deny
them the right to representation under the Act; nor does that fact
militate against their inclusion in the same unit with other produc-
tion and maintenance employees. However, in accord with our usual,
practice, we will exclude as managerial employees such of the drivers,
if any, who spend a substantial part of their time in making purchases
for the Employer's account.' As the identity of such drivers does not
appear from the record, the effect of this limitation upon the eligibility,
of particular drivers to vote will be determined in ruling upon chal-
lenges to their ballots.
We will, accordingly, direct an election in the following voting
group :
All exchange yard drivers at the Employer's Omaha, Nebraska,
plant excluding those drivers who during a substantial part of their
time buy livestock for the Employer, all other employees, and
supervisors.
If a majority vote for the Petitioner, they will be taken to have indi-
cated their desire to constitute part of the existing plantwide unit.
In that event, the Petitioner may bargain for the employees in the
above voting group as part of such unit and the Regional Director
conducting the election is instructed to issue a certification of results
of election to such effect.
[Text of Direction of Election omitted from publication.]
6 The Employer ' s objection in that case to the inclusion of the exchange yard drivers
in the unit was based on different grounds from those here presented . See footnote 2,
above.
7 Western Electric company, 100 NLRB 420, 423
THE ROBERT BECHT COMPANY and UNITED STEELWORKERS OF AMERICA,
C. I. O. AND LOCAL #183, SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION, A. F. OF L., PETITIONERS. Cases Nos. 9-RC-21156 and
9-RC-2215. March 18,1955
Decision and Certification of Representatives
Pursuant to a stipulation for certification upon consent election exe-
cuted by the parties hereto, an election by secret ballot was conducted
on August 10, 1954, under the direction and supervision of the Re-
gional Director for the Ninth Region (Cincinnati, Ohio), among the
employees in the stipulated unit. At the conclusion of the election,
the parties were furnished a tally of ballots which showed that of
approximately 52 eligible voters, 51 cast ballots, of which 25 were
111 NLRB No. 167.