Land Title Guarantee and Trust Co.

National Labor Relations Board - Board Decisions

Nov 10, 1971

194 N.L.R.B. 148 (N.L.R.B. 1971)

148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Land Title Guarantee and Trust Co., Employer-Peti-
tioner and Teamsters Union Local No. 293,
Affiliated With International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Help-
ers of America, Petitioner . Cases 8-RM-621 and
8-RC-8220
November 10, 1971
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
Upon petitions duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Sanford Gross on
certain dates between June 1 and August 5, 1971.
Following the hearing and pursuant to Section 102.67
of the National Labor Relations Board Rules and
Regulations, Series 8, as amended, the above-entitled
matter was transferred by the Regional Director for
Region 8 to the National Labor Relations Board for
consideration. Briefs have been filed on behalf of
Land Title Guarantee and Trust Co., the Title
Examiners Union No. 19496, AFL-CIO, and the
Independent Title Workers Union.'
Pursuant to the provisions of Section 3(b) of the
Act, the Board has delegated its authority in connec-
tion with this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in this proceeding, including
the briefs filed by the parties, the Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organizations involved claim to
represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
i At the hearing, the Independent Title Workers Union and the Title
Examiners Union No. 19496, AFL-CIO, intervened
2 The unit description in the last contract which expired on July 31,
1971, is as follows:
All female office employees employed in the City of Cleveland, Ohio
in the following departments * plant department, point maintenance
department, court department , proof reading department, engineering
department, typing department , and telephone exchange. Department
heads, supervisory employees and persons occupying a position
executive in character are excluded.
3 The unit description in the most recent contract , which expired on
July 31, 1971, is as follows:
employees in the classification of Title Examiners, Opuuoners,
Reviewers, Miscellaneous Title Operatives , Escrow Auditors, Title
Engineers , Court Searchers, Location Service Crew Chiefs, Field Work
Reviewers, Locators, Escrow Officers and Auditors and Plant
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. Land Title Guarantee and Trust Co., the
Employer herein, is an Ohio corporation engaged in
the business of researching, insuring, and guarantee-
ing titles to real estate and acting as escrow agent in
real estate transactions.
Although some employees have never been repre-
sented by a union, the majority of employees have
historically been divided into two units represented by
different unions. Since its certification in 1945, the
Independent Title Workers Union has represented
the unit of employees that includes all females in
certain departments.2 The Title Examiners Union has
represented male employees in certain classifications
since 1934, although not certified in that unit until
1948. Since 1965, this Union has represented all
employees in these classifications regardless of sex.3
In its petition, the Employer contends that the only
appropriate unit is one which includes all employees.
The Teamsters Local No. 293 stipulated that the
unit sought by the Employer would be most appropri-
ate. However, it takes the position that the unit
described in its amended petition is also appropriate.4
This unit includes all employees now represented by
the Independent Title Workers Union as well as some
previously unrepresented employees, but does not
include certain other previously unrepresented em-
ployees who perform substantially the same function
as employees within the unit sought.5
While conceding that the unit sought by the
Employer is appropriate, the Independent Title
Workers Union maintains that its historical unit is
also appropriate and requests a finding to that effect.
The Title Examiners Union objects to the unit
petitioned for by the Employer because it fails to
carve out the unit it has historically represented.
In contending that two separate units could be
appropriate, all three unions rely on the bargaining
history. In addition, the Title Examiners Union
contends that the unit it represents is composed of
technical employees entitled to separate representa-
tion.
Operatives , Draftsmen and Location Service Crew Helpers and Group
Leaders, but it shall not include any supervisor or assistant supervisor,
except as hereinafter provided in Section 6 and Section 10 hereof
4 The Teamsters amended petition requested the following unit.
All employees employed in the following departments Plant
department, joint maintenance department , court department,
proofreading department , engineering department , typing department,
telephone exchange, data processing department , photo department,
statewide department , billing and order department, internal auditing
department, excluding department heads, supervisory and executive
personnel and those persons currently covered under the contract
between the Company and Title Examiners Union No 19496,
AFL-CIO.
5 For example, the secretaries in the escrow department would not be
included in this unit
194 NLRB No. 29
LAND TITLE GUARANTEE AND TRUST CO.
With respect to the latter contention, the evidence
indicates that many employees in the unit represented
by the Title Examiners Union have only high school
educations and need only a few week's training to
perform their work.6 In addition, the training of some
classifications in the unit represented by the Inde-
pendent Title Workers Union exceeds the training
requirements for some classifications in the unit
represented by the Title Examiners Union.7 Since no
special training or education is required to perform
many of the jobs in the unit, separate representation
of those sought by the Title Examiners Union cannot
be justified as encompassing all, if any, technical
employees.
Furthermore, in this case, the long bargaining
history in separate units does not support the
appropriateness of those units. The units were initially
drawn to afford separate representation for male and
female employees. The Board has held that units
based solely on the sex of employees are
inappropriate 8 and has disregarded bargaining histo-
ry in such units.9
The fact that the Title Examiners Union no longer
requires employees to be male in order to be part of
the unit it represents does not cure the defect caused
by the original sexual segregation. Thus the separate
units, as they currently exist, constitute arbitrary
6 For example, miscellaneous title operatives, locators, draftsmen, and
location crew helpers.
7 Title assemblers are represented by the Independent Title Workers
Union. In addition to other training, these title assemblers must be trained
as locators , a classification represented by the Title Examiners Union
8 Cuneo Eastern Press, Inc., 106 NLRB 343.
9 United States Baking Company, Inc., 165 NLRB 951.
io Female court abstractors are represented by the Independent Title
Workers Union while the male court abstractor is represented by the Title
Examiners Union.
ii Bargaining history in units based on arbitrary divisions is not a
controlling factor in unit determinations. Owens-Illinois Glass Company,
112 NLRB 172, 177; New Deal Cab Company, Inc., 159 NLRB 1838.
11 In order to assure that all eligible voters may have the opportunity to
149
groupings which cannot be justified under any
standard recognized by the Board. Both units cross
departmental lines and do not constitute groupings
subject to separate supervision. All employees receive
the same fringe benefits, work the same hours, and are
paid on a salary basis. Some classifications represent-
ed by the Independent Title Workers Union entail the
same functions as classifications in the unit represent-
ed by the Title Examiners Union.10 Accordingly,
neither unit reflects a community of interest distinct
from that of employees as a whole.11
For the foregoing reasons, we find that the history
of bargaining does not justify continued existence of
the two separate units. Because the separate units
petitioned for are inappropriate, we find that a unit of
all employees is the only appropriate unit.
In view of the above, we find that the following unit
is appropriate for the purposes of collective bargain-
ing within the meaning of Section 9(b) of the Act: .
All employees employed at and working at or
through or out of the office facilities located at
1275 Ontario Street, Cleveland, Ohio, excluding
officers, cashiers, auditors, chief title examiner,
title officers, confidential employees (executive
secretaries), guards and supervisors within the
meaning of the Act.
[Direction of Election 12 omitted from publication.]
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them. Excelsior
Underwear Inc., 156 NLRB 1236; N.L.RB. v. Wyman-Gordon Co., 394 U.S.
759. Accordingly, it is hereby directed that an election eligibility list,
containing the names and addresses of all the eligible voters, must be filed
by the Employer with the Regional Director for Region 8 within 7 days of
the date of tins Decision and Direction of Election . The Regional Director
shall make the list available to all parties to the election . No extension of
time to file this list shall be granted by the Regional Director except in
extraordinary circumstances. Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed