Kalamazoo Vegetable Parchment Co.

National Labor Relations Board - Board Decisions

Aug 18, 1953

106 N.L.R.B. 792 (N.L.R.B. 1953)

792 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the foregoing findings of fact and upon the entire record in the case, the 1Yial
Examiner makes the following:
CONCLUSIONS OF LAW
1. Fort Worth Sand and Gravel Co., Inc., is engaged in commerce within the meaning of
Section 2 (6) and (7) of the Act.
2. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, AFL, Local 47, and the Committee, party to the contract, 9 are labor organizations
within the meaning of Section 2 (5) of the Act.
3. By dominating and interfering with, and contributing support to, the administration of
the Committee, the Respondent has engaged in and is engaging in unfair labor practices
within the meaning of Section 8 (a) (2) of the Act.
4. By interfering with, restraining, and coercing employees in the exercise of the rights
guaranteed in Section 7 of the Act, the Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8 (a) (1) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices affecting commerce
within the meaning of Section 2 (6) and (7) of the Act.
[Recommendations omitted from publication.]
9 The fact that apparently the Committee did not accept applications for membership or
have members in the usual sense, collect dues, or hold regular meetings does not affect its
status as a labor organization in view of its bolding a collective-bargaining contract with
the Respondent.
KALAMAZOO VEGETABLE PARCHMENT COMPANY and IN-
TERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA,
LOCAL 7, AFL, Petitioner. Case No. 7-RC-2182. August 18,
1953
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Cecil Pearl,
hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby af-
firmed.'
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three-member panel [Members Houston, Styles, and
Peterson].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning
of the Act.
2. The labor organizations involved claim to represent em-
ployees of the Employer.
3. No question affecting commerce exists concerning the
representation of employees of the Employer within the mean-
s The petition and other formal papers are hereby amended to show the correct name of
the Petitioner as amended at the hearing.
106 NLRB No. 124
KALAMAZOO VEGETABLE PARCHMENT COMPANY 793
ing of Section 9 (c) (1) and Section 2 (6) and ( 7) of the Act, for
the following reasons:
The Petitioner seeks to sever the Employer ' s truckdrivers
and helpers ( relief drivers ) from an existing production and
maintenance unit of employees at the Employer ' s Parchment,
Michigan , plant. The Employer and the Intervenor contend that
severance should be denied for these employees because of the
9-year collective bargaining in the broader unit, and on the
further ground that the truckdrivers involved herein are not
such skilled employees as the Board has recognized may be
separately represented,'
The Employer is engaged in the manufacture and conversion
of paper at its plant at Parchment , Michigan , which is located
approximately 3 miles from the city of Kalamazoo . The plant
buildings cover an area of about 1 1 / 4 miles . As the result of
a Board - conducted election and certification of representatives,
all production and maintenance employees , with the exception
of two craft groups, ' have been represented by the Intervenor
in a single unit since 1944.
The Employer ' s operations are conducted in a number of
different departments . The truckdrivers involved inthe present
proceeding are part of the shipping department and the main-
tenance department . There is also one truckdriver assigned to
the print department . There are no employees classified as
truckdriver helpers or relief drivers.
The shipping department , which is under the overall super-
vision of a shipping superintendent , is located in two buildings.
At each of these locations is a supervisor who is responsible
to the shipping superintendent . Under each supervisor is a
loading foreman . All shipping department employees , including
the truckdrivers, work under the immediate supervision of the
loading foremen . The truckdrivers are on the same payroll as
other employees in the shipping department. Their hours of
work and working conditions are the same as other shipping
department employees.
There are eight employees in the shipping department clas-
sified as truckdrivers .4 They drive trucks varying in size from
1 1/2 tons to 3 tons. They all drive on the public highway but
rarely go beyond the city limits of Kalamazoo. When the trucks
go out of town, the usual distance is about 30 miles. These
drivers make deliveries to freight stations and trucklines, do
cartage work, transfer tonnage between plants , and transfer
mill rolls between production departments . When not driving
2 The Employer also contends that its current contract with the Intervenor is a bar to this
petition . In view of our decision herein, we find it unnecessary to rule on this contention.
$The Employer 's printing pressmen have been represented in a separate unit since 1937,
and the Employer 's powerhouse employees have been represented as a separate unit since
about 1947.
4 There are about 67 employees in the shipping department . Included in this number are
21 tractor operators who operate gasoline-propelled vehicles. They do not have chauffeurs'
