Avon Products, Inc.

National Labor Relations Board - Board DecisionsAug 8, 1980

250 N.L.R.B. 1479 (N.L.R.B. 1980)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Avon Products, Inc. and United Steelworkers of America, AFL-CIO, Petitioner. Case 9-RC- 12883 August 8, 1980 DECISION ON REVIEW AND DIRECTION BY CHAIRMAN FANNING AND MEMBERS PENE I.O AND TRUESDALE Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Mark G. Mehas of the National Labor Relations Board on April 27 and 30 and May 9, 10, and 18, 1979. On November 28, 1979, the Regional Director for Region 9 issued a Decision and Direction of Elec- tion in which he found appropriate a unit consist- ing of certain classifications of production and maintenance employees at the Employer's Spring- dale, Ohio, facility. On December 4, 1979, the Re- gional Director issued an "Erratum" to his Deci- sion determining the voting eligibility of certain "reserve employees." Thereafter, in accordance with Section 102.67 of the National Labor Rela- tions Board Rules and Regulations, Series 8, as amended, the Employer filed a timely request for review of the Regional Director's decision, con- tending that his unit determination was erroneous. The Board, by telegraphic order dated January 2, 1980, granted the Employer's request for review. On January 3, 1980, under the supervision of the Regional Director for Region 9, an election was conducted at the Employer's facility. Employees employed in classifications that were subject to dis- pute were allowed to cast challenged ballots. All ballots have been impounded pending this decision on review. Both the Employer and the Petitioner have filed briefs in support of their respective posi- tions. 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 and makes the following findings: The Petitioner initially sought to represent a unit of all production and maintenance employees, ex- cluding all office clerical employees, professional employees, guards, and supervisors as defined in the Act.' In the Petitioner's view, such a unit con- ' At the hearing. the Petitioner maintained that the appropriate unit should be determined by distinguishing between the Employer's "Stand- ard Salary" or "Schedule A" employees who are paid on an hourly basis and the Employer's "Salary Range" or "Schedule B" employees who are paid on a weekly salary basis The Petitioner sought to include all Stand- 250 NLRB No. 141 sists of approximately 1,450 employees. The Em- ployer asserted at the hearing and continues to contend that the unit should also include all em- ployees involved in the "order flow process" which it contends is actually the "production" process of its operation. In this regard, the Em- ployer asserts that the appropriate unit should in- clude all classifications which were included in a 1973 Decision and Direction of Election 2 involving this same facility. The Regional Director rejected, for the most part, the Employer's contentions re- specting the order flow process and the controlling nature of the 1973 Decision and Direction of Elec- tion. In so doing, the Regional Director excluded, inter alia, most of the employees in the Employer's Representative Service Department, all employees in the Data Processing Department, and various other classifications of employees throughout the Employer's facility. In its brief to the Board, the Petitioner urges that we affirm the Regional Direc- tor's decision in its entirety. We find, however, that his decision was erroneous in several respects. The Employer is a New York corporation en- gaged in the manufacture, packaging, and distribu- tion of cosmetic and toiletry products. The only fa- cility involved in this proceeding is its Springdale, Ohio, operation which is comprised of both manu- facturing and distribution functions. 3 The facility employs approximately 1,700 employees and there is no history of collective bargaining. The Branch Operation The function of the Branch operation is to re- ceive, process, fill, and distribute orders which are received, by mail, on a daily basis from the Em- ployer's 55,000 field representatives located throughout the four-state area serviced by the Springdale facility. The Branch operation receives approximately 110,000 orders each month. The re- ceipt and processing of orders is structured on the basis of 26 2-week sales campaigns per year. Each 2-week campaign is in turn structured so that five mail order processing plans are conducted the first ard Salary employees while excluding all Salary Range employees I he Regional Director declined to adopt this distinction as a means of deter- mining the appropriate unit We agree with the Regional Director that the distinction between Standard Salary and Salary Range does not pro- vide a sound basis on which to determine the appropriate unit. In this regard, we note that the Employer is in the process of eliminating this distinction and, as a practical matter. the particular wage plan in which indis idual job classifications are placed has minimal effect on the employ- ces' community of interest with other employees inasmuch as Ihe Isto plans provide for substantially similar rates of pay 2 ,4wn Producrt, Inc.. Case 9-RC-10085 A request for review of this 1973 Decision was denied by the Board a' The manufacturing operation and the distribution operation (herein referred to as the Branch operation) are Icated in a single building The overall operation services a four-state area comprised of Ohio. ichigan. Kentuck), and Indiana 1479 DECISIONS OF NATIONAL LABOR RELATIONS BOARD week and five the second week. Thus, in any given week, the Branch operation is engaged in process- ing five mail order plans. The processing of the five plans on a weekly basis is coordinated through the use of common order flow schedules, daily cut sheets, daily order flow reports, order flow reports, and shipping schedules. Utilization of these reports and schedules throughout each department in the Branch operation allows the Employer to maintain up-to-the-minute control of the order process. The Branch operation is comprised of six depart- ments through which the orders move in an assem- bly line manner beginning with the initial receipt of orders from the field representatives and culminat- ing in the actual shipment of goods to the field rep- resentatives. The initial stages of the order-filling process take place in the Representative Service Department which serves a variety of functions, utilizing approximately 100 employees. Employees in this department pick up orders from the post office and return them to the facility where they are counted, opened, and sorted.4 The orders are also edited and verified, with additional necessary information supplied by various employees to assure that all orders are uniform and complete. The department also handles various adjustments to orders and accounts which present special prob- lems and processes currency accompanying orders as well as returned goods. In addition, the Repre- sentative Service Department prints and mails nec- essary information to the field representatives and maintains the accounts of the field representatives including available credit, new contracts, and eval- uation of credit risks. Other employees in this de- partment are engaged in miscellaneous duties relat- ed to the receipt of orders and the supplying of in- formation to the field representatives. Finally, em- ployees in the Representative Service Department physically carry completed orders to the order entry employees who are part of the Data Process- ing Department. Approximately 115 employees are employed in the Data Processing Department, which has two primary functions. First, its employees receive the completed purchase orders from the Representative Service Department, attach computer picking lists and invoices to the purchase orders, and then enter the order into the computer system via a visual order entry (VOE) machine. Secondly, employees in Data Processing receive information from throughout the Manufacturing and Branch oper- ations relating to inventory, raw materials, ship- ' Orders are color coded in accordance with the mail order plan being processed at the time. This color coding allows the Employer to maintain the various reports and schedules noted above that are used in coordinat. ing and controlling the entire order process operation. ping, and assembly. This information is also entered into the computer. In both instances, the data input provided through the Data Processing Department provides the