Gustave Fischer, Inc.

National Labor Relations Board - Board Decisions

Jul 2, 1981

256 N.L.R.B. 1069 (N.L.R.B. 1981)

GUSTAVE FISHER, INC. 1069
Gustave Fischer, Inc.' and Teamsters Local 559, af-
filiated with the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Petitioner. Case 39-RC-3
July 2, 1981
DECISION ON REVIEW, ORDER, AND
DIRECTION OF ELECTION
On February 6, 1980, the Acting Regional Direc-
tor for Region 1, issued a Decision and Direction
of Election in the above-entitled proceeding, in
which he directed an election to be held in a unit
of the Employer's full- and part-time warehouse
employees, including drivers, helpers, order pick-
ers, receivers, wrappers, setup personnel, and serv-
ice personnel. Thereafter, in accordance with Sec-
tion 102.67 of the National Labor Relations Board
Rules and Regulations, Series 8, as amended, the
Employer filed a timely request for review of the
Acting Regional Director's decision, contending,
inter alia, that a unit of all the Employer's employ-
ees is the only appropriate unit.
The National Labor Relations Board, by tele-
graphic order dated March 5, 1980, granted the
Employer's request for review insofar as it related
to the issue of unit scope.2 Thereafter, the Employ-
er filed a brief on review.
The Board has considered the entire record in
this case and hereby makes the following findings:
The Employer, a Connecticut corporation with
its place of business located at 490 New Park
Avenue, West Hartford, Connecticut, is engaged in
the retail sale and service of office furniture and
office supplies. The Petitioner seeks to represent a
unit limited to full-time and regular part-time ware-
house employees at the Employer's New Park
Avenue facility. There is no evidence of any histo-
ry of collective bargaining with respect to the Em-
ployer's employees.
For the reasons set forth below, and based on
the record as a whole, we find merit in the Em-
ployer's contention that the petitioned-for unit is
not appropriate and that a unit of all the Employ-
er's employees is the only appropriate unit herein.
Before embarking upon a full analysis of the
facts peculiar to the operations of this Employer,
we think it appropriate to restate the concept un-
derlying the congressional mandate that we deter-
mine "the unit appropriate for collective bargain-
ing." 3
The Employer's name appears as amended at the hearing
2 We take administrative notice of the fact that an election was con-
ducted in this proceeding on March 7, 1980, and that the ballots have
been impounded pending our Decision on Reviess
I Sec 9(b) of the Act
256 NLRB No. 130
In determining the appropriate unit, the Board
delineates the grouping of employees within
which freedom of choice may be given collec-
tive expression. At the same time it creates the
context within which the process of collective
bargaining must function. Because the scope of
the unit is basic to and permeates the whole of
the collective-bargaining relationship, each
unit determination, in order to further effective
expression of the statutory purposes, must
have a direct relevancy to the circumstances
within which collective bargaining is to take
place.3 For, if the unit determination fails to
relate to the factual situation with which the
parties must deal, efficient and stable collective
bargaining is undermined rather than fostered.
a See American Cyanamid Company. 131 NLRB 909 (1961).4
Thus, in determining the unit herein, an analysis
of the various classifications of employees em-
ployed by this Employer is incomplete without an
examination of how they interact so as to carry out
the Employer's business purpose: the retailing of
office supplies and furniture. 5
In addition to the warehouse employees sought
by the Petitioner, 6 the Employer seeks to include
the following employee classifications in a "wall-
to-wall" unit: clerical employees, designers, expe-
diters, inside order takers, leadmen, maintenance
personnel, outside order takers/salesmen, retail
store personnel, and switchboard operator. 7 The
unit sought by the Petitioner numbers approximate-
ly 26 employees, whereas the larger unit which is
sought by the Employer would number approxi-
mately 64 employees.
The Employer's facility, its only location, con-
sists of a portion of each of two floors, which it
leases from the owner of the 490 New Park
Avenue building. The remainder of the building is
occupied by other tenants. The first floor of the
Employer's facility houses the administrative of-
fices and the retail stationery store, as well as stor-
4 Kalamazoo Paper Box Corporation. 136 NLRB 134. 137 (1962)
E The Board has long held that "[T]he manner in hich a particular
employer has organized his plant and utilizes the skills of his labor force
has a direct hearing on the community of interest among various groups
of employees in the plant and is thus an important consideration in any
unit delermination" International Paper Company (Southern KraJ Divi-
vionl) 96 NIRB 295. 298. fn 7 (1951).
