San Diego Transit Corp.

National Labor Relations Board - Board Decisions

May 14, 1970

182 N.L.R.B. 428 (N.L.R.B. 1970)

428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
San Diego Transit Corporation and San Diego Bus Drivers
Union , Local Division 1309-Amalgamated Transit
Union, AFL-CIO, Petitioner
San Diego Transit Corporation , Petitioner and San Diego
Bus Drivers Union , Local Division 1309-Amalgamated
Transit Union , AFL-CIO Cases 21-RC-11616,
21-RC-11617 and2l-RM-1440
May 14, 1970
DECISION, ORDER , AND DIRECTION OF
ELECTION
BY CHAIRMAN MCCULLOCH 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 Carl Abrams There
after, the Employer and the Union filed briefs
The National Labor Relations Boa'rd' has considered
the Hearing Officer's rulings made at the hearing and
finds that no prejudicial error was committed The rulings
are hereby affirmed
Upon the entire record in this case, including the
briefs filed by the parties the Board finds
I In 1966, the City of San Diego organized the
Employer, San Diego Transit Corporation, as a nonprofit,
nonstock, tax-exempt corporation in order to acquire
the San Diego Transit Corporation, a private company
engaged in providing transportation in the metropolitan
area of San Diego The San Diego City Council appointed
five private citizens, known as directors, to run the
Employer There is no interchange of employees between
the city and the Employer
The parties agree, and we find, that the Employer
is engaged in commerce within the meaning of the
Act, and that it will effectuate the purposes of the
Act to assert jurisdiction herein 2
2 The labor organization involved claims to represent
certain employees of the Employer
3 A question affecting commerce exists concerning
the representation of employees of the Employer within
the meaning of Section 9(c)(1) and Section 2(6) and
(7) of the Act
4 The Union seeks a unit of street supervisors, who
it claims are leadmen and not supervisors in that their
authority is of a routine nature The Employer contends
that its street supervisors are supervisors within the
meaning of the Act
There are about II street supervisors and they are
paid on a monthly basis, whereas the bus drivers they
supervise are paid on an hourly rate The street supervi-
sors are furnished automobiles, owned by the Employer,
and they cover certain geographical areas of the transit
' Pursuant to Sec 3(b) of the National Labor Relations Act as
amended the Board has delegated its powers in connection with this
case to a three member panel
2 San Diego Cn is Facilities Corporation l7 S NLRB No 26
system Their primary duty is to see that the buses
operate on time They also handle inquiries and com-
plaints and talk to customers In the course of performing
these duties, however, they may stop bus drivers, repri-
mand them and take steps to insure that they drive
safely They can prohibit drivers from operating the
buses if they are intoxicated They file daily reports
with the superintendent of transportation, and action
is taken by him based on these reports Although the
final decisions are made by the superintendent of trans-
portation, he may accept the recommendations of the
street supervisors in their violation reports or in their
commendation reports In addition to the above factors,
which tend to establish the supervisory status of the
street supervisors we note that to find these individuals
not to be supervisors would result in a ratio of one
supervisor, the superintendent to about 390 bus drivers
The Board will not overlook the impracticability and
unreasonableness of such a ratio, particularly where
the operation, as in the instant case extends for about
380 miles
We accordingly find that the street supervisors are
supervisors within the meaning of the Act 3 Accordingly
we shall dismiss the petition in Case 21-RC-11616
The Union also seeks a unit of office clerical employ-
ees, and the Employer agrees that such a unit is
appropriate The parties stipulated that 29 designated
clericals be included in the unit 4 that 13 designated
individuals be excluded as supervisors, and that 1 individ-
ual (the secretary to the general manager) be excluded
as a confidential employee, as she dealt with labor
relations matters
The parties disagreed, however, as to the following
five persons
Patricia Jacobs Assistant Controller
She has the authority to effectively recommend hiring
and wage increases, grant employees time off, and sched-
ule employees' work The Union offered no evidence
to support its claim that she merely performs regular
routine functions We find that she is a supervisor and
exclude her from the unit
Arleen Fowler, Secretary to Controller
She has access to personnel records and performs
secretarial work for certain supervisors, the controller,
and the assistant controller She essentially performs
secretarial work, and does not assist and act in a con-
fidential capacity to persons who formulate, determine,
and effectuate management policies in the field of labor
relations We include her in the unit, because the type
of work she performs is not confidential 5
United Transit Compans 106 NLRB 1047 1048
The parties are in agreement that Willard Day assistant director
of charter sales performs routine office clerical duties and should
also be included in the unit
The B F Goodrich Coinpans 115 NLRB 722 724 Banco Credito
Y Ahorro Ponceno 160 NLRB 1504 1508-9
182 NLRB No 66
SAN DIEGO TRANSIT CORPORATION 429
Phillip Sweeten Manager of Data Processing
He is in charge of all data processing, including the
processing of all financial information He has specialized
data process training, and three tabulators work under
his direction and control
We find that Sweeten has the authority to hire and
to supervise the tabulator operators under him We,
therefore, exclude him from the unit
i
Helene Davis, Supervisor of Information and Lost and
Found
All office clerical employees, including the secretary
to the controller, the secretary to the safety and
personnel directors, and the assistant director of
charter sales, but excluding employees covered by
other collective bargaining agreements , dispatchers,
street supervisors , guards, watchmen , confidential
and professional employees , assistant controller,
manager of the data processing department , supervi-
sor of information and lost and found, and all
other supervisors as defined in the Act
ORDER
She effectively recommends the hiring and firing of
employees and directs the activities of the ten employees
who work under her She also has the right to recommend
raises and to discipline the employees under her We
find that Davis has the duties of a supervisor, and
we accordingly exclude her from the unit
Clara Thornbury, Secretary to the Safety and Personnel
Directors
In her capacity as secretary she has access to person-
nel records of employees She essentially performs the
duties of a secretary We are convinced that Clara
Thornbury, like Arleen Fowler, is not a confidential
employee, and we include her in the unit
We find that the following employees of the Employer
constitute a unit appropriate for collective bargaining
within the meaning of Section 9(b) of the Act
It is hereby ordered that the petition for a unit of
street supervisors, filed in Case 21-RC-11616 be, and
it hereby is, dismissed
[Direction of Election6 omitted from publication ]
' In order to assure that all eligible voters may have the opportunity
to 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 Underis ear Inc 156 NLRB 1236 N L R B v W) man
Gordon Company 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 Employer with the Regional
Director for Region 21 within 7 days of the date of this Decision
Order 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