basis for the subsequent manufacture, filling, and shipping of orders. From Data Processing, the purchase orders (ac- companied by a computer picking list and invoice) are taken to the Shipping Department, which em- ploys approximately 185 employees. There the orders are assembled and packed both mechanical- ly and manually. Mechanical assembly entails stocking a machine with the most popular items which the machine then places in boxes as they pass on a conveyor belt. Manual assembly takes place along conveyor lines with employees physically placing items in boxes which pass by in accord with the computer picking list which accompanies the order. Once the orders are assembled and packed they move to the Transportation Department. The Transportation Department's function is to arrange for the outbound shipment of merchandise to the field representatives. The department also is involved in the outbound shipment of goods and merchandise to other Avon facilities. Outbound shipments take place either by truck or rail. Another part of the Branch operation is the Mer- chandise Control Department. This department, which utilizes approximately 70 employees, is re- sponsible for receiving and warehousing finished goods which are provided, as needed, to the Ship- ping Department for inclusion in the field repre- sentatives' orders.5 The Merchandise Control De- partment also receives and stores returned or dam- aged goods and is also involved in providing mer- chandise to other Avon facilities in cases of ex- traordinary need. The Branch operation also has an Inventory, Cost and Planning Department. The 15 employees in this department maintain the inventories for con- tainers, ingredients, and finished goods. The depart- ment also conducts an ongoing examination of vari- ations from standard costs and produces a consoli- dated profit plan. Finally, included in the Branch operation are ap- proximately 14 tour hostesses. These employees all hold other regular positions at the facility but for several months in the year they provide tours of the facility to visiting Avon sales representatives. During this time, they spend 3 days per week and 4 to 6 hours per day conducting the tours. a Most of the products comprising field representatives' orders are pro- duced and packaged at the Employer's facility. Certain other products. however, are received as finished goods from sources outside the facility and included in the orders eventually sent It is these latter goods which are handled by Merchandise Control. 1480 AVON PRODUCTS The Manufacturing Operation At the same time that the Branch operation is engaged in the receipt, processing, and filling of orders, the second major division of the Employ- er's enterprise, the Manufacturing operation, is en- gaged in the receipt of materials and the processing and packaging of finished products which eventual- ly comprise the orders shipped to the field repre- sentatives. Thus, just as the Branch operation proc- esses orders in a highly integrated, assembly line manner, the Manufacturing operation processes products in a similar fashion. The Manufacturing operation is made up of eight departments. The Material Handling Department, which has approximately 130 employees, controls the flow of materials into the facility as well as the movement of finished merchandise to all depart- ments within the facility. This department carries out its functions through the use of a computer which is interfaced with another computer in the Data Processing Department of the Branch oper- ation. The Material Handling Department, in con- trolling the flow of merchandise throughout the fa- cility, is involved with inventory, warehousing, shipping, receiving, and virtually every other de- partment in the Employer's overall operation. The Processing Department is responsible for the actual manufacture of finished products from raw materials. Various products are produced in batches with the aid of a computer. The types and quantities of products being manufactured depends upon the particular sales program being run as well as the current and projected inventory status. After the raw materials have been converted into finished products by the Processing Department, the products are sent to the Packaging Department where they are placed in appropriate containers which are in turn placed in cartons. The cartons are then either temporarily warehoused or sent di- rectly to the Branch operation for use in filling current orders. This department employs approxi- mately 450 employees. Another part of the Manufacturing operation is the Quality Assurance Department. Its function is to audit the quality of raw materials, ingredients, and finished products that are manufactured at or distributed from the facility. The department has approximately 54 employees and utilizes both a control and a testing laboratory. The Production Control Department, which has approximately 20 employees, controls the oper- ations of the Processing and Packaging Depart- ments. Production Control acts to insure that all production materials are processed and ready for manufacture and packaging. The department also coordinates shipping schedules and acts to intro- duce new products into the production process. The schedules developed by this department deter- mine the actions of the warehouse and the Quality Assurance, Processing, and Packaging Depart- ments. The Engineering Department employs approxi- mately 47 employees and is sometimes referred to as the Maintenance Department. This department's function is to service and maintain the equipment, buildings, and grounds of the facility. The Manufacturing operation also employs 10 persons in the Industrial Engineering Department. This department provides engineering and techni- cal services for the entire facility including produc- tion line modifications or other changes to the me- chanical operation of the facility. Finally, the Manufacturing operation has ap- proximately 10 employees who work in the Pur- chasing Department. This department has some re- sponsibility for the purchase of production equip- ment but its primary function is the purchase of in- gredients, containers, and miscellaneous expendable items used within the facility. Personnel Policies, Working Conditions, and Employee Benefits The Employer maintains one Personnel Depart- ment for the entire facility. The personnel manager reports to the heads of both the Branch operation and the Manufacturing operation. The Employer also applies a common hiring and discharge policy and utilizes a centralized payroll. All employees are salaried6 although an hourly rate is computed for overtime purposes. All employees are entitled to merit increases and seniority is determined on a facilitywide basis. All employees also share equal access to various facilities and are subject to common work rules. The equipment and decor of the facility is uniform throughout; there is a single cafeteria for all em- ployees as well as lounges and rest areas. Recre- ational facilities are open to all employees. The hours of all employees are, for the most part, the same and common absenteeism rules apply. All em- ployees are entitled to certain premium pay and are subjected to periodic reviews. The benefits available to employees are also uni- form. These include paid vacations and holidays, as well as sick leave and funeral plans, and a variety of insurance benefits. The Employer maintains a pension plan for all employees, as well as a host of miscellaneous benefits such as tuition refund pro- grams, incentive prizes, and Avon product dis- counts. I See fn. I, supm. 1481 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Another item of substantial significance is the Employer's Job Opportunity Program. This pro- gram is available to all employees and allows any employee to bid for any other job available in the facility. Under the program, available jobs are posted and employees then can express interest through their supervisor. The supervisor then sub- mits a recommendation and interviews are con- ducted, with the most senior qualified applicant being awarded the position. The record reveals that hundreds of such transfers have been made with thousands of applications for changes having occurred. Many of these transfers were from job classifications excluded by the Regional Director to job classifications he would include in the unit and vice versa. In addition to such "permanent" transfers, the record reveals a high degree of employee inter- change in other