6 The specific employee classifications sought by the Petitioner are
drivers, helpers. order pickers. receivers. wrappers. setup personnel. and
sersicc personnel
I ike the Petitioner, the Employer seeks to include both full-and part-
time emplosees. albeit in the larger unit. The parties stipulated that the
following individuals are supervisors as defined in the Act and should he
excluded from an 5 unit found appropriate Russell Brault, comptroller;
Marc. Richard aind Harold Stahl. officers: Robert Holland. operations
manager: Jhl ()dell. vice president in charge f supply: and Eugene
Berke, office malnager
GUSTAVE FISHER, INC.
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
age areas A and B, and the warehouse. The second
floor, which is reached by stairway from the first
floor, consists of the retail furniture showroom and
a room used by the Employer's designers.8
Storage area A and the warehouse area, located
behind and adjacent to the retail stationery store,
houses the Employer's shipping and receiving func-
tions, including loading and unloading of trucks,
furniture setup and repair, furniture and office
supply storage,9 expediting, and a section for spe-
cial accounts. °0 The front of the retail stationery
store opens onto a parking area from which the
general public has direct access to the Employer's
facility. The administrative office area, found to the
left of the retail stationery store, houses the
inside' and outside order takers, clerical employ-
ees, and the switch-board operator, as well as the
executive offices. The second floor, which houses
the retail furniture showroom, is staffed by the out-
side order takers as well as the designers, who are
responsible for furniture sales, office design, and
maintenance of the showroom. 1 3
As noted supra, the warehouse employees in-
clude drivers, whose primary responsibility is the
pickup and delivery of goods; 4 receivers, who
load and unload trucks along with the five help-
ers;'5 the four setup personnel whose primary re-
sponsibility is the assembling of furniture-either at
the warehouse or at the customer's facility;' 6 serv-
ice personnel, who are concerned with repair of
damaged furniture; 17 pickers, who fill customer
" A pictorial representation of the Employer's premises based on the
Emp. Exh. 2, and the record as a whole is attached as Appendix A.
I Most of the "good" furniture is stored in storage area B where there
is less activity and therefore less chance of damage.
'O The storage-warehouse area is staffed by employees whose classifi-
cations appear in fn. 6, supra.
" Emp. Exh. 2 and fn. 8, supra, reflect that the inside order takers are
located in a room that opens onto both the administrative offices and the
storage-warehouse area. They are, in addition, separated from the retail
store by a low partition.
12 The outside order takers are also referred to as salesmen.
i3 It should be noted that the administrative offices also serve as a
demonstration area to "show of' the design capability of the Employer's
furniture.
i" In addition to the delivery of goods, the six drivers may also pick
up written orders from various customers and, upon their return. route
the order directly to the special accounts person, or to an inside or out-
side order taker. It should also be noted that in an emergency, employees
other than drivers will make a delivery, although most of the furniture
and stationery is delivered by the drivers. The Employer maintains five
trucks, one van, and five cars (including a station wagon).
15 In addition to the job of unloading, the three receivers are responsi-
ble for sorting the incoming shipments so that the goods are routed to the
correct area, where they either are stored or immediately transshipped to
fill a customer order.
16 It should be noted that the complicated setup jobs are often per-
formed by the service man; or, if the outside order taker/salesman is fa-
miliar with particular product, he will do the setup work. On a few occa-
sions, a manufacturer will send one of its own employees to do a particu-
lar setup job.
17 At the hearing, the parties stipulated that the serviceman should be
included in any unit found appropriate.
orders from the warehouse and storage areas;' 8
and wrappers, who prepare goods for shipment. 9
The record reflects, however, that the division of
labor is not "hard and fast." Thus, depending upon
the size of a particular shipment being received,
classifications in addition to the receivers will
unload and help with the accompanying paper-
work. 20 There are, in addition, shipments known
as "steel" shipments, which include metal desks,
filing cabinets, shelving, chairs, etc., and which are
shipped to the Employer when the total weight
reaches 12,000 pounds, regardless of the order that
the Employer has on hand. Such shipments occur
at approximately 5-day intervals and are unloaded
by all available personnel. In addition, because the
"steel" shipments are not keyed to customer
orders, any particular shipment almost never con-
tains a complete order for any particular customer.
