Elliot Precision Block Co.

National Labor Relations Board - Board Decisions

Jun 2, 1975

218 N.L.R.B. 141 (N.L.R.B. 1975)

ELLIOTT PRECISION BLOCK CO. 141
Elliott Precision Block Co. and General Truck
Drivers, Warehousemen & Helpers Union Local
467, International Brotherhood . of Teamsters,
Chauffeurs, Warehousemen & Helpers of America,
Petitioner. Case 31-RC-2895
June 2, 1975
DECISION ON REVIEW AND
DIRECTION OF ELECTION
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND PENELLO
On September 20, 1974, the Regional Director for
Region 31 issued a Decision and Order in the above-
entitled proceeding in which he rejected as inappro-
priate the Petitioner's request for a residual unit of
the Employer's currently unrepresented employees.
Thereafter, in accordance with Section 102.67 of the
National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, the Petitioner filed a
timely request for review of the Regional Director's
decision on the grounds that in failing to find a
residual unit to be appropriate, he made findings of
fact which are clearly erroneous and departed from
officially reported Board precedent.
By telegraphic order dated November 14, 1974, the
request for review was granted.
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 with respect to the issues under review and
finds, contrary to the Regional Director, that a
question affecting commerce exists concerning the
representation of certain employees of the Employer
within the meaning of Sections 9(c)(1) and 2(6) and
(7) of the Act, for the following reasons:
The Employer is engaged in the manufacture and
sale of masonry and concrete blocks at its San
Bernardino, California, facility. The Petitioner now
represents the Employer's four truckdrivers, and Hod
Carriers, Construction, Production and Maintenance
Laborers, Local 783, AFL-CIO, referred to herein as
the Hod Carriers, represents eight laborers employed
in the Employer's manufacturing plant. As indicated,
the Petitioner requested a separate residual unit of
seven unrepresented employees. The Regional Direc-
tor concluded that no residual unit was appropriate
on the basis of his finding that, of the unrepresented
employees, Halston, vice president of the Employer,
and Hiepler, his assistant, even assuming they are not
supervisors, are managerial employees; that Tatum, a
salaried bookkeeper working in the Employer's front
office, is an office clerical employee; that Fred
218 NLRB No. 18
Elliott, Jr., son of the sole owner of the Employer,
enjoys a special status which allies him with
management; that Alsip, an outside salesman, is no
longer employed by the Employer; and that Monk
and Shimke, who he found, contrary to the Employ-
er, are not supervisors as defined in the Act, are
closely allied in interest with the separately repre-
sented laborers. The Petitioner contends, in effect,
that, as the Hod Carriers does not seek to add them
to its existing unit, Monk and Shimke, together with
Halston, Hiepler, and Tatum, constitute an appropri-
ate residual unit. It contends the Regional Director
erred in finding Halston and Hiepler to be manageri-
al employees, and that Tatum, if not included in the
unit, would be the sole unrepresented employee.
The Employer's operation is relatively small,
consisting of a production area, a yard used for
loading and storage, and an office, located over the
production floor, where the Employer's records are
kept and counter sales ' are transacted. The laborers
perform various functions in the production process,
using two machines to manufacture concrete blocks
of different sizes, shapes, and colors, according to the
specifications of the building contractors who com-
prise the Employer's major customers. Normally,
each machine is manned by a crew of three or four
men. Monk and Shimke are senior, salaried employ-
ees who spend nearly all of their working time on the
production floor overseeing and assisting in the
production process. When the Employer receives an
order from a customer, it is written up in the office
and sent to the production area via Monk or his
assistant, Shimke. Pursuant to these work orders,
Monk or Shimke instructs the laborers on what type
of block is to be produced.
As found by the Regional Director, Halston and
Hiepler, his assistant, spend much of their time
working in the office area performing such tasks as
receiving and writing up telephone orders, giving
price estimates to customers, arranging delivery and
pickup dates, preparing checks for the signature of
the Employer's president, Fred Elliott, Sr., insuring
an adequate supply of raw materials, handling cash
receipts and invoicing, and generally coordinating
the manufacturing and sales aspects of the business
through Monk and Shinike.
Halston has the title of vice president and is in
charge of all operations. The record establishes that
Fred Elliott, Sr., is absent from the plant at least a
portion of every day and relies on Halston to
implement his policies in all aspects of the operation
and to handle any situation which may arise . Halston
has the power, although he has never exercised it, to
discharge and discipline employees. Elliott testified
that Halston can send home any employee who
reports for work in an unfit condition. Halston has,
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on occasions when there was a lack of work,
instructed employees not to report to work on the
following day.
Hiepler has the same authority as Halston in the
latter's absence. Principally, Hiepler substitutes for
Halston during his annual 3-week vacation. Hiepler
and. Halston alternate Saturday work. On, that day
Elliott and either Halston or Hiepler are engaged
almost wholly in handling over-the-counter sales, as
retail customer traffic is usually then heaviest. Also
working on Saturdays is a yardman who assists in
loading customers' orders, and a few other employees
who do general maintenance work, apparently with
little or no supervision.'
Tatum also works in the office where he performs
bookkeeping and other office clerical functions
under the immediate supervision of Elliott. He is
salaried and receives the same benefits as the other
salaried personnel.
Upon the foregoing, as Monk and Shimke have
been found to be nonsupervisory leadmen and to
share a close community of interest with the laborers,
they may, contrary to the Regional Director, be
represented by the Petitioner as part of a residual
unit.2 As to Halston and Hiepler, we are unable to
agree that they are managerial employees. So far as
the record shows, they merely implement the
Employer's clearly established policies .3 However,
we fmd that Halston is a supervisor on the basis of
the facts set forth above which indicate that he
responsibly directs production employees and has
other indicia of supervisory authority over them. For
this reason, he is excluded from the residual unit
which we find appropriate herein. As, in our opinion,
Hiepler substitutes for Halston only sporadically and
his alternate Saturday work does not require the
exercise of supervisory authority, we fmd that
Hiepler is not a supervisor. Further, in view of
Hiepler's frequent contacts with other employees in
the Employer's relatively small establishment, we
fmd that he shares a sufficient community of interest
with them to warrant his inclusion in the residual
unit. Finally, we shall include Tatum as well,
because, in our view, his interests too are allied with
those of the other employees of the Employer.
Moreover, if he were excluded, he might become the
only unrepresented employee of the Employer and
thus be denied the opportunity to be represented in
collective bargaining.4
Accordingly, we conclude that Monk, Shimke,
Hiepler, and Tatum constitute a residual unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act, and we
shall direct an election among them.
[Direction of Election and Excelsior footnote
omitted from publication.]
i Production work is performed by laborers on Saturdays only on an "as- 3 See American Radiator & Standard Sanitary Corporation , Pacific Order
needed" basis. ' Handling Division, 119 NLRB 1715 (1958).
2 Complete Auto Transit, Inc., 214 NLRB No. 45 (1974). 4 Victor Industries Corporation ofCaliforniq 215 NLRB No. 7 (1974).