respects. Thus, many employees often move from one job classification to another pursuant to temporary transfers. Also, on a daily or hourly basis, employees may move from one classi- fication to another under what is termed the "add rate" program. As is demonstrated by the foregoing, the Em- ployer's enterprise is a highly integrated operation with the function of each department being inte- grally dependent upon the functions of other de- partments. The entire process of filling orders and producing merchandise to fill the orders is subject to precise coordination and totally interdependent operations. In addition, as part of its overall oper- ation, the Employer maintains common benefits and entitlements. As noted above, the Employer contends that the appropriate unit should include all employees en- gaged in the "order flow process." In practical terms, the Employer asserts that a wall-to-wall unit is appropriate. In support of its position, the Em- ployer argues that the order flow process, i.e., the receipt, filling, and shipment of orders, is the actual production process carried out in its facility. Therefore, a unit composed of production and maintenance employees must include those employ- ees who make up the order flow process. We find merit in the Employer's assertion and accordingly find that certain classifications of employees were erroneously excluded by the Regional Director. I. THE BRANCH OPERATION A. Representative Service Department The Employer's processing of orders commences in the Representative Service Department. Several times each day external mail messengers pick up from the post office orders which have been mailed by field representatives and return with them to the facility. The order opening machine operators count the orders and divide them into the appropriate color categories. 7 Order openers then assemble the contents of the orders into order packages. At this point in the process, an individual order can follow several routes to further processing. This routing is done by mail clerks who take the order packages and place them into pigeonholes depending on the package's contents. Orders with no accompanying correspondence or adjustment sheets are edited for completeness by order editors. Completed orders are then taken directly to the Data Processing Department. If an order lacks an account number, it is supplied by an identification clerk who operates a visual entry tube. If correspondence calling for some type of an adjustment accompanies an order, mail readers per- form the adjustment. Audit clerks oversee the mail readers to assure accuracy. When a letter is at- tached to an order or the adjustment sheet exceeds one page, supplemental processing is done by team members who also handle special problems with orders. In so doing, they contact field representa- tives as well as employees in other departments, most notably Data Processing and Shipping. Team members also operate visual entry tubes which are tied into Data Processing. Team correspondents are responsible for preparing and sending correspond- ence to field representatives or district managers respecting particular problems or inquiries concern- ing orders. The auditor/trainer is responsible for training team members and also checks approximately 5 percent of the team members' and team correspon- dents' work to insure that proper procedures and guidelines are followed. Once orders are completed by the mail readers and team members, they are delivered to Data Processing by order control clerks. Certain other supplemental tasks are performed in the Representative Service Department respect- ing the initial processing of orders. Thus, contract and currency clerks process new contracts setting up a new field representative's account prior to re- ceipt of the first actual order. They also process currency into a field representative's account. Cash which is to be applied to a field representative's ac- count but which is not accompanied by an order is processed by a miscellaneous cash clerk. Credit checkers review orders involved in the billing proc- ess and also handle any credit problems which arise. Maintenance clerks update information in a field representative's account and prepare forms 7 See fn. 4, supra, and accompanying text. 1482 AVON PRODUCTS submitted to Data Processing regarding such up- dates. Delivery service clerks deal with orders not deliv- ered on time. They perform this task in conjunc- tion with employees in the Shipping and Transpor- tation Departments. A return goods analyst works in conjunction with the return goods section of the Merchandise Control Department to determine whether a refund or credit is appropriate. I.D. locate clerks place prospective field representatives in the appropriate district and inform the district manager of such by mail. They also record "fra- giles" and prizes and sort miscellaneous mail, rout- ing it to the appropriate department. A phone clerk records messages or orders received via the Em- ployer's "800" phone number and forwards them to the appropriate department. Utility clerks substi- tute for absentees throughout the department; and the teletype operator receives and sends teletypes for the entire Branch operation. For the most part, employees in the foregoing classifications in the Representative Service De- partment are involved with that portion of order processing which relates to incoming orders and supplemental information necessary for the process- ing of such orders. Another group of employees in this department is involved, for the most part, with outgoing materials relating to the processing and filling of orders. This group prepares and assembles printed material relating to merchandise which is sent to the field representatives as either part of an order or separately. This work is performed by printing coordinators and collating coordinators, ma- terial handlers who run the collating machine, mul- tilith operators, and labeler operators. A field supply clerk routes periodic and miscellaneous mailings to the appropriate district. This portion of the department also includes ex- peditor operators who prepare and mail account statements to field representatives indicating whether moneys are owing or have been received. A collections clerk handles the profit-and-loss ac- counts of the field representatives. A PCP (person- alized credit profile) clerk reviews new contracts from district managers and, depending on the par- ticular credit rating of the field representative, de- termines the means of payment required. A spur clerk initiates correspondence through Data Proc- essing regarding delinquent accounts. The work performed by the employees in these four classifi- cations, it should be noted, can affect the process- ing of orders inasmuch as the actions they take re- specting a representative's account will modify the method of processing subsequent orders received by that portion of the department discussed above. The awards and prize clerks monitor information from Data Processing to assure that prizes and awards earned by field representatives are mailed. The department also has an office supply clerk who fills orders for office supplies for all depart- ments in the facility. A cash sales clerk distributes Avon products to employees at a discount rate. Fi- nally, the department has a secretarial clerk who does typing for various supervisors and a depart- ment secretary who performs secretarial services for the department manager and certain other supervi- sors. The Regional Director found, and we agree, that multilith operators, material handlers, labeler oper- ators, expeditor operators, collating coordinators, and external mail messengers should be included in the unit. With respect to all other classifications in this department, the Regional Director found that those employees are engaged in direct, service-type support of the field representatives or in the prepa- ration of orders for Data Processing. Based on these findings, he concluded that such employees are essentially office clericals and thus should be excluded. With the limited exceptions discussed below, we find that the Regional Director erred in so holding. As noted above, the Employer maintains faci- litywide work rules, personnel policies, transfer op- portunities, and general working conditions. In ad- dition, there are uniform pay scales and common working hours, and the available fringe benefits apply to all employees. In this regard, the excluded employees in the Representative