V. Paturzo, Bro. & Son, Inc.

National Labor Relations Board - Board Decisions

Nov 16, 1955

114 N.L.R.B. 1161 (N.L.R.B. 1955)

V. PATURIO, BRO. & SON; -INC. 11161-
that they have supervisory functions. as contended by the Petitioner;
are properly in the Unit .4
The Petitioner would exclude and the Employer include Vincent
Bonomo; a , truckdriver who is paid $1.19 an hour, drives a pickup
truck, and buys'sma11 items like shallots and parsley°at the French
market when the Employer is out of them. However, other truck-
drivers also do this at tunes, although Bonomo does it "primarily."
On this record we conclude that Bonomo's -discretion in buying is not
such as to make: him" a managerial employee. We shall include him in
the unit as a truckdriver.
- , Also, the Petitioner would exclude and the Employer include Ture-
gan the truck dispatcher,,who is paid $1.26 an hour. He keeps track
o£ t^?e, movements of the various trucks and reports to management
when "mechanical difficulties occur. His authority over the truck
dr`ive'rs"appears to be routine and he makes no effective recommenda-
tions as to her status; hence he is not a supervisor and we shall in-
clude him in the unit.
The platform truck -maintenance man regularly works 12 to 14
hours a week, on Saturdays and Sundays, repairing equipment. In-
asm:ueh as he is a regular, part-time employee, no reason appears to
exclude him from the unit as contended by the Petitioner.'
Accordingly, we find that all production and maintenance employees
of the Employer at its New Orleans; Louisiana, warehouses, including
bom'iii.en; repackers,`warehousemen, truckdrivers, the truck dispatcher,
inventory, clerks, receiving clerks, refrigeration men, the platform
truck maintenance man, and salesmen order-takers but excluding the
telephone salesman, the manager of the citrus department, office
clerical employees, professional employees, guards, and supervisors
as defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
.
[Text of Direction of Election omitted from publication.]
11 In rn. MURDOCK took no, part in the consideration of the above
Decision and Direction of Election.
4 See Eagle Iron and Brass Company, 110 NLRi3 747, footnote 2
6 See Dependable Parts, Inc., 112 NLRB 581.
P. Paturzo, Bro. & Son, Inc . and Material and Residential Con-
struction- Laborers Local Union #912, and Laborers District
Council I. H. C. B. & C. L. U. of A., AFL, Petitioner . Case No,
5-1C-1775. November Y6,1955 -
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 William C. Humphrey, hear-
114 NLRB No. 170,
1162 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD
ing officer. The hearing officer's rulings made'at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in the manufacture and sale of concrete
products at a single plant located in Baltimore, Maryland. All of the
Employer's sales , valued at $2,488,366.37, during its last fiscal year,
were made within the State. Its indirect outflow was negligible.
Purchases during the same period are valued at $1,224, 084, including
out-of-State purchases. It is uncontested that the Employer's out-of-
State purchases, exclusive of cement, amounted to $51,695.99.
The Petitioner contends that, in addition to these out-of-State
purchases, the Employer also bought cement from out of State in the
amount of $627,922.96. ' The Employer, however, would have us dis-
miss the petition on the grounds that the cement transactions are intra-
state and at most constitute no more than indirect inflow; that the value
of this cement for the fiscal year was only $469,829; and that, in any
event, last year's inflow was, abnormally large rather than typical.
The Employer buys all of its cement from Standard Lime and
Cement Company, hereafter called Standard. Arrangements for these
purchases are made with salesmen from Standard's principal office
in Baltimore where the Employer pays by check and where Standard
has a bank account. However, Standard has no manufacturing opera-
tions in Maryland. All of its cement is produced at its Martinsburg,
West Virginia, plant. It also operates limestone or refractory plants
at Millville and Bakerton, West Virginia; Kimballton, Virginia;
Pleasant Gap, Pennsylvania; Chicago, Illinois; Manistee, Michigan;
and at Woodville, Ohio. Standard directly ships its cement in car-
load lots f. o. b. Martinsburg to the Employer in Baltimore. The
Employer's bill includes the price of the cement at Martinsburg plus
freight charges, a 3-percent transportation tax, and a 15-percent to 18-
percent surcharge on freight. In accordance ;with industry practice,
the Employer subtracts a 10-cent per barrel discount which, for the last
fiscal period, totaled $17,729.40. The Employer also would deduct
the freight, the tax, and the surcharge, leaving the Martinsburg price
of $469,829 after discount.
As the cement is produced in, and shipped from, another State,
we find that the cement purchased from Standard constitutes direct
out-of-State inflow. We reject the Employer's contention that the
procedure of placing its orders through Standard's local Baltimore
office renders such cement purchases indirect inflow.' Nor do we
find merit in the contention that, because Standard occasionally re-
routes, purchases, or repurchases carload lots already on sidings in
'.ferry Cravens, Inc., 113 NLRB 875.
V. PATURZO, BRO. & SON, INC. 1163
Maryland and directs such cars to the Employer, the amount of the
direct inflow should be reduced accordingly. We also reject the Em-
ployer's contention that cement purchases for previous years and for
1955 indicate that figures for the last fiscal year were atypical. Fig-
ures for previous years showed no substantial variation while figures
for 1955 would indicate that cement purchases will be the same or
higher.'
Likewise without merit is the Employer's contention that taxes,
freight, and other costs do not enter into the value of the cement
receivedaby the Employer in Baltimore. Although it appears that
the Employer takes title to the cement at Martinsburg, the value of
the goods received in Baltimore includes transportation and other
charges.' We agree that the discount of 10 cents per barrel should not
be included. However, the Employer's operations meet the Board's
half-million-dollar standard for direct inflow even if the figure of
$469,829, urged by the Employer, is used, inasmuch as the Employer
adiiits to' additional'direc't'ihflow of'$51,659.99'
We therefore 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. The Employer's motion to dismiss
is hereby denied. %
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 parties agree and we find that the following employees con-
stitute a unit appropriate for collective bargaining within the mean-
ing of Section 9 (b) of the Act: All production and maintenance
employees employed at the Employer's Baltimore, Maryland, plant,
including all mixer men, tow-motor operators, machine men, platform-
truck operators, yard men, yard and machine men, maintenance men,
hand-cas`t' operatovs,,, the, plant-payroll timekeeper and the inventory
clerk, the maintenance dispatcher, and the shipping clerk, but exclud-
ing the charwoman, all office clerical employees, guards, all salesmen,
and all other supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Direction of Election.
2 See Aroostook Federation of Farmers, Inc , i 14 NLRB 538
2 South Florida Liquors Distributors, Inc, 113 NLRB 109.
4 Jonesboro Grain Drying Cooperative, 110 NLRB 481.