The receiver, therefore, picks up invoices from the
administrative offices, sorts the "steel" by order
number, and then reports to the expediter located
in the storeroom area. The expediter then checks
with the particular customer to see if it will accept
a partial shipment and relays the response back to
the receiver. It should be noted that most ship-
ments are received through the warehouse, al-
though art objects are delivered through the "front
door," and the more expensive items such as calcu-
lators and "Cross" pens are delivered through the
retail store.
There are two individuals, Henry Cutler and Mi-
chael Scirocco, whom the Employer classifies as
warehouse leadmen in furniture and stationery, re-
spectively. The Petitioner, contrary to the Employ-
er, contends that these individuals are supervisors
and that they should therefore be excluded from
the unit. The record reveals that without the ap-
proval of higher management, both Cutler and
Scirocco have interviewed and hired employees to
work in the warehouse and that Scirocco, on his
own initiative, has issued written warnings to em-
ployees. In addition, both Cutler and Scirocco
have effectively recommended the discharge or dis-
cipline of warehouse employees. In agreement with
the Acting Regional Director, we hold that the
two leadmen possess and exercise at least some of
in In addition to picking orders. the four pickers often go to the ad-
ministrative offices to pick up orders from the inside order takers, outside
order taker/salesmnien or managerial personnel They also notify Odell or
Holland (who do most of the buying) if the Employer is "low" on any of
the goods stored in the warehouse
TI'here are two wrapping areas: warehouse and special accounts. The
three wrappers prepare goods for shipment by truck, UPS, and Parcel
Post The record reflects that given the exigencies of any particular situa-
tion any and all employees are called upon to wrap.
20 This would include, for example drivers, helpers, setup personal,
pickers, and whoever might he aailable including administrative person-
nel ad sales eiployes
GUSTAVE FISHER, INC 1071
the indicia of supervisory authority, and that they
are supervisors within the meaning of the Act.
They are therefore excluded from the unit found
appropriate herein.
The area betwen the warehouse and storage area
A is designated as the special accounts area. It is
staffed by three of the pickers and one of the wrap-
pers, although the inside order takers have jurisdic-
tion here as well. Special accounts fills a warehous-
ing need for some of the Employer's customers
who are not able or willing to maintain their own
stock. Thus, in some cases, the merchandise stored
in special accounts is already owned by the cus-
tomer; in addition to other merchandise which is
more or less constantly supplied to other custom-
ers, and which is stored and shipped from special
accounts on an "as needed" basis. Special accounts
maintains its own wrapping counter and billing
system. One of the pickers, Poulin, might come to
the administrative area to consult with the appro-
priate clerical about billing or to otherwise clarify
a particular order. Thus, Poulin would consult
with inside order takers, outside order
takers/salesmen, or any of the corporate officers,
some of whom service certain special accounts.
The record reflects that Poulin could be in the ad-
ministrative area as many as eight times during any
working day.
The two expediters, who are assisted by two
clerical employees, are located in the storeroom
area. These employees are basically "trouble-
shooters," who field inquiries from the warehouse
and other staff, as well as from the Employer's cus-
tomers. The inquiries might relate to the status of a
particular order or the location of a particular
piece of merchandise. The expeditors also make up
service and repair orders phoned in by customers
and respond to any customer complaints. In addi-
tion, they coordinate the timing of shipments.
Thus, the expediters are in close and constant com-
munication with all areas and facets of the Employ-
er's operation.
The five inside order takers, who are located be-
tween the retail store and the administrative area,
take phone and mail orders for office supplies and
are also involved with the special accounts section,
for which they take calls requesting merchandise,
edit request forms, and pick stock if the pickers are
busy. They routinely fill in at the retail store
during lunch and, because they have a view of the
store by virtue of the low partition between them
and the store, they can observe when the store is
busy and they therefore assist the retail store per-
sonnel on an "as needed" basis. The record reflects
that the inside order takers spend perhaps 30 to 35
percent of their time processing mail or phone
orders, 30 percent of their time picking orders, and
30 to 35 percent of their time involved with special
accounts.
The retail store personnel consists of one full-
time and one part-time (22 hours/week) employee.