Service Depart- ment share common terms and conditions of em- ployment with all other employees at the facility. In the department itself there is a high degree of common supervision and the employees work in close proximity to each other and are required to exhibit similar levels of skill in essentially repetitive type work. Thus, employees in this department share a substantial community of interest not only with each other but also with all employees at the facility.8 With respect to the actual job functions per- formed by employees in the classifications excluded by the Regional Director, we find that, for the most part, those employees are involved in the "order flow process" and should properly be in- cluded in the unit.9 Indeed, the situation presented here is remarkably similar to that presented in Scholastic Magazines where the Board recognized a We also note that the Employer's records reveal substantial inter- change of employees between the Representative Service Department and other departments as well as the daily interchange of employees be- tween classifications within the department 9 Scholastic Magazines, Incorporated, 192 NLRB 461 (1971); Industrial Supplies Companvy, 237 NLRB 189 (1978): Jacob .4sh Co. Inc., 224 NLRB 74 (1976) 1483 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that the employer was "engaged in a single highly integrated process, i.e., filling the customers' orders, and employees of the three processing de- partments and warehouse employees participate equally and fully in this single process." 192 NLRB at 462. In addition, the Board emphasized common skill levels and common supervision, as well as the lack of distinction among employees generally as to benefits and other terms and conditions of employ- ment. Plainly, this Employer is engaged in a single highly integrated process. Indeed, its production is the same as that in Scholastic Magazines, i.e., the filling of customer orders. While this Employer's process is more complex than that in Scholastic Magazines, the underlying similarity remains the same in that the production process is the process- ing and filling of orders. When this factor is joined with the common terms and conditions of employ- ment maintained throughout the facility, we find a compelling basis for including all employees in- volved in the "order flow process" in the unit.' ° Accordingly, employees in the following classifica- tions should be included in the unit: order opening machine operators; order openers; mail clerks; order editors; identification clerk; mail readers; audit clerks; team members; team correspondents; order control clerks; contract and curremcy clerks; miscellaneous cash clerk; credit checkers; mainte- nance clerk; delivery service clerks; return goods analyst; I.D. locate clerks; phone clerk; utility clerk; teletype operator; printing coordinator; field supply clerk; expediter operators; collections clerk; PCP clerk; spur clerk; and prize and awards clerks. As for the remaining classifications, we find that those employees should be excluded from the unit. Thus, the parties have agreed and we find that the department secretary is an office clerical and should be excluded from the unit. We also find that the secretarial clerk is an office clerical and, there- fore, should be excluded. Regarding auditor/train- ers, we note that these employees are responsible for training the team members and that they also are charged with overseeing the work of team members and team correspondents so as to enforce proper procedures and guidelines. Accordingly, we find the auditor/trainers to be supervisors within 'o The Regional Director's conclusion that the employees he excluded are office clericals is misplaced. While much of the work performed by employees in this department is "clerical" in the sense that it involves forms, checklists, typing, and sorting, we find it significant that the Em- ployer's entire operation is highly mechanized and utilizes computers and forms to process orders. Thus, nearly every employee in the Employer's operation is involved, to some extent, with paperwork. In this regard there is minimal "manual labor" performed, at least as that term is collo- quially understood. In our view a more appropriate characterization of the employees excluded by the Regional Director is plant clericals. See Armour and Company, 119 NLRB 623 (1957). the meaning of Section 2(11) of the Act and thus excludable from the unit. We further find that the office supply clerk and cash sales clerk should be excluded. Unlike the other classifications included in the unit, employees in these two classifications play no role whatsoever in the order flow process. Instead, they are involved in supplying office mate- rials to the facility and internal sales of goods to employees. While these employees do come in con- tact with other employees at the facility, their workplaces are physically separated from other employees and their job functions do not contrib- ute directly to the processing of orders. B. Data Processing Department As set forth above in the discussion of the Rep- resentative Service Department, the second stage in the processing of orders takes place in the Data Processing Department. In Data Processing, orders are attached to computer "pick sheets" and iii- voices and the order is entered into the facilitywide computer network. The order, along with the pick sheet and invoice, then goes on to the Shipping Department. It is also through Data Processing that information relating to inventory, raw materi- als, shipping, and assembly is entered into the com- puter network. Once order processing has been completed by Representative Service, the orders are delivered to Data Processing where they are placed in batches of from 25-30 orders by visual order entry (VOE) operators, who then enter the orders into the faci- litywide computer network by means of a VOE terminal.' The VOE operators also enter informa- tion relating to inventory, raw materials, shipping, etc., into the computer network. The data compris- ing this input is delivered to Data Processing by all departments throughout the day. Upon receiving the information, miscellaneous keypunch operators keypunch cards which are used in the VOE termi- nals. Employees in certain other classifications in Data Processing perform additional steps in the order- processing procedure. Cashiers remove checks or money orders which accompany orders and record them. Attaching clerks clip computer picking lists and invoices to the orders. It is from the attaching clerks that Shipping Department employees obtain the orders (with invoice and picking list) each hour for delivery to Shipping and the next stage in the process. Control clerks distribute computer reports, II VOE terminals are located throughout the facility. A substantial amount of input into the computer network is done through VOEs and, as noted above, the operation of the entire facility is regulated and con- trolled through the computer network. The VOE terminals can also be transferred from one department to another 1484 AVON PRODUCTS store computer tapes, and handle cash balancing of accounts receivable. Computer operators operate the main computer unit but are not involved in pro- graming. Finally there is the department secretary who performs typing, stenography, and filing for the department manager. The Regional Director found that all of the em- ployees in Data Processing are office clericals and thus should be excluded from the unit. We dis- agree. As is the case with the employees in Repre- sentative Service, the employees in Data Process- ing are subject to the same terms and conditions of employment as are other employees at the facility. The record also reflects substantial interchange of employees with other departments. In addition, the employees in Data Processing have repeated daily work-related contact with employees from all other departments. With regard to these employees' job functions, the Data Processing Department constitutes the "hub" of the Employer's production process. Thus, not only do its employees serve as the second stage in the processing of orders as part of the Branch operation, but they also are an integral part of the Manufacturing operation which produces the fin- ished goods. In carrying out their jobs, Data Proc- essing employees have repeated, daily contact with other unit employees from throughout the facility. Thus, even more so than is the case with Repre- sentative Service employees, Data