Pacific Intermountain Express Co., 480 (1962)

WE WILL withdraw from, and will give no effect to, the'Submission Agreement' which we entered into with International Brotherhood of Electrical Workers, Local Union No 1710, affiliated with American Federation of Labor, on or about December 5, 1951, and will withhold from IBEW any other illegal support, assistance, and recognition as representative of the employees in the above-described bargaining unit WE WILL NOT encourage membership in IBEW nor discourage membership in UE WE WILL NOT in any other manner interfere with, restrain, or coerce our employees in the exercise of the right to self-organization, to form labor organizations , to join or assist United Electrical, Radio & Machine Workers of America, (UE) Local 1421, or any other labor organization, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection or to refrain from any and all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment, as authorized in Section 8 (a) (3) of the Act.

All our employees are free to become or remain members of United Electrical, Radio & Machine Workers of America, (UE) Local 1421, or any other labor organization We will not discriminate in regard to hire or tenure of employment or any term or condition of employment against any employee because of membership in or activity on behalf of any labor organization.

PRYNE & COMPANY, INC.,

Employer.

(Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must be altered, defaced, or covered by any other material.

PACIFIC INTERMOUNTAIN EXPRESS CO. and OFFICE EMPLOYEES INTERNATIONAL UNION, LOCAL NO. 29, AFL,' Petitioner PACIFIC INTERMOUNTAIN EXPRESS CO . and PACIFIC INTERMOUNTAIN EXPRESS OFFICE EMPLOYEES ASSOCIATION,2 Petitioner . Cases Nos. 20 -RC-2061 and 20 -RC-2064.

June 9, 1953 DECISION AND DIRECTION OF ELECTIONS

Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Shirley N. Bingham, hearing 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 commerce within the meaning of the Act.

   'Hereinafter referred to as AFL 2 Hereinafter referred to as the Association.

   The AFL moved to amend its petition to limit the unit it sought to represent to the office clerical employees of the Emoryville terminal The hearing officer referred the motion to the Board for ruling. The motion is granted.

   105 NLRB No. 54

   PACIFIC INTERMOUNTAIN EXPRESS CO. 481

2. The labor organizations involved claim to represent certain employees of the Employer.4

3. Questions affecting commerce exist 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 Employer is engaged in interstate trucking under an Interstate Commerce Commission certificate . Its central office is located in Oakland , California . It has terminal facilities located in Emoryville , California, 3 miles away , and in other cities in California . It also has terminal facilities in Nevada,

   