They are responsible for sales from the store and
for keeping the store fully stocked. The stocking
responsibility requires their presence in the ware-
house-storage area where they pick their stock. As
noted, supra, the inside order takers fill in during
lunch on an "as needed" basis. If a customer de-
sires an item not displayed in the store, then the
store employees either bring it from the warehouse,
or else bring the customer directly to the ware-
house to view the merchandise.
The 10 outside order takers, hereinafter referred
to as salesmen, sell stationery and furniture. They
perform their jobs by telephone and visits to cus-
tomers and they are also responsible on a rotating
basis (approximately 2 days per month per person)
for staffing the second floor furniture showroom.
They are assisted in the showroom as needed by
the three designers and, on occasion, by an experi-
enced warehouse employee (not named in the
record), or Marc Stahl, one of the Employer's offi-
cers.21 The salesmen are often in the special ac-
counts area where the Employer maintains stock
for any of their customers that need the service
provided by that section, and the record reflects
that one of the salesman regularly "picks" orders
for his own accounts and delivers the orders him-
self. In addition, the evidence showed that all sales-
men pick at one time or another, either because
there is a rush order from one of their accounts, or
merely if they have the time available; and that
they spend some of their time stocking shelves in
the special accounts area.
The designers, two full time and one part time,
are located on the second floor adjacent to the fur-
niture showroom. As noted, supra, they assist the
salemen in staffing the furniture showroom. They
also accompany salesmen on visits to customers
where their design expertise might be of assistance.
They perform their design duties both at the cus-
tomer's facility and in their own area on the Em-
ployer's premises.
The part-time maintenance, or cleaning man,
works from 7 a.m. until noon, 5 days per week. He
is responsible for cleaning the administrative of-
fices. The record reflects that when the cleaning
man is absent from work warehouse employees
perform his tasks.
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Ihe dniirln strtil\ office I ,ho ;, parlilulr fulriture "grolpillg;" i ler I%
it uuul l to hrinlg Lt ctLIston lr irectl to the archlT I it rurlli-
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GUSTAVE FISHER, INC
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer employs 12 clerical employees,
including clerks, typists, a bookkeeper, a file clerk,
and a switchboard operator. Caroline Dolan, who
performs some typing duties for Marc Stahl, one of
the Employer's officers, spends the major part of
her day doing the typing, calculating, and filing as-
sociated with accounts receivable. She also extends
shipper invoices prepared by the inside order
takers. Like Dolan, Helen Anderson also performs
clerical duties associated with accounts receivable.
The accounts payable clerk is Sue Ferguson, who
deals with the "receiving" documents that reflect
goods delivered to the Employer. It is Ferguson
who checks the vender bills against the receiving
documents so as to determine whether the Employ-
er has actually received the merchandise for which
it is paying. If there are discrepancies, the receiver
comes to the administrative area to help resolve
any difficulty. There are also occasions when the
warehouse employees receive merchandise for
which there is no paperwork. In that situation, the
receiver would have to check with the clerk in the
administrative area who typed the purchase order,
in addition to the expediter, who would contact the
vendor who had delivered the unaccounted-for
merchandise. This type of interplay between the
warehouse and office also occurs with respect to
special accounts-furniture or stationery. Deena
Levine, another clerical employee, performs all the
calculating work with respect to special accounts,
and, if she uncovers any discrepancies, checks with
the inside order takers, who oversee this area. The
Employer employs four individuals informally clas-
sified as typists. Two employees, Sue Anderson
and Toni Santoro, are full time and work with fur-
niture and stationery accounts, respectively. Bever-
ly Crockett and Theresa St. Jean are employed on
a part-time basis. All of these individuals type pur-
chase orders and extend invoices. 2 2 Emily Odell,
also employed as a clerical, types purchase orders.
The remaining clerical employees are Nancy Lind-
gren, a file clerk; Patricia McCabe, bookkeeping
machine operator; and the switchboard operator,
not identified by name. In addition to her tele-
phone duties, at which she spends 40 to 50 percent
of her time, the switchboard operator proofreads
typed invoices which reflect customer orders taken
in longhand, and routes them to their destination;
she also extends invoices on special accounts. Patri-
cia McCabe records vender invoices for all ac-
counts payable and writes the checks with which
the vendors are paid. She also applies all customer
invoices and payments against the Employer's ac-
22 The record reflects that one of the clericals assists the expediters in
keeping the furniture inventory records, but does not reflect the name of
the particular clerical involved.
counts receivable. The record reflects that Nancy
Lindgren, in addition to her mail and filing duties,
does some calculating.