Processing em- ployees are directly "engaged in a single highly in- tegrated process, i.e., filling the customers' orders .... " Scholastic Magazines, 192 NLRB at 462. In view of the employees' common terms and condi- tions of employment, their repeated, daily contact with other unit employees, and their central role in the "order flow process," we find that employees in the following classifications in the Data Process- ing Department should be included in the produc- tion and maintenance unit: VOE operators; miscel- laneous keypunch operators; cashiers; attaching clerks; control clerks; and computer operators. The parties have agreed and we find, in agreement with the Regional Director, that the department secre- tary is an office clerical employee and, therefore, should be excluded from the unit. C. Shipping Department In the Shipping Department, the merchandise comprising an order is assembled for shipping ac- cording to the sequential picking lists prepared by Data Processing employees. The packaging process is done in an assembly line fashion utilizing both mechanical and manual assembly. Most of the employee classifications in shipping were included in the unit by the Regional Director. The parties agree that all employees included by the Regional Director should be included. Accord- ingly, we find that employees in the following clas- sifications are properly included in the unit: assem- blers; merchandise replenishers; binfiller; mechani- cal assembly clerks; maintenance mechanics; tray maker operators; order correction clerk-mechanical assembly; tray hauler: rearrangers; floaters; selec- tive checkers; administrative clerk; custodian; order router; corrugate handlers; packers; and selective checker/packing. The parties stipulated, the Regional Director found, and we agree that the line balance analyst is a managerial employee and, therefore, properly ex- cluded from the unit. The parties also agree and we find that the department secretary is an office clerical employee properly excluded from the unit. The Regional Director also found that the line balance clerk, mechanical assembly operator, and mechanical assembly clerk should be excluded from the unit. We disagree. The line balance clerk is responsible for balancing the workload at various shipping stations along each line. This is done through a review of each sales campaign to deter- mine where merchandise should be placed on the shipping floor so as to facilitate rapid and efficient filling of orders. She also performs some mainte- nance work. The Regional Director found that the duties of the line balance clerk align her interests more closely with management and office clericals than with other production and maintenance em- ployees. We find no basis in the record for finding the line balance clerk to be a managerial employ- ee.l2 Rather, she performs work directly related to the order-filling process and is thus engaged in pro- duction work. 1'3 The mechanical assembly operator uses a com- mand typewriter to program the computer to run the mechanical assembly process. As noted above, part of the assembly of orders is achieved mechani- cally, with the more popular items in a particular run being placed onto order trays by machine. She also keeps attendance records and assists the line balance clerk. There are two mechanical assembly clerks. One uses a command typewriter to operate the mechanical assembly unit programed by the mechanical assembly operator. She also picks up 12 See Ri:don ManuJaluring Company. Inc., 195 NL RB 579'. 581 (1972) i: As noted ahove. "c do find that the lile haljane analyst is a man- agerial employee The analyst determine, hov Ithe Shipping Department will accommodate different sales campaigns in conjunctioin with other de- partment managers The line halance clerk, 'hile exercising some judg- ment, simply seeks to implement any given plan ill such a manner that the workload at each slation is similar with respect to the size and hulk of each item to he placed in an order See Rar"ee Compau,,. 228 Nl RB 646 (1977) 1485 8I)FCISIONS () F NATIONAL IAB()R REI.ATI()NS O()ARD orders from Data Processing. The second mechani- cal assembly clerk matches the paperwork for a representative's order with the appropriate tray of merchandise. The Regional Director found both the mechani- cal assembly clerk and operator to be office cleri- cals because they operate computer terminals. He also found that, since the operator assisted the line balance clerk, her interests align more closely with management. We disagree. The mere fact that these employees operate typewriters does not render them office clericals. The operation of the command typewriters by these employees is an in- tegral part of the production process inasmuch as their work consists of the actual filling of orders through use of the mechanical order assembly unit or the manual matching of paperwork to order trays. As for the finding that the mechanical assem- bly operator's interests are aligned with manage- ment, we find no basis in the record for such a finding. As with the line balance clerk, the me- chanical assembly operator performs a routine re- petitive task and, although some independent judg- ment is exercised, it is done within the clear param- eters established by management employees. In ad- dition, each of the above-noted employees shares wages, hours, and working conditions with unit employees and has repeated daily contact with other unit employees. Accordingly, we find that the line balance clerk, the mechanical assembly operator, and the me- chanical assembly clerks also should be included in the unit. D. Transportation Department The Transportation Department constitutes the final step of order processing in the Branch oper- ation. This department is involved in shipping orders, prizes, advertising, sales forms, letters, and literature to the field representatives. The Regional Director excluded employees in several classifications in this department as office clericals because they "deal with the paper work required for, and generated by the movement of merchandise by rail or truck." On this basis, he ex- cluded the Branch and Manufacturing dispatchers who work at one side of the shipping dock. Dis- patchers call in trucks, give door assignments, tabu- late orders, cartons, and weights shipped each day, operate a computer with display unit and print device, type bills of lading, handle other miscella- neous paperwork, and dispatch trucks. The Region- al Director also excluded order service clerks who receive shipment volume figures from dispatchers and log that information for daily, monthly, and general campaign reports. Order service clerks also receive and approve freight bills, assign routings, maintain listings of cities, towns, and functions in the four-state service area and assist the lost order clerk. The lost order clerk, also excluded by the Re- gional Director, works with team members in Rep- resentative Service locating and retrieving lost orders, balancing "found orders" through the use of statistical and routing information. Also ex- cluded were the cost and tonnage clerk, who han- dles the payment, audit, and checking of freight bills; the transportation coordinator, who acts as an expediter of inbound ingredients, containers, and finished goods; the expediting clerk typist, an "out- bound" clerk who maintains bills of lading and pro- vides routing information; the transportation clerk, an "inbound" clerk who maintains receiving docu- ments, logs shipments, matches receiving docu- ments to freight bills, and assists the cost and ton- nage clerk; and the transportation correspondent, who records discrepancies and mishandlings of orders in conjunction with team members in Repre- sentative Service. We find that the Regional Director erred in ex- cluding employees in the above-noted classifica- tions. In our view, these employees are plant cleri- cals, integrally involved in the order flow process and engaged in work relating to the movement of goods within the facility as well as into and out of the facility. They also share common wages, hours, and working conditions with other unit employees with whom they have repeated daily contacts. Ac- cordingly, as plant clericals, the employees in the following classifications should also be included in the unit:14 dispatchers; order service clerks; lost order clerk; cost and tonnage clerk; transportation coordinator; expediting clerk typist; transportation clerk; and transportation correspondent. We agree with the Regional Director that em- ployees classified as dock loader, stacker/strapper, and scaler/labeler are production employees who should be included in the unit. The parties agree and we find that the department secretary in this department is an office clerical and should be ex- cluded from the unit. E. Merchandise Control Department The Merchandise Control Department is respon- sible for receiving and warehousing finished goods which are later sent to the Shipping Department, via conveyor belt or forklift, to be used in filling orders. The department also receives and stores damaged and returned goods while also supplying 14 See Sperry Pledmont Company, Divivion of Sperry Rand Corporation. 