Dobbs-Life Savers, Inc.

National Labor Relations Board - Board Decisions

Apr 12, 1974

210 N.L.R.B. 51 (N.L.R.B. 1974)

DOBBS-LIFE SAVERS, INC. 51
Dobbs-Life Savers, Inc. and Truck Drivers , Chauf-
feurs and Helpers Local Union No. 100, an
affiliate of the international Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Help-
ers of America, Petitioner. Case 9-RC-10195
April 12, 1974
DECISION ON REVIEW AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
KENNEDY AND PENELLO
On August 27, 1973, the Acting Regional Director
for Region 9 issued his Decision and Direction of
Election in the above-entitled proceeding in which he
found appropriate a unit of food transporters.
Thereafter, in accordance with Section 102.67 of the
National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, the Employer filed a
timely request for review, contending that the Acting
Regional Director has, inter alia, erred in failing to
find only an overall unit to be appropriate. The
Petitioner filed opposition. By telegraphic order
dated October 2, 1973, the National Labor Relations
Board granted the request for review and stayed the
election . Subsequently the Petitioner filed a timely
brief on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case, including the brief on review, and hereby makes
the following findings:
The Employer operates an airline catering kitchen
at the Cincinnati Airport at Erlanger, Kentucky,
where it employs approximately 22 employees. The
Petitioner seeks a unit composed of seven of those
employees, who are engaged in loading and trans-
porting food from the kitchen to waiting aircraft. The
1 Case 9-RC-7474, in winch the Board denied the Employer' s request
for review of the Regional Director 's decision.
Employer contends that only an overall unit is
appropriate . In a 1968 proceeding , the same parties
litigated the same unit issue with respect to the
instant operation, and the Regional Director found
there, as was found here, that the requested unit of
food transport employees was appropriate.' The
Employer contends that substantial changes have
been made in its operations since 1968 , and that the
1968 decision is accordingly of no precedential Glue.
We find merit in the Employer' s contentions.
The Employer asserts, and the record demon-
strates, that since 1968 , by reason of the loss of
several major airline accounts , its employee comple-
ment has decreased from about 55 to 22; that the
food transport employees no longer are separately
supervised at all times, but instead share supervision
with the kitchen employees during substantial por-
tions of their days; and that the food transport
employees have been assigned, and perform, a
variety of additional new duties including washing
food trays, mopping floors, and removing garbage.
In view of the facts that the operation is now
substantially reduced and that the requested employ-
ees now share supervision and functions with the
kitchen employees to a greater extent, we cannot
agree with the Regional Director that the food
transport employees remain a homogeneous group
with interests separate and distinct from those of the
Employer's other employees.2 Accordingly, as there
is now no basis for finding that the food transport
employees alone constitute an appropriate unit and
as the Petitioner does not seek to represent the
employees in an overall unit, we shall dismiss the
petition.
ORDER
It is hereby ordered that the petition be, and it
hereby is, dismissed.
T Cf. Marriott In-Flute Services , A Division of Marriott Corporation, 209
NLRB No. 74.
210 NLRB No. 7