licenses.
7 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their trucks, they help load and unload the trucks and do clean-
up work and other general work in the shipping department.
The drivers spend about 25 percent of their time actually
driving the trucks. Approximately 15 percent of this time is
concerned with deliveries and pickups within the plant area.
About 50 percent of their time is spent in loading and unload-
ing their trucks, and during the remainder of their time they
are engaged in general work in the shipping department. The
drivers retain the classification and pay rates of truckdrivers
when they are working in the plant and doing work other than
driving. None of the drivers in the shipping department were
hired as truckdrivers, but were promoted to their present
positions.
There are approximately 204 employees in the maintenance
department, including 6 employees classified as truckdrivers.
All work under the overall supervision of the master mechanic.
All have the same working hours and other conditions of em-
ployment. All of the truckdrivers were promoted into that job
from lower classifications. There are 15 to 16 trucks in the
maintenance department. Some of these trucks are used by
employees other than the 6 classified as truckdrivers. They
are used mostly by the craft and labor groups when they have
to move heavy material and equipment.
Within the maintenance department are the yards and parks
division, to which 2 truckdrivers are assigned, and the stores
division, to which 4 truckdrivers are assigned.
One truckdriver in the yards and parks divisionhauls cinders
from the powerplant to the dump which is located within the
plant area. He makes about five such trips a day. The remain-
der of the day he works together with other maintenance em-
ployees loading debris that is taken from the mill into the
truck, and carting it to the dump. He spends about 4 hours a
day driving the truck. His regular duties, however, do not re-
quire him to leave the plant property. The other truckdriver
in the yards and parks division collects debris throughout the
plant area, loads it into the truck, and hauls it to the dump.
He sometimes helps the other driver remove debris. When not
engaged in these duties, he rakes the plant area, mows the
lawn, and does other cleanup work in the department.
Three of the truckdrivers in the stores division drive 1 1/2-
ton flatbed trucks for the purpose of delivering material from
the stores division to the trade groups within the plant area.
The other truckdriver in the stores division delivers samples
and mail to the different buildings in the plant area. When not
driving, these truckdrivers help in the storeroom. In cases of
emergency, all of these drivers make runs to Kalamazoo.
Approximately 50 percent of their time is spent driving a
truck, and approximately 25 percent doing manual labor.
The truckdriver in the print department delivers samples of
paper and plates within the plant area, makes deliveries to
suppliers in Kalamazoo, and does other errands for the Em-
CROSLEY BROADCASTING OF ATLANTA , INC. 795
ployer in Kalamazoo . When he is not driving a truck, he helps
with manual labor in the job press department.
We do not believe that the interests of the drivers whom the
Petitioner seeks to sever from the existing production and
maintenance unit are materially distinct from those of the
other production and maintenance employees . On the basis of
the entire record, including the fact that the drivers have been
represented as part of the existing production and maintenance
unit for approximately 9 years , we find that the unit requested
by the Petitioner is not appropriate .5 Accordingly , we shall
dismiss the petition.
[The Board dismissed the petition. ]
Member Peterson , concurring:
Although I agree with my colleagues in their conclusion that
the truckdrivers are not entitled to separate representation, I
do so only because of the substantial bargaining history on an
overall basis and the absence of other factors which would
warrant their severance from the established unit,6
5Cf. General Electric Company, 105 NLRB 921.
6See my dissenting opinion in W. C. Hamilton and Sons, 104 NLRB 627.
CROSLEY BROADCASTING OF ATLANTA, INC.' andTELE-
VISION BROADCASTING STUDIO EMPLOYEES UNION,
LOCAL 845, INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES AND MOVING PICTURE MACHINE
OPERATORS OF THE UNITED STATES AND CANADA,
A.F.L., Petitioner. Case No. 10-RC-2224. August 18, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John C. Carey,
Jr., hearing officer. The hearing officer ' s rulings made at the
hearing are free from prejudicial error and are hereby af-
firmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board had delegated its powers in connection with this case
to a three -member panel [Chairman Farmer and Members
Murdock and Peterson].
Upon the entire record in this case , the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the Act.
IAt a reopened hearing on may 4, 1953, Crosley Broadcasting of Atlanta , Inc., stipulated
that it was the present Employer of the employees involved herein. Accordingly , the Peti-
tioner's motion to amend its petition by substituting as Employer , Crosley Broadcasting of
Atlanta, Inc., in place of Broadcasting, Inc., WLTV, is hereby granted.
106 NLRB No. 126.