162 NLRHB 857 (1967); Sears. Roebuck & C(o. 222 NLRB 476 (1976) 1486 AVON PRODUCTS other Avon facilities with materials in case of ex- traordinary need. In agreement with the Regional Director, we find that employees in the following classifications are production, maintenance, or plant clerical em- ployees properly included in the unit: merchandise coordinators; stock control clerks; common stock clerks; transport order clerks; distribution utility persons; inventory counters; Raymond lift truck operators; warehouse utility persons; material han- dlers; receiving checkers; high lift truck operators; custodians; adjustment processor-manager ship- ment; adjuster processor adjustments; scalers; scaler material handlers; return goods processors; material suppliers; consolidators; carton clerks; and receiv- ing clerks. The Regional Director also found that terminal operators, the manager-shipment coordinator, the merchandise expediter, and the department secre- tary are office clerical employees who should be excluded from the unit. Terminal operators operate VOE terminals locat- ed in the department. These are the same type of VOE terminals utilized by the VOE operators in Data Processing which operators we have found should be included in the unit. The terminals in Merchandise Control interface with the warehouse computer locator system for retrieval and storage of merchandise. Terminal operators use the VOE terminals to place merchandise storage information into the computer network as well as to retrieve in- formation. For the same reasons we included VOE operators in Data Processing in the unit, we shall include the terminal operators. The manager-shipment coordinator prepares order sheets from the warehouse, calculates inventory in- formation, and provides information to the Inven- tory Cost and Planning Department.'s We find no meaningful distinction between the job function of employees in this classification and other employ- ees found to be plant clericals.' 6 Accordingly, this employee shall be included in the unit. The merchandise expediter works to assure that sufficient quantities of merchandise are available to meet the needs of the Shipping Department. We find that the merchandise expediter is an integral part of the order flow process, that the job func- tion is plant clerical in nature, and that there is no basis in the record for concluding that the mer- chandise expediter is an office clerical employee.' 7 's The Regional Director also found that the manager-shipment coor- dinator organizes sales meetings. There is no basis for this finding in the record i6 See Container Research Corporation. 188 NLRB 586 (1971). 1 We also note that terminal operators, the manager-shipment coordi- nator, and the merchandise expediter hase repeated daily contacts with other included employees in the Merchandise Control Department as well as included employees in other departments Accordingly, we find that the terminal operators, the manager-shipment coordinator, and the mer- chandise expediter should also be included in the unit.l' In agreement with the parties and the Re- gional Director, we find that the department secre- tary is an office clerical employee properly ex- cluded from the unit. F. Inventory, Cost, and Planning Department The Inventory, Cost, and Planning Department maintains the Employer's inventories, works on variations from standard costs, and produces con- solidated profit plans. Cost accounting clerks review losses on containers, ingredients, and labor while also handling rejected products and improper billings. Inventory clerks collect data facilitywide, collate the data, and submit it to Data Processing for entry into the computer network. The inven- tory clerks then verify the accuracy of the data. There are three inventory clerks with one each re- sponsible for containers, ingredients, and finished goods. The planning clerks collect data from all depart- ments and compile therefrom a facilities profit plan. An accounts payable clerk matches receipts against inventories. In the case of a discrepancy, she con- tacts employees in Material Handling or Transpor- tation. A perpetual inventory clerk works along with the physical counter in Merchandise Control com- paring the book inventory against physical inven- tory. The Regional Director found that employees in the above-discussed classifications are office cleri- cal employees, excludable from the unit. We dis- agree. Employees in each of the above classifica- tions share common wages, hours, and working conditions with all other employees included in the unit. In the course of pursuing their duties, they come into repeated daily contact with other unit employees. In addition, although their work does entail primarily paperwork, that is the case with a substantial portion of the employees we have in- cluded in the unit. Finally, the jobs performed by these employees, which involve costs, inventories, and profits, relate directly to the order flow proc- ess inasmuch as the data compiled provides a foun- dation for the manner in which the entire order filling process operates. We therefore find that these employees are plant clericals. Accordingly, we find that employees in the fol- lowing classifications should also be included in the unit: cost accounting clerks; inventory clerks; plan- '" See Industrial Supplies Companv, 237 NL RB 189 (1978): Container Research Corporation. iuprau. 1487 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ning clerks; accounts payable clerk; and perpetual inventory clerk. 9 The parties stipulated, the Regional Director found, and we agree that the inventory analyst and the accountant should be excluded from the unit as managerial employees. We also agree with the Re- gional Director, and the parties also agree, that the department secretary is an office clerical employee properly excluded from the unit. II. THE MANUFACTURING OPERATION A. Material Handling Department The Material Handling Department is responsi- ble for the flow of inbound merchandise to the fa- cility and the movement of merchandise to all de- partments within the facility. It also handles the movement of finished goods to other Avon facili- ties. Two computers are utilized for material han- dling. One is operated by employees in Data Proc- essing and the other by employees in Material Han- dling. There are also several computer terminals operated by employees in Material Handling. We agree with the Regional Director that em- ployees in the following classifications should be included in the unit: miscellaneous checker; check- ers-receiving/shipping; shipping checker; receiving checker; inventory checkers; inventory special checker; and utility. We also agree with the Re- gional Director, and the parties agree, that the de- partment secretaries are office clerical employees and should be excluded from the unit. Contrary to the Regional Director, we find that the terminal operators, warehouse control clerks, clerk manifest, and receiving clerks should also be included in the unit. The employees in each of these classifications share common wages, hours, and working conditions with other included em- ployees. In performing their job functions, they re- peatedly come into contact with other included employees on a daily basis. We therefore find that the Regional Director erred in finding that the em- ployees in the above-noted classifications lack a sufficient community of interest with other includ- ed employees to warrant their inclusion in the unit. We also find nothing in the record relating to these employees' specific job functions which re- quires that they be excluded. Thus, terminal opera- tors obtain computer data from unit load cards and place the data into another computer. They also place information into the computer located in Data