The evidence shows that all employees who
work in excess of approximately 20 to 30 hours per
week have equal access to the following benefits:
hospitalization insurance, short-term disability in-
surance, CMS insurance, life insurance, 2 3 extended
sick leave, 24 incentive plan profit-sharing, Christ-
mas bonus, vacation, paid holidays, and the affirm-
ative action plan. With respect to compensation,
clerical employees are salaried, 25 although those
not working 40 hours per week are hourly paid.
The full-time designers are salaried and, in addi-
tion, receive a 1.5 percent commission on certain
jobs, depending on the size of the job and the
extent of design work needed. The part-time de-
signer is paid hourly. Salesmen have a choice as to
whether they wish to work on a "straight" com-
mission basis or receive a weekly "draw" plus
commission. Drivers, helpers, expediters, mainte-
nance person, order pickers, receivers, setup per-
sons, and wrappers are all hourly paid. Inside order
takers are salaried, although they do, at times, re-
ceive compensation for special overtime work. The
retail store employees are both salaried and hourly
paid. 26
In A. Harris & Co., 116 NLRB 1628 (1956), the
Board formulated the conditions under which sepa-
rate warehouse units would be granted. The Peti-
tioner in Harris sought to "represent the employees
23a Salesmen receive 7,500 life insurance, and all other employees re-
ceive $5,000 i Ife insurance coverage
24 Because salesmen are, for the most part, paid on a commission basis,
they do not receive paid sick leave.
25 The switchboard operator, however, is hourly paid.
26 The range of compensation per week for the various classifications
of the Employer's employees are (the numbers reflect dollars per week):
Clericals 130 185
Designers
(plus commission in certain
circumstances) 150-205
Drivers 170 180
Expediters i 80 2(X)
Helpers 130 180
Inside Order
Takers 180 205
Maintenance
P'erson 130
Receivers 1I-) 18
Retail Store
Personnel Service 180) 220
Pecrson 18()
Set-up
Personnel 140 18)
So itchboard
Operator 165
Wrappers 120-171)
Five of the salesmen work on a "straight" commissiotn basis and earn be-
tween 20,O(X) and $60.(XX) per year. but are not reimbursed for auto-
mobile expenses The renltallng ive salesmen who received some salary
and comission earnl between SI(.10,K) and $25,(XX) per year and receive
some automobile reimbursement
GU~STAVE FISHEIR, INC 1073
forming a distinct and identifiable administrative
segment of the Employer's operations devoted es-
sentially to warehousing functions, in circum-
stances disclosing that such employees: (a) are
under supervision separate from other employees;
(b) perform substantially all their work tasks in
buildings geographically separated from those in
which the bulk of the remaining employees of the
Employer work; and (c) are not integrated, to any
substantial degree, with employees in other divi-
sions in the performance of their ordinary duties."
Supra at 1632.
In concluding that a separate warehouse unit was
warranted on the facts presented here, the Acting
Regional Director relied upon his findings that the
warehouse employees are subject to separate imme-
diate supervision, that the warehouse is geographi-
cally separate "from the plant's other operations,"
that there is a lack of substantial integration of job
duties between warehouse employees and other
employees, that the warehouse employees experi-
ence separate working conditions, and that there is
a lack of any temporary interchange or significant
transfers between the warehouse and other employ-
ees.
Upon a consideration of all the facts, we find the
petitioned-for unit, which is limited to the Employ-
er's warehouse employees, to be inappropriate
herein. Although the Employer's business requires
a division of labor based upon the various needs
peculiar to this type of retail establishment, the ar-
rangement of its employees into departments or
classifications is not the controlling factor herein.
