Metropolitan Life Insurance Co.

National Labor Relations Board - Board Decisions

Sep 19, 1962

138 N.L.R.B. 734 (N.L.R.B. 1962)

734 DECISIONS OF NA'T'IONAL LABOR RELATIONS BOARD
WE WILL offer Mark G . Harrigan immediate and full reinstatement to his
former or substantially equivalent position , without prejudice to his seniority
and other rights and privileges , and make him whole for any loss of pay, or
other incidents of the employment relationship , which he may have suffered
by reason of the discrimination practiced against him.
All of our employees are free to become, remain , or refrain from becoming or
remaining , members of any labor organization , except as that right may be affected
by an agreement requiring membership in a labor organization as a condition of
employment , authorized in Section 8(a) (3) of the Act, as amended . We will not
discriminate in regard to hire or tenure of employment , or any term or condition
of employment , against any employee because of membership in or activity on
behalf of any labor organization.
ISIS PLUMBING & HEATING CO.,
Employer.
Dated------------------- By-------------------------------------------
(Itepresentative ) ( Title)
NOTE.- -We will notify any of the above-named employees presently serving in
the Armed Forces of the United States of their rights to full reinstatement upon
application in accordance with the Selective Service Act after discharge from the
Armed Forces.
This notice must remain posted for 60 days from the date hereof, and must not be
altered , defaced, or covered by any other material.
Employees may communicate directly with the Board 's Regional Office, Eastern
Columbia Building, 849 South Broadway , Los Angeles , California , Telephone Num-
ber, Richmond 9-4711 , Extension 1031, if they have any question concerning this
notice or compliance with its provisions.
APPENDIX B
The General Counsel 's representative has filed a motion to correct the transcript in
certain designated respects. No objections have been noted by Respondent 's counsel.
Upon my own review of the record , I am satisfied that the General Counsel 's motion
to correct the transcript is well -founded . The list of corrections required is appended,
herewith.
1. Page 13, line 13, delete "on."
2. Page 13, line 14, substitute "prohibition of the use of a vehicle" for "prohibitive
use of a vehicle."
3. Page 15, line 12, substitute "furnished" for "confirmed."
4. Page 15, line 14, substitute "Locals of the United Association " for "Local,
United Association."
5. Page 33, line 10, substitute " 11:30 or 11 : 20" for "1:30 or 1:20."
6. Page 42, line 20, substitute "tissue" for "issue."
Correction of the transcript , as shown , is hereby ordered.
Metropolitan Life Insurance Company and Insurance Workers
International Union , AFL-CIO, Petitioner . Case No. 18-1RC-
5003. September 19, 1962
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 Hjalmar Storlie , hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record I in this case, the Board finds :
' Because, In our opinion, the record and briefs adequately set forth the issues and
positions of the parties , the Employer 's request for oral argument is hereby denied
138 NLRB No. 87.
METROPOLITAN LIFE INSURANCE COMPANY 735
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. The appropriate unit :
The Petitioner seeks a unit comprised of the Employer's district
office in Sioux City, Iowa, and its detached offices in Fargo, North
Dakota, and Sioux Falls, South Dakota. The Employer's position is
that, the only appropriate units should encompass either (1) all its
. Tices in the United States; (2) all offices in its southwestern terri-
tory; ter, (3) all offices in the State of Iowa. Otherwise, the parties
are in agreement as to the composition of the unit.
No testimony was taken in this proceeding. Instead, the parties
agreed to incorporate by reference the entire record in a previous
proceeding involving the same parties and a similar unit question?
This record n as supplemented by the statements by counsel on the
record with respect to their unit contentions; the introduction into
evidence of an exhibit showing the geographic location of the Em-
ployer's offices involved in the present proceeding; and by briefs
of both parties.
In the prior proceeding, we found, based upon the record before
us, that the individual district office was in effect a separate adminis-
trative entity through which the Employer conducted its business
operations and therefore was inherently appropriate for purposes of
collective bargaining? Accordingly, on the basis of the record before
us, and in the absence of any additional considerations which would
cause us to reach a different result,' we find that a unit limited to
the Employer's district office in Sioux City, Iowa, would be appro-
priate for purposes of collective bargaining.
Although we have found that the Employer's Sioux City, Iowa,
district office would constitute an appropriate unit, the Petitioner has
not limited its unit request solely to that office. It would also include
in the unit the Employer's detached offices in Fargo, North Dakota,
and Sioux Falls, South Dakota, which are 284 and 120 miles respec-
3 Metropolitan Life Insurance Company, 138 NLRB 565.
8 Ibid.
* In the prior proceeding , one of the factors relied upon by the Board in finding the
individual district office to be appropriate for bargaining purposes was the absence of
any bargaining history. Concerning the Employer 's offices in the State of Iowa, the record
reveals that the Employer previously had a collective -bargaining agreement with Inter-
national Union Life Insurance Agents covering a statewide unit of agents. However, the
last and only such agreement expired in 1948. In view of the time that has elapsed
since the expiration of this agreement, we do not view such bargaining history to be a
significant factor.
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tively from Sioux City. Both detached offices are under the admin-
istrative control of the Sioux City office from which they are detached,
and are the only offices maintained by the Employer in the States of
North Dakota and South Dakota. In its brief, the Employer contends
that the inappropriateness of Petitioner's unit is established by the
failure of Petitioner to include the Employer's district office in Council
Bluffs, Iowa, which is 100 miles from Sioux City and located in the
same State and territory,' when at the same time, Petitioner is seeking
to include offices which are more distant from Sioux City than Council
Bluffs and located in different States 6 We do not agree. The offices
in question are administratively linked to the Sioux City office and
are the only offices detached from the Sioux City office. In view of
this administrative relationship, we find that these detached offirxs
may properly be included in a unit with the district office from which
they are detached?
Accordingly, we find that the following employees of the Employer's
Sioux City, Iowa, district office and its detached offices in Fargo, North
Dakota, and Sioux Falls, South Dakota, constitute a unit appropriate
for collective bargaining purposes within the meaning of Section 9 (b)
of the Act :
All debit insurance agents, including all canvassing, regular and
office account agents selling industrial life insurance and other forms
of insurance sold by the Company, but excluding independent agents,
retired agents, Metropolitan Insurance, consultants, managers, assistant
managers, cashiers, clerical employees, secretaries, professional em-
ployees, guards, watchmen, and all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBERS RODGERS and LEEDOM, dissenting :
For the reasons stated in our dissenting opinion in Quaker City
Life Insurance Company , 134 NLRB 960, we would find the unit
sought inappropriate and dismiss the petition.
5 The Employer had nine district offices and four detached offices located in the State of
Iowa . However, of these offices only the Employer's district offices in Sioux City and
Council Bluffs are included in its southwestern territory.
O However, the Employer does take the position that in a unit comprising all of its
offices in the State of Iowa, the detached offices in question should be included even though
they are located in other States.
7 Equitable Life Insurance Company, 138 NLRB 529.