Processing. This job function is substantially similar to that of the VOE operators in the Data Processing and Merchandise Control Departments zu See Container Research Corporation. supra: Risdon Manufacturing Company. Inc., 195 NLRB at 581. as well as the terminal operators in the Processing Department who are included in the unit. The warehouse control clerks handle discrepancies found between actual warehouse stock and the in- formation provided from Data Processing. In per- forming this job, the warehouse control clerk works in conjunction with the inventory checker and inventory special checker, which employees the Regional Director found, and we agree, should be included. The warehouse control clerk also works in conjunction with included employees in the Inventory, Cost and Planning Department. The clerk manifest works with the shipping checker (an included classification) preparing an "outbound manifest" which provides the code, quantity, and identification of an item. This job function is substantially similar not only to that of shipping checker but also to the job functions per- formed by included employees in the Production and Control and Transportation Departments. The receiving clerk performs a job virtually iden- tical to the included receiving checker. This job entails performing a "second check" on counts re- lating to the code, quantity, and identification of merchandise coming into the department. The final tallies are then forwarded to Data Processing where the information is processed and becomes the basis for inventory. Accordingly, we find that employees classified as terminal operators, warehouse control clerks, clerk manifest, and receiving clerks should be included in the unit.2 0 The Regional Director also found insufficient evidence in the record to determine whether the inventory control analyst should be included in the unit. He found, therefore, that the inventory con- trol analyst should be allowed to vote subject to challenge. The record reveals that the inventory control analyst handles items that do not meet Avon specifications, known as DMRs. This em- ployee controls identification of DMRs stored in the warehouse and as they are removed from the warehouse for packaging. This employee also shares common wages, hours, and working condi- tions with unit employees and has frequent daily contact with unit employees. We therefore find that the inventory control analyst shares a sufficient community of interest with other unit employees to warrant including employees in that classification in the unit. B. Processing Department The Processing Department is responsible for combining ingredients to produce the finished 2" See RayeR Company, 228 NLRB 646. 1488 AVON PRODUCTS products ordered by the field representatives. The Regional Director found that all employees in this department, with the exception of the department secretaries, should be included in the unit.2 ' We agree that the department secretaries are office clerical employees and that they should be ex- cluded from the unit. We also agree that employees in the following classifications should be included in the unit: processing clerk; processing schedul- er;2 2 hook-up sanitizer; perfume issuer; ingredient return locater; utility; bulk ingredient unloader; ma- terial handler; and processor. C. Packaging Department After the ingredients are processed in the Proc- essing Department, they are sent though pipes to the Packaging Department, where they are pack- aged in appropriate containers and placed in car- tons. The products are then delivered either to the warehouse for temporary storage or to the Branch operation for use in filling orders. We agree with the Regional Director that em- ployees in the following classifications should be included in the unit: central parts clerks; label room clerks; machine operators; coordinators; me- chanics coordinator; setup mechanics; service coor- dinator; line coordinators; packaging line coordina- tors; mechanics; assemblers; machine tenders; clo- seout checkers; container recorder; and sanitizers. We also agree with the Regional Director that the department manager's secretary, department secre- tary, and administrative clerks are office clerical employees who should be excluded from the unit. The Employer asserts that the administrative clerks should be included inasmuch as part of their job entails collection of first-run production samples and the delivery of these samples to all depart- ments. The Employer also notes that administrative clerks in the Shipping Department were included. The record reveals, however, that the adminis- trative clerks in Packaging spend only 20 percent of their time handling production samples. The re- maining 80 percent of their time is spent in work- ing with the department secretary, keeping attend- ance records and filing. Thus, the administrative clerks' primary function is performing office cleri- cal work in conjunction with the department secre- tary whom we have found to be an office clerical employee. As for the administrative clerks in Ship- ping who have been included, those employees also keep attendance records but they are primarily re- 21 In his unit description, the Regional Director inadvertently stated that administrative clerks in the Processing Department should be ex- cluded. The record reveals that no administrative clerks are employed in this department. 22 In its brief, the Employer incorrectly states that the Regional Direc- tor excluded the processing scheduler. sponsible for compiling campaign reports and pro- viding information from which other reports are compiled. Thus, their function relates more directly to the actual production process than does the function of the administrative clerks in Packaging. D. Quality Assurance Department The Quality Assurance Department is responsi- ble for testing the Employer's products for quality and accuracy at all stages of the manufacturing process. To do so, employees secure product sam- ples from the Processing and Packaging Depart- ments and take them to laboratories for testing. Other quality assurance inspections are conducted in the receiving and packaging areas. The Regional Director found and the parties now agree that the two department secretaries are office clerical employees who should be excluded. We agree. The parties also stipulated that the chemists are professional employees who should also be excluded. We also agree with the Regional Director that employees in the following classifications should be included in the unit: operation inspectors; QC status clerks; control lab clerk; senior microbiologi- cal technicians; microbiological technicians; senior technicians; custodian; auditors; and receiving in- spectors. E. Production Control Department The Production Control Department can be viewed as the first step in the manufacturing proc- ess because it is in this department that the manu- facturing process is scheduled and coordinated to assure that there is timely receipt of finished goods by the Branch operation. Thus, production sched- ules for the Processing and Packaging Departments are compiled in this department. This department works to insure timely receipt of components for processing and schedules the finished stock produc- tion run. These schedules are then provided to the warehouse and the Quality Assurance, Processing, and Packaging Departments so that the activities in all areas can be effectively coordinated. By stipulation of the parties the Regional Direc- tor excluded the department analyst, the stock dis- tributer, and the scheduler. We also agree that the department secretary should be excluded as an office clerical employee. The Regional Director also excluded expeditors, master records clerks, container records clerks, and manifest clerks. In his view, these employees are an integral part of the planning stage of the Employ- er's operations, which is a managerial function. Ac- cordingly, he found that these employees lacked a 1489 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sufficient community of interest to be included in the unit. The expeditors resolve contract balances with vendors and relay information to other employees in the department to assure that, when a produc- tion run is set, the necessary components are on hand and the necessary contracts are balanced. Master records clerks prepare lists of those pieces which constitute a finished goods package, and maintain the computer system in the area so that reports have the necessary component