Maremont Corp.

National Labor Relations Board - Board Decisions

Nov 13, 1978

239 N.L.R.B. 240 (N.L.R.B. 1978)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Maremont Corporation and Truck Drivers and
Helpers Local Union No. 728, affiliated with the
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, In-
dependent, Petitioner. Case I 0-RC 11336
November 13, 1978
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY MEMBERS JENKINS, MURPHY. AND TRUESDALE
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held on March 1, 1978. Following the
hearing the Regional Director for Region 10 issued a
Decision and Direction of Election finding, inter alia,
that leadpersons were not, as contended by the Em-
ployer, supervisors and directing an election in a bar-
gaining unit in which they were included. Thereafter,
on March 29, 1978, the Employer filed a request for
review of the Regional Director's decision, contesting
his finding that leadpersons were not supervisors. On
April 11, 1978, the National Labor Relations Board
found that the Employer's request for review raised a
substantial issue concerning the unit placement of
the leadpersons but that this issue could best be re-
solved through the challenge procedure. Accord-
ingly, it directed that the Decision and Direction of
Election be amended to permit the leadpersons to
vote challenged ballots. The election was held on
April 14, 1978, with 21 votes for and none against the
Petitioner; there were 2 challenged ballots.
On April 21, 1978, the Employer filed timely ob-
jections to the election, alleging that supervisory per-
sonnel, namely, leadpersons. prior to the election
"acted on behalf of and gave illegal support to the
Union" and thereby invalidated the election. The
Regional Director issued his supplemental decision
on May 16, 1978, in which he found leadpersons
were not supervisors. He therefore dismissed the ob-
jections and certified the Petitioner. The Employer
filed a request for review of the supplemental deci-
sion, questioning primarily the finding that leadper-
sons were not supervisors. On June 28, 1978, the
Board granted the request and stayed the Regional
Director's certification of the Petitioner pending De-
cision on Review. Thereafter, the Employer filed a
brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Employer contends, as noted above, that the
leadpersons are, contrary to the Regional Director's
finding, statutory supervisors and thus that their ac-
tivity in aid of the Petitioner invalidated the election.
In support of its contention it relies on evidence pre-
sented at the preelection representation hearing.
Such evidence does not support the Employer's posi-
tion.
The leadpersons do not, insofar as the record
shows, have authority to hire, discharge, promote, lay
off, or recall employees or to effectively recommend
such action. They do, however, admonish employees
to obey plant rules and to work harder and do direct
to some extent the work of employees under them.
However, the responsibilities of the leadpersons in
these regards are essentially of a routine nature pri-
marily reflecting their status as individuals of greater
skills and security and thus do not here establish su-
pervisory authority.' Finally, like the individuals who
are concededly unit employees, the leadpersons are
hourly paid, punch a timeclock, and spend most of
their time doing routine work predetermined by their
supervisors. Accordingly, we find in agreement with
the Regional Director that the leadpersons are not
supervisors under the Act 2 and that the Employer's
objections are therefore without merit. Consequently,
we shall overrule the objections and reinstate in full
force and effect the certification of the Petitioner is-
sued by the Regional Director in this proceeding.
ORDER
It is ordered that the Employer's objections to the
election held on April 14, 1978, be, and they hereby
are, overruled.
11 IS FIUR I tER ORI).ERtE) that the stay of the certifi-
cation of the Petitioner as the bargaining representa-
tive of employees in the appropriate unit is hereby
withdrawn and that such certification be, and it
hereby is, in full force and effect.
i [he faIc that the leadpersln on the night shift can, in limited instances
when no acknow ledged supervisor is available. permit an employee toI leave
work earls seems to be an essentially routine matter. not establishing super-
vlsors authoriN.
' See / ndl.. IIumher ( irean inil {f( 'lumhus, 179 NLRB 75 (1969); West
I 'lrgiIltl Pulp and Pap.er ( irnpant, 122 Nl RB 738 (1958)
240