York Cold Storage

National Labor Relations Board - Board DecisionsAug 19, 1980

251 N.L.R.B. 341 (N.L.R.B. 1980)

YORK COLD STORAGE 141 York Cold Storage and General Drivers & Helpers Union, Local No. 554, affiliated with Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Petition- er. Case 17-RC-8983 August 19, 1980 DECISION AND CERTIFICATION OF REPRESENTATIVE BY CHAIRMAN FANNING AND Mt MBE.RS JENKINS AND PENEI.I.O Pursuant to a Stipulation for Certification Upon Consent Election executed by the parties and ap- proved by the Acting Regional Director on March 21, 1980, an election by secret ballot was conduct- ed in the above-entitled proceeding on March 26, 1980. Upon the conclusion of the election, a tally of ballots served on the parties showed that there were approximately eight eligible voters, and that four cast ballots for and three against the Petition- er. There were three challenged ballots, which were sufficient in number to affect the results of the election. Thereafter, the Employer filed timely objections to conduct affecting the results of the election. In accordance with the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Regional Director conducted an investigation of the issues raised by the challenged ballots and the objections, and, on April 25, 1980, issued and served on the parties his Report on Objections and Challenged Ballots and Recommendations. In his report, he recommended that the Employer's ob- jections be overruled in their entirety, that the bal- lots of Ivan L. Little and Jeffrey R. Gaede be sus- tained, and that the challenge to the ballot of James S. Price be overruled. Thereafter, the Em- ployer filed timely exceptions to the Regional Di- rector's recommendation that the objections be overruled and to his conclusion with respect to the ballot of James S. Price. 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 Board had considered the Regional Direc- tor's report and the exceptions thereto, and hereby adopts the recommendations of the Regional Di- rector,' as modified herein. 2 ' In the hsence of rxccpion , ke adopl, pro tjirm , he Regional )1- recltlr' recomtmenlldatllon to ) IlSmlll chh;llellge to lic hllots of I itle and Gaede 2 In affirming the Regioll D)lreclor' ron lldatl O I . tooe rrll (h Jecilln i, t. find 1t iece,,ar, to cJa rif , i ,talll icnt1m 1 ale i Ihk Re- gional irector ill his report '.h rctil htc ated that a ii' cpa pr artl(lk 251 NLRB No. 54 In recommending that the challenge to the ballot of James S. Price be overruled, the Regional Di- rector concluded that Price's duties in warehouse 2 were essentially of a routine nature, reflecting his status as a long-term employee with greater knowl- edge of the Employer's operations. : The Employer contends that the Regional Direc- tor's finding is in direct conflict with three sorn employee affidavits. The uncontradicled evidence shows that Price was classified as the supervisor of warehouse 2. Before Price took this position, there was no one designated supervisor for this are- house. As a result, the Employer utilized superxi- sors from warehouse 1 to direct the employees at warehouse 2. At the time of Price's hire. the other employees were advised of his supervisory authori- ty and were directed to take orders from him \while working in warehouse 2. Price works in warehouse 2 a total of 20 hours per week. He decides when he will go to the ware- house and which men he will take with him, but he must notify the supervisor of warehouse I of his choices. While at warehouse 2, 50 percent of Price's time is spent performing bargaining unllit work. During the remainder of the time, Price oversees the work of two or three employees as they move and load items which come in to the warehouse. In his capactiy as supervisor of warehouse 2, Price has the authority to reprimand employees. When he feels that they are not capable of han- dling the work, he may send them back to ware- house I and request replacements. Price also has the authority to recommend raises for employees. Based on the foregoing, we find, in agreement with the Employer, that Price is a super isor within the meaning of Section 2(11) of the Act.4 and the challenge to his ballot is sustained. Accord- ingly, we shall issue a Certification of Representa- tive. CERTIFICATION OF REPRESENTATIVE It is hereby certified that a majority of the valid ballots have been cast for General Drivers & Help- ,oliCerlnilg .1i1 i rit rllCe'S IlIr olIy 1 ill IIll 1 ; L . kbl i k s icr1ti. tl i , ilO d 01l Ihe m11m rlc, % 1 ji 1 . )rller crlenlhcr llt tir, ) i, rm)lCc HIiIIIg I[i F lll , 'i t II] the II tii prt.cclicig t,[ illrll , tI Tliel Rt l 1 )lr hl l .i t'aI 1eln t liril ri nell I Ih e .Irtl Ic i, 1wl Il>w %,1Ill ti 111 Ii:>t 1 ,t"pi ,Hll ll I i11JL ,\ er tertither P'etnillo grcc, e. it1l hl i o il Ill 111c t.lll , ll. r tllll I l rl I rlph rs ( cnip ll i .... I 1l- ", ,irrr ii n ,, e i, ti tI l. t1 ll I r Jlids to! i ll I Ii l l t r l l lo i, I iTi n l / ,,"i I[ir /,I, 22S NI RIt I I tl i' piUl pl'l'. Ii - , Il I, I 11 .ln kh li See 1lS t si e Illl ti pill , ll I I I (,, re/; [I 0, . t A , ; i ;! r : iI , 2 [ NI k t Ito1-,?(I ( ,rri.,rnll rl, 20' N I R I 11 {4 I 'I + I JJn,? tr,:,- ( ,irz r 2i 12 NI Rig '4i f [I-- 342 DECISIONS OF NATIONAL LABOR RELATIONS BO)ARD ers Union, Local No. 554, affiliated with Interna- tional Brotherhood of Teamsters, Chauffeurs, War- ehousemen & Helpers of America, and that, pursu- ant to Section 9(a) of the Act, the foregoing labor organization is the exclusive representative of all employees in the following appropriate unit for the purposes of collective bargaining: All full-time and regular part-time warehouse employees employed by the Employer at its York, Nebraska, facility, but excluding all office clerical workers, guards, watchmen, professionals, supervisory employees as de- fined in the Act, and all other employees.