codes for production of the finished piece. Master records clerks compile forms which are forwarded to Data Processing and conduct followups to assure that finished goods specifications are produced in time. Container records clerks type shipping authoriza- tions for components being sent to other laborato- ries, verify contracts, answer the phone, and per- form some typing. Container records clerks also deliver daily schedules to various manufacturing departments and follow up on shipping authoriza- tions and deliveries. The manifest clerk operates a VOE terminal. This employee inputs the outbound manifest information into the computer network to assure that goods shipped to other branches are placed in proper quantities on the correct truck. This employee also provides the Material Handling Department with a hand-prepared manifest on a daily basis. We find that the Regional Director erred in equating the above employees with managerial em- ployees engaged in the planning stages of the Em- ployer's operation. The jobs performed by these employees do not entail planning. Rather, these employees are involved in implementing the plans constructed by properly excluded managerial em- ployees. The jobs they perform are routine and re- petitive and do not entail the exercise of independ- ent judgment exercised by managerial employees. In addition, they share common wages, hours, and working conditions with other unit employees. Therefore, based on the foregoing, we conclude that the expeditors, master records clerks, container records clerks, and manifest clerks should also be included in the unit.2 3 F. Engineering Department The Engineering Department, which is also re- ferred to as the Maintenance Department, services and maintains the entire facility, grounds, and equipment. The Engineering Department is com- prised of: maintenance coordinator; operating engi- neers; stationary engineers; groundskeepers; custo- dians; electricians; mechanics; storekeepers; cabinet 23 See Raytee Comnpany, 228 NLRB 646 (1977), Container Research Company, 188 NLRB 586 (1971). maker; pipefitters; carpenters; welders; lubricators; machinists; painters; planner scheduler; mainte- nance clerk; building and grounds utility employ- ees; boiler operators; sweeper/scrubber operators; preventive maintenance technician; carpenter/fire chief; electrician trainees; truck mechanic and util- ity maintenance persons. We agree with the Re- gional Director that employees in each of the above-noted classifications should be included in the unit. We also agree that the department secre- tary is an office clerical employee who should be excluded from the unit. G. Industrial Engineering and Purchasing Departments The Regional Director excluded all employees in the Industrial Engineering and Purchasing Depart- ments. The Petitioner does not contest that disposi- tion. In its request for review, the Employer does not challenge the findings of the Regional Director regarding these departments. We agree with the Regional Director that all employees in the Indus- trial Engineering and Purchasing Departments do not share a sufficient community of interest with other unit employees to warrant their being includ- ed in the unit. H. Miscellaneous In his decision, the Regional Director lists indi- viduals whom the parties stipulated to be supervi- sors within the meaning of Section 2(11) of the Act. We find nothing in the record which merits disturbing these findings. We do note, however, that we have found the auditor/trainers in the Rep- resentative Services Department to be supervisors. Accordingly, they should be excluded from the unit as well. In an erratum to his Decision, the Regional Di- rector notes that the parties are in agreement as to which "reserve employees" should be included in the unit. The number of "reserve employees" is un- known. In accordance with the parties' agreement, the Regional Director found that "reserve employ- ees" who have worked 4 or more hours per week in 9 out of 13 weeks preceding the issuance of his decision should be eligible to vote in the election. Because that formula is acceptable to the parties and is not inconsistent with the policies of the Act, we agree that the formula is appropriate for deter- mining voter eligibility for "reserve employees." The Regional Director also found that tour host- esses who are employed in the Branch operation should be excluded from the unit. The record re- veals that tour hostesses conduct tours of the Em- ployer's facility for visiting field representatives or other persons. These tours are conducted only sev- 1490 AVON PRODUCTS eral months in each year. In addition, the employ- ees who act as tour hostesses also hold regular jobs at the facility on a full-time basis. These employees act as tour hostesses on a rotating basis, conducting tours 4 to 6 hours per day, 2 to 3 days each week during the tour months. We agree with the Region- al Director that any employee employed only as a tour hostess should be excluded from the unit. Those employees, however, who hold regular full- time positions in addition to their tour hostess duties should have their status in the unit deter- mined by whether or not their full-time position has been included in the unit found appropriate herein. Unit Description The following employees of the Employer con- stitute a unit appropriate for collective-bargaining purposes within the meaning of Section 9(b) of the Act: All full-time and regular part-time produc- tion and maintenance employees employed at the Employer's Springdale, Ohio, operations including all employees employed in the repre- sentative service department, data processing department, shipping department, transporta- tion department, merchandise control depart- ment, inventory, cost, and planning depart- ment, material handling department, process- ing department, packaging department, quality assurance department, production control de- partment, and engineering department; but ex- cluding all office clerical employees; the secre- tarial clerk, auditor/trainers, office supply clerk, and each sales clerk in the representative service department; the department secretary in the data processing department; the line bal- ance analyst and department secretary in the shipping department; the department secretary in the transportation department; the depart- ment secretary in the merchandise control de- partment; the inventory analyst, accountant, and department secretary in the inventory, cost, and planning department; the department secretary in the material handling department; the department secretary in the processing de- partment; the department manager's secretary, department secretary, and administrative clerks in the packaging department; the department secretaries and chemists in the quality assur- ance department; the department analyst, stock distributer, scheduler, and department secre- tary in the production control department; the department secretary in the engineering de- partment; all employees in the industrial engi- neering and purchasing departments; all tour hostesses not otherwise employed in positions included in the unit; and all guards, profession- al employees, and supervisors as defined in the Act. As noted at the outset of this Decision, an elec- tion has already been conducted, with employees employed in classifications that were subject to dis- pute being allowed to cast challenged ballots. Pur- suant to the instant Decision on Review and Direc- tion, all challenges to the ballots of employees we have found should be included in the unit are hereby overruled. The challenges to the ballots of employees we have found should not be included in the unit are hereby sustained. Accordingly, we shall direct the Regional Director to open and count the ballots cast by all employees of the Em- ployer found to be properly included in the unit, and to issue a tally of ballots. DIRECTION It is hereby directed that the Regional Director for Region 9 shall, pursuant to the National Labor Relations Board Rules and Regulations, Series 8, as amended, within 10 days from the date of this De- cision on Review and Direction, open and count the valid ballots cast in the election held on Janu- ary 3, 1980, and prepare and cause to be served on the parties a tally of ballots in accordance with Section 102.69 of the Board's Rules and Regula- tions, Series 8, as amended, which shall thereafter be applicable to the further processing of this matter. ' U.S. Government Printing Office: 190--341-554/6 1491