Thus, contrary to the Acting Regional Director's
finding, the record shows a highly integrated oper-
ation with a substantial degree of interaction
among the various classifications of employees,
where the emphasis appears to be placed upon
completing the task at hand, rather than upon the
particular classification of employee involved. It is
also clear that the employees herein exhibit a high
degree of flexibility in the performance of their
duties. This flexibility is underscored by the use of
employees "as needed," as well as by the Employ-
er's mode of promotion, which involves movement
of an employee through a progression of classifica-
tions. 2 7 In addition, in terms of the community of
z' The record reflects that three individuals started with the Employer
as stockhandlers, worked in the storage area as pickers. and now work as
inside ordertakers and expediters. Robert Holland, now operations man-
ager, began his employment as a picker (a job which he still performs on
occasion), as did John (dell. vice president in charge of supply, and
Marc Stahl. Three employees who are now salesmen began their employ-
ment with the Employer in the warehouse. then became inside order
takers before assuming their sales positions. Three former employees
(salesmen) progressed in a similar fashion. The importance of this type of
progression was explained by Marc Stahl:
interest among the Employer's employees, we have
taken into account the fact that all the employees
share a common work situs, and that the Employ-
er's method of operation promotes interchangeabil-
ity and contact among its employees. Furthermore,
the employees share, for the most part, common
fringe benefits; and although there is evidence of
division of supervision, there does not appear to be
a fixed chain of command, and the high degree of
employee interaction tends to blur supervisory dis-
tinctions.
Based upon a consideration of all the evidence,
we find that the petition-for unit does not meet the
A. Harris & Co., standards for a separate warehouse
unit, and we therefore find an all-employee unit to
be appropriate herein.
In view of the foregoing, and as the Petitioner
has indicated a willingness to proceed to an elec-
tion in the broader unit asserted by the Employer
to be appropriate, we shall order that the election
conducted March 7, 1980, be vacated and shall
direct an election in the unit found appropriate
herein, as described below. 2 8
ORDER
It is hereby ordered that the election conducted
March 7, 1980, be, and it hereby is, vacated.
[Direction of Election and Excelsior footnote
from publication.]
MEMBER JENKINS, dissenting:
The Petitioner sought and the Regional Director
found appropriate a unit of approximately 26 ware-
house employees in the Employer's retail office
furniture and supply outlet. The requested ware-
house employees include drivers, helpers, order
pickers, receivers, wrappers, setup personnel, and
service personnel, all of whom work predominant-
ly in the warehouse areas of the Employer's facility
when they are not serving customers outside the
premises by performing such functions as delivery
It is important because in the training of somebody, because of the
number of items that we handle, which is some 20,000 different
items, it is important to learn the stock, packaging, the size of the
items, what the items are made up of and that is really the rots of
the business, and that's the place you have to learn it and that's
where I started and where almost eerybody, unless they have had
prior experience in the business, that's where they start
28 As the unit found appropriate herein is larger than that requested.
the Petitioner is accorded a period of 10 days in which to submit the req-
uisite showing of interest to support an election herein In the event the
Petitioner does not wish to proceed to an election herein, it may with-
draw its petition without prejudice by notice to the Regional Director
within 7 days from the date of this Decision on Review, Order, and Di-
rection of Election
All full-time and regular part-time employees of the Employer em-
ployed in its retail office supply and furniture operation at its 490
New Park Avenue, \West Hartford Connecticut location, excluding
managerial employees, guards, and supervisors as defined in the Act.
GUSTAVE FISHER. INC
10)74 I):CISI()NS O() NAO()NAI. .AB()R REI.A'II()NS I()ARI)
and assembly or repair of furniture. They are sepa-
rately supervised by two warehouse leadmen, al-
though they are under the general supervision of
the operations manager, who has responsibility also
for other employees. Some warehouse employees
have daily contact with employees in administra-
tive and clerical positions outside the warehouse,
and nonwarehouse employees sometimes are called
upon, on an "as needed" basis, for temporary assist-
ance in handling warehouse functions such as un-
loading periodic large furniture shipments. A few
nonwarehouse employees spend as much as 30 per-
cent of their time performing functions in ware-
house areas. There is some opportunity for upward
mobility from warehouse jobs to sales or, eventual-
ly, administrative positions.
Taking A. Harris & Co., 116 NLRB 1628 (1956),
as the last word on the subject of the appropriate-
ness of warehouse units, the majority concludes
that this warehouse unit is inappropriate. However,
as the Regional Director recognized, the Board has
taken a more flexible approach in recent years than
it did 25 years ago. Thus, in Sears, Roebuck and
Co., 235 NLRB 678 (1978), we found a unit of em-
ployees performing traditional warehousing and de-
livery functions to be appropriate notwithstanding
the presence of clerical, service, and retail parts
sales employees at the same facility, some work
contact and job overlapping with these employees,
some opportunity for job progression, and some
degree of functional integration. On facts broadly
similar to Sears, we also found appropriate, in
Welsch Lumber and Supply, Inc., d/b/a Big Buck
Lumber, 241 NLRB 639 (1979), a unit of employees
performing true warehousing functions in an area
not geographically separated from the employer's
other operations. And earlier this year we followed
Sears and Big Buck Lumber in finding appropriate a
separate warehouse employees' unit within a single
facility which, like the facility involved in the in-
stant case, was a retail furniture outlet. Wickes Fur-
niture, A Division of the Wickes Corporation, 255
NLRB No. 80 (1981). In place of the categorical
imperatives of A. Harris & Co., these decisions
relied on the existence of a separately identifiable
community of interest among the employees
sought-a ground more consonant with the princi-
ples with which the Board traditionally approaches
unit determinations. I find this line of analysis to
support the Regional Director's conclusion here.
On the basis of his analysis of the facts relating to
this issue, as set forth in Appendix B of this opin-
ion, and my own observations above, I would find
the requested unit to be appropriate.
APPENDIX B
The Employer, a Connecticut corporation with its
principal place of business located at 490 New Park
Avenue, West Hartford, Connecticut, is engaged in the
retail sale and service of office furniture and office sup-
plies. Solely involved in this proceeding is the Employ-
er's New Park Avenue facility where it leases two floors
in a multistory building. Situated on the first floor are
the Employer's administrative offices, which are sur-
rounded on three sides by two warehouse areas, and a
retail store. The retail store, where office supplies are
sold, is separated from the administrative area by a parti-
tion which is over 6-1/2 feet high. Situated on the
second floor, which is utilized for the retail sale of office
furniture, is a showroom and sales area.
Working in the warehouse areas are 26 employees
classified as drivers, helpers, order pickers, receivers,
wrappers, setup personnel, service personnel, and lead-
men. Working in the first floor administrative offices are
31 employees classified as clericals, expediters, outside
order takers, inside order takers, a switchboard operator,
and a maintenance employee. Also located in the admin-
istrative offices are 3 company officers and the comptrol-
ler, the operations manager, the vice president of supply
and the office manager. Working in the retail store are 2
individuals classified as retail store personnel. Working
on the second floor are 3 employees classified as design-
ers. Also located on the second floor, on a rotating basis,
is one of the above-mentioned outside order takers.
Those employees working in the warehouse perform
the following tasks: Drivers and helpers deliver mer-
chandise to customers, load and unload shipments, per-
form simple setups of merchandise, and generally assist
in the warehouse wherever they are needed. Receivers
sort incoming merchandise by order numbers, checking
the items received against the order number. Order pick-
ers fill outgoing orders by removing merchandise from
the shelves. Wrappers wrap merchandise for shipment.
Setup personnel assemble furniture in the warehouse as
well as at a customer's premises. Service personnel repair
and service merchandise in the warehouse as well as at a
customer's premises.
Those employees working in the administrative office
perform the following task: Inside order takers receive
orders for merchandise by phone or mail, and staff the
retail store each day at lunchtime. They are also respon-
sible for the "special accounts" section of the warehouse,
which requires them to spend approximately 30% of
their time each day in the warehouse. Outside order
takers (also referred to in the record as salesmen), visit
customers' premises and solicit orders for merchandise.
They also staff the furniture showroom on the second
floor, and at least one salesman delivers merchandise to
customers approximately once a week. Although the
record also indicates that outside order takers pick their
own orders in the warehouse at least twice a day, there
is no indication as to the length of time they engage in
this task. Expediters receive and investigate inquiries re-
lated to orders, writeup service and repair orders and co-
ordinate the delivery of merchandise. In the performance
GU'TAVE FISHER, INC 1075
of those duties expediters spend between 5 and 10% of
their time each day in the warehouse.
The clerical employees who work in the administra-
tive office perform a wide variety of functions. Some are
engaged solely in the typing and filing of invoices and
bills. Others have more specific job functions. Thus, the
accounts payable clerk checks vendor invoices against a
report containing a list of merchandise which has actual-
ly been received in the warehouse. If there are no dis-
crepancies, the accounts payable clerk will attach the pa-
perwork indicating which merchandise has actually been
received to the vendor invoice and process it for pay-
ment. If there is a discrepancy, the clerk will work with
an expediter to seek an explanation from the vendor. The
accounts payable clerk also performs the same functions
with regard to the special accounts section of the ware-
house, causing the accounts payable clerk to visit the
warehouse at least once a day to resolve discrepancies.
One clerical works primarily for the president of the
Company, taking dictation and answering his phone. In
addition, she types, operates a calculator, files documents
and performs paper work relating to accounts receivable.
Another clerical is responsible for typing vendor pur-
chase orders. There is also a clerical who is responsible
for operating the bookkeeping machine, preparing checks
and applying customer invoices and payments against
customer accounts. The switchbord operator, in addition
to answering all incoming calls and acting as a reception-
ist, spends 40 to 50% of her time proofreading invoices,
extending invoices, doing calculations, and matching cus-
tomer confirmation orders. It appears that, in the per-
formance of their duties, clerical employees are called
upon to enter the warehouse. Such visits occur about 4
times a month and last for only 5 minutes, and are gener-
ally confined by contacts with the warehouse supervi-
sors.
The two retail store personnel sell office supplies to
customers in the retail store. In so doing, approximately
3 times a day they are called upon to take various cus-
tomers into the warehouse to examine merchandise.
They are also responsible for stocking the shelves in the
retail store by picking up merchandise from the ware-
house. Finally, the designers, who are primarily engaged
in designing furniture, work either in their office on the
second floor or at the customers premises. They also
show customers how to use certain merchandise which is
on display in the administrative office area.
Warehouse employees enter the administrative offices
at least 3 times each day, at which times they come into
contact with clericals, expediters, and inside and outside
order takers. However, it is clear that such contacts are
limited to the clarification of paperwork, and that the ad-
ministrative personnel usually contacted are either the
office manager, operations manager, or vice-president of
supply. Although there is a conflict in the record as to
whether order pickers enter the office to pick up an
order for processing, rather than picking up the orders
from a basket in the warehouse. it is clear that the
amount of time spent in performing this task is minimal
Moreover, there is no indication in the record that ware-
house employees enter the retail store. The record fur-
ther reveals that fringe benefits are the same for all em-
ployees (with minor exceptions for outside order takers
and designers). However, the maximum weekly wage for
a warehouse employee is $180.00 per week, whereas all
of the employees in the administrative office and the
retail store (except the switchboard operator) earn sig-
nificantly more than $180.00 per week. In addition, all
warehouse employees are paid on an hourly basis and
punch a time clock located in the warehouse, whereas all
full-time administrative office and retail store personnel
(except for the maintenance man) are salaried. Ware-
house employees report to work no later than 8:(X) am.
Administrative office and retail store employees start
work as late as 9:00 a.m. Only five warehouse employees
have ever transferred to positions in the administrati, e
office. No employees have transferred into warehouse
classifications, and there is no Ceidence of any temporary
interchange or transfer between warehouse and other
employees.
There is general testimony in the record that Oper-
ations Manager Holland, who is primarily responsible for
the supervision of the inside order takers, spends about
307c of his time "supervising" the warehouse. While
other company officals visit the warehouse at least once
or twice a day, such visits appear to be of very brief du-
ration and there is no indication that during these occa-
sions, the officials engage in any supervisory functions.
Indeed, the record clearly establishes . . . that the direct
and immediate supervision of the warehouse is per-
formed by the two leadmen, Cutler and Scirocco, and
that these individuals do not supervise any other employ-
ees.
Based upon the foregoing and the record as a whole,
and noting particularly the separate immediate supervi-
sion received by warehouse employees, the geographical
separation of the warehouse from the the plant's other
operations, the lack of substantial integration of job
duties between warehouse employees and other employ-
ees, the separate working conditions experienced by
warehouse employees, and the lack of any temporary in-
terchange or significant transfers between warehouse and
other employees, I find that the warehouse employees
sought by the Petitioner share a distinctive community of
interest which warrants their representation in a separate
unit. Sears, Roebuck and Co., 235 NLRB 678 (1978);
Joske's Houston, 233 NLRB 31 (1977); See also Wickes
Furniture, A Division of The Wickes Corporation, 231
NLRB 154 (1977).
GUSTAV FISHER, INC 075