Extract
Intermountain Equipment Co., 1371 (1962)
with substantial interests in common with the garage and maintenance employees. Therefore, in accord with customary Board policy under which plant clerical employees are excluded from units comprised of office clerical employees, we shall exclude these employees from the office clerical unit which the Petitioner seeks to represent. However, as the Petitioner has indicated its desire to represent these employees, and inasmuch as they appear to constitute all the unrepresented plant clericals, we shall accord these employees an opportunity through an election to express their desire as to whether or not they desire to be included in the unit of maintenance and garage employees presently represented by the Petitioner.4
In accordance with the foregoing, we find that all office clerical employees at the Employer's Manchester, New Hampshire, terminal, including the assistant paymaster and cashiers, but excluding the paymaster, collections manager, claims agent, assistant claims agent, terminal manager, assistant terminal manager, office manager, private secretary, professional employees, 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 Act.We shall also establish a voting group comprised of all unrepresented plant clerical employees employed at the Employer's Manchester, New Hampshire, terminal, excluding all other employees and supervisors as defined in the Act. If a majority of the employees in the voting group vote for the Petitioner, they will be taken to have indicated their desire to be included in the unit comprised of the maintenance ,and garage employees currently represented by the Petitioner and the Regional Director shall issue a certification of results of election to such effect. If a majority in the voting group vote against the Petitioner, they will be deemed to have expressed their desire to remain outside the maintenance and garage employees' unit.[Text of Direction of Election omitted from publication.] MEMBERS MURDOCK and BEAN took no part in the consideration of the above Decision and Direction of Election.4 Wisconsin Motor Corporation, 100 NLRB 975, 976-977Intermountain Equipment Company and General Teamsters,Warehousemen and Helpers Local Union 483. Case No. 19-CA948. December 16, 1955 DECISION AND ORDEROn December 8, 1954, Trial Examiner James R. Hemingway issued his Intermediate Report in the above-entitled proceeding, finding that -1-14 Ni 1bB No. 214:the Respondent had engaged in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the copy of the Intermediate Report attached hereto. The Trial Examiner further found that the Respondent had not engaged in certain other unfair labor practices alleged in the complaint and recommended that the complaint be dismissed in those respects. Thereafter, the Respondent filed exceptions to the Intermediate Report together with a supporting brief.' The General Teamsters, Warehousemen and Helpers Local Union 483, hereinafter called the Union, filed a brief in support of the Intermediate Report. The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in the case, and hereby adopts the findings, conclusions, and recommendations of the Trial Examiner :For a number of years prior to 1953, the Respondent had regularly paid year-end bonuses to substantially all of its employees, including those currently represented by the Union. It had also maintained a practice of compensating its employees for absences due to sickness.In June 1953, the Union was certified by the Board as the exclusive bargaining representative for the warehouse employees and the parties commenced negotiations for a collective-bargaining agreement covering those employees. During negotiations the Union proposed, among other things, contract clauses providing for year-end bonus payments equivalent to 1 month's wages and guaranteed paid sick leave of 6 days per year. The Re...See the full content of this document
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