Walt Disney Co.

National Labor Relations Board - Board Decisions

Sep 25, 1992

308 N.L.R.B. 1040 (N.L.R.B. 1992)

1040
308 NLRB No. 148
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 Relevant portions of the Regional Director’s dismissal letter are
attached.
Disneyland/Div. of Walt Disney Co. and Merchan-
dise Service Union, Petitioner. Case 21–RC–
19057
September 25, 1992
ORDER AFFIRMING DISMISSAL
BY MEMBERS DEVANEY, OVIATT, AND
RAUDABAUGH
The Board has delegated its authority in this pro-
ceeding to a three-member panel, which has considered
the Petitioner’s request for review of the Regional Di-
rector’s administrative dismissal of the instant peti-
tion.1 The request for review is denied as it raises no
substantial issues warranting reversal of the Regional
Director’s action. Accordingly, the Regional Director’s
dismissal of the petition is affirmed.
APPENDIX
As a result of the investigation, it does not appear that fur-
ther proceedings on the petition are warranted inasmuch as
there is an insufficient basis to sever the proposed unit of
merchandise employees and merchandise marker employees
from the existing facility-wide unit presently covered by the
current collective-bargaining agreement, which unit has been
recognized for over 35 years. In this regard, the Board is re-
luctant to alter bargaining units where they are supported by
a long established bargaining history. Supermercados Pueblo,
203 NLRB 629, 630 (1973), and Motor Wheel Corp., 234
NLRB 358 (1978).
The investigation further discloses that, pursuant to the
current collective-bargaining agreement, all the employees
covered by the agreement share the same benefits, including
paid holidays, vacation accrual, pension, health and welfare,
uniforms, shift differential, and sick leave. Further, the wages
of the merchandise employees and merchandise marker em-
ployees are similar to those of the other classifications en-
compassed by the contract. The investigation also disclosed
that the operation of the Employer’s theme park is function-
ally integrated, and that merchandise that is offered for sale
at its retail locations is received and unloaded by shipping
and receiving employees at the warehouse, priced by the
merchandise marker employees, and the merchandise is then
delivered by shipping and receiving employees to the mer-
chandise employees at various retail sales locations through-
out the theme park. Thus, the petitioned-for unit employees
do not constitute a separate and distinct organizational de-
partment or a distinct or homogeneous group of employees.
Motor Wheel Corp., supra at 361. Inasmuch as the longstand-
ing bargaining history supports the parkwide unit and the
community of interest shared by the unit employees mitigates
against carving out a portion of the unit, I am dismissing the
petition in this matter.