Associated Milk Producers, Inc.

National Labor Relations Board - Board Decisions

Aug 27, 1980

251 N.L.R.B. 1407 (N.L.R.B. 1980)

ASSOCIATED MILK PRODUCERS, INC. 1407
Associated Milk Producers, Inc. and Chauffeurs,
Teamsters and Helpers Local Union No. 47, af-
filiated with International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Petitioner. Case 16-RC-
8113
August 27, 1980
DECISION ON REVIEW
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND TRUESDALE
On April 16, 1980, the Acting Regional Diretor
for Region 16 issued a Decision and Direction of
Election in the above-entitled proceeding in which
he found appropriate a unit composed of all truck-
drivers at three of the Employer's locations, two of
which are in Stephenville, and one in Comanche,
Texas. Thereafter, in accordance with Section
102.67 of the National Labor Relations Board
Rules and Regulations, Series 8, as amended, Peti-
tioner filed a timely request for review of the
Acting Regional Director's Decision and Direction
of Election, contending that the Acting Regional
Director made erroneous findings of fact and de-
parted from officially reported Board precedent in
rejecting Petitioner's requested unit limited to the
two Stephenville locations.'
On May 15, 1980, the National Labor Relations
Board, by telegraphic order, granted the request
for review, declined to stay the election, but or-
dered that the ballots be impounded pending this
Decision on Review. Thereafter, the election was
held, and the ballots were impounded.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record in
this case with respect to the issues under review,
including the briefs of the parties on review, and
makes the following findings:
Petitioner contends that the appropriate unit
should consist of the two Stephenville facilities be-
cause of their close geographical proximity, exclud-
ing the facility at Comanche some 32 miles away.
The Employer urges the appropriateness of a unit
consisting of the three facilities, as found by the
Acting Regional Director. It contends that the
need for the three reporting locations for drivers is
dictated by the economy of reducing total mileage
I Petitioner initially sought to represent only the truckdrivers at the
Employer's Dublin Highway location in Stephenville. At the end of the
hearing it stated that it would represent any unit found appropriate
However, in its brief to the Regional Director and its request for review
it seeks to represent a unit that includes both the Dublin Highway and
the East Washington Street locations in Stephenville
251 NLRB No. 186
and urges the existence of central supervision for
the three locations as determinative.
The Acting Regional Director based his three-lo-
cation unit finding upon the similarity of operations
and employee skills, some transfers of employees
between locations, identical wages, hours, and
benefits, and centralized supervision.
The Employer is engaged in the marketing of
milk collected by its drivers from dairy farmers.
Corporate headquarters are in San Antonio, Texas,
and the three facilities here involved are part of the
Employer's Fort Worth-Dallas Division. At Ste-
phenville the Employer has 26 employees at the
Dublin Highway facility, and 9 at the East Wash-
ington Street facility. These two locations are 3
miles apart. The third facility here involved, with
18 employees, is located at Comanche, Texas, 32
miles from Stephenville. 2 The drivers at each of
these facilities have assigned routes. They pick up
milk from the area and deliver it to processsors in
Houston, San Antonio, and Dallas. Stephenville
drivers also deliver milk to Waco, Texas.
Transportation Manager Clement is stationed at
the Dublin Highway location in Stephenville.
From there he directs the transportation function
of the three facilities. However, at Comanche,
lessor Gore and his dispatcher Hightower-neither
of whom is an employee of the Employer-handle
day-to-day supervision of the drivers. Clement
spends about 1 hour a week at the Comanche loca-
tion. While there he is in contact with Gore and
Hightower rather than the drivers. Gore and High-
tower assign routes at this location and schedule
vacations. Hightower handles disciplinary prob-
lems. Although Clement has final authority with
respect to the hire and discharge of Comanche
drivers, he testified that he has followed the recom-
mendations of Gore and Hightower at Comanche.
At Stephenville, Clement directly hires the drivers
at the Dublin Highway facility. Under the lease ar-
rangement at East Washington Street Clement has
also directly hired drivers. He visits the latter loca-
tion about twice a week. If a driver at that location
is ill, he may call either Clement or lessor Carpen-
ter and advise that he will be unable to take the
run. Thus the record concerning supervision sup-
ports a unit limited to the Stephenville locations.
2 The facility at East Washington Street (and its trucking equipment) is
leased by the Employer from the owner, Carpenter This is true also at
Comanche, where the lessor is Gore. the owner at that location. Both
lease arrangements are on a yearly basis. Manager Hagler. of Employer's
Dallas-Fort Worth Division, testified that he had been notified on the
morning of the hearing. March 31. 1980. that the Gore lease would be
terminated as of May I; however, it might be renegotiated. He was of the
opinion that the lease with Carpenter would be renewed The Acting Re-
gional Director in his decision referred to the possible change in status of
the Gore operation in Comanehe, but viewed it as mere speculation He
noted that the possibility of such change was not a factor in his findings
1408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Concerning the asserted transfer of employees
among the three locations, we note that the record
shows none on a temporary basis. Permanent trans-
fers have been few, made at the request of employ-
ees and for their convenience. One Stephenville
employee was transferred to Comanche and one
Comanche employee to Stephenville, both having
waited until there were openings at the respective
locations. The Employer also granted two employ-
ees transfers between East Washington Street and
Dublin Highway, within Stephenville. We view
such permanent transfers as insignificant with re-
spect to the appropriateness of the three-location
unit urged by the Employer.
With respect to driver contact while on duty,
the Employer refers to some group meetings and a
Christmas party, as well as the opportunity of driv-
ers meeting each other at processing plants when
the milk is being delivered. Such encounters "at
destination" undoubtedly occur at Houston, San
Antionio, and Dallas. However, only Stephenville
drivers deliver to Waco, Texas. In Stephenville
itself it appears that drivers from East Washington
Street come to the Dublin Highway location for
various reasons, as follows: to get their route desti-
nation should lessor Carpenter be absent from East
Washington Street; to leave milk samples; to check
on insurance benefits; and just to have coffee.
Drivers from Comanche come to Stephenville
much less frequently.
As long recognized by the Board, the crucial
question in determining unit scope is whether the
unit "requested" is appropriate. 3 Here Petitioner
3 Dixie Belle Mills, Inc. a Wholly-Owned Subsidiary of Bell Industries.
Inc.. 139 NLRB 629, 631 (1962).
Stephenville, whose drivers we find have frequent
contact and share immediate supervision. We con-
clude on this record that the Stephenville two-loca-
tion unit is an appropriate unit, and accordingly
shall exclude the drivers stationed at Comanche. In
addition to their separate immediate supervision
and less frequent contact with Stephenville drivers,
it appears that Comanche drivers have separate se-
niority based upon an accumulation of seniority
during prior employment with lessor Gore.
Accordingly, we find that the following employ-
ees of the Employer constitute a unit appropriate
for the purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
All truck drivers and shopmen/mechanics at
the Employer's Dublin Highway and East
Washington Street facilities in Stephenville,
Texas, excluding office clerical employees,
technical and professional employees, guards,
watchmen and supervisors as defined in the
Act.
We shall therefore remand this case to the Re-
gional Director for Region 16 for the purpose of
opening and tallying the previously impounded bal-
lots cast by employees of the Employer at its
above-mentioned facilities in Stephenville, Texas,
and for such other action as is appropriate.