Conger Laundry

National Labor Relations Board - Board DecisionsMar 8, 1946

66 N.L.R.B. 487 (N.L.R.B. 1946)

â€¢ In the Matter Of CONGER BROTHERS , INCORPORATED , d/b/a CONGER LAUNDRY and LAUNDRY WORKERS INTERNATIONAL UNION, A. F. of L. Case No. 5-R-2168.-Decided March 8, 1946 Mr. Louis A. Spiess, of Washington, D. C., for the Company. Mrs. Mildred C. Lucas, of Washington, D. C., for the Union. Mr. Arnold Ordman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Laundry Workers International Union, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Conger Brothers, Incorporated, d/b/a Conger Laundry, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. The hearing was held at Washington, D. C., on December 26, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Conger Brothers, Incorporated, d/b/a Conger Laundry, is a Dis- trict of Columbia corporation maintaining its sole plant and place 1 At the hearing the parties stipulated that the correct name of the Company is as herein set forth. 66 N. L. R. B., No. 61. 487 488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of business in Washington, D. C., where it is engaged in the business of laundering and dry cleaning. During the year 1945, its total vol- ume of business was approximately $170,000, of which approximated $2,400 represents business which it obtained from points outside the District of Columbia. During this same period the Company bought raw materials such as soaps, alkalis, boxes, and coal, valued at ap- proximately $20,000, of which 14 percent was purchased from points outside the District of Columbia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Laundry Workers International Union is a labor organization af- filiated with the American Federation of Labor, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union, after an election ordered and conducted by the Board, has been certified by the Board in an appropriate unit. A statement of Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate .2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union is seeking a production and maintenance unit, includ- ing wholesale truck drivers and watchmen, but excluding retail truck drivers, the claim clerk, the fireman, the mechanic, all office clerical employees, and all supervisory employees. The Company contends that the retail truck drivers, the claim clerk, the fireman, the me- chanic, and the store employees should be included in the appropriate unit. The record reveals that the retail truck drivers work different hours from the regular production employees and the wholesale truck driv- 2 The Field Examiner reported that the Union submitted 28 authorizations bearing the names of 22 employees listed on the Company 's pay roll of November 17, 1945, and that the cardg are dated September and October 1945 There are approximately 50 employees in the appropriate unit. CONGER LAUNDRY 489 ers. Retail truck drivers have definite routes on which they make deliveries and collections, and solicit new business. Although the wholesale truck drivers do, on occasion, make some collections, the record discloses that it is normal procedure for the customers of the Company to pay the account which is serviced by the wholesale truck drivers directly to the Company by monthly checks. The wholesale truck drivers are on salary; the retail truck drivers are dependent largely on commissions. It appears that retail truck drivers are essentially salesmen, whereas the wholesale truck drivers perform functions more closely related to the productive process. We shall exclude the retail truck drivers from the unit hereinafter found appropriate .3 The record discloses the wages of the claim clerk are somewhat higher than those of the average production employee. But about 80 percent of her time is spent in the plant looking for lost articles.4 The Union, although requesting her exclusion, conceded that she "could" be included. We shall include her in the unit hereinafter found appropriate. It is clear from the record that the Fireman and the mechanic have no supervisory authority and that they are ordinary maintenance employees. Therefore, we shall include them in the unit hereinafter found appropriate. The Company has three store employees who are sometimes referred to as bundle store employees. Their rate of pay is from 25 to 40 percent higher than that of the average production employee; they work different hours from the regular employees and only come in con- tact with them on rare occasions. Their job is that of waiting on the customers who come to the plant to leave or pick up their laundry. They sort out the laundry, make out tickets, handle the cash transac- tions, and carry out all activities incidental thereto. We have previ- ously excluded this type of employee from units similar to that sought by the Union.5 Consequently, we shall exclude the store employees from the unit hereinafter found appropriate. We find that all production and maintenance employees of the Company, including the wholesale truck drivers, the watchmen, the claim clerk, the fireman, and the mechanic, but excluding the retail truck drivers, the store employees, office clerical employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for Matter of Liberty Laundry Company, Inc., 62 N. L R B 1235 The balance of her time is spent in the office checking records on these lost articles. Matter of Blue Ribbon Laundry, 64 N, L. It. B , 645 ; Matter of Elite Laundry Co., 53 N. L, It. B. 1212. 490 DECISIONS OF NATIONAL LABOR RELATIONS I30ARD the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 9, of National Rela- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Conger Brothers, Incorporated , d/b/a Conger Laundry, Washington, D. C., an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direc- tion and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regu- lations , among employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the election , to determine whether or not they desire to be represented by Laundry Workers International Union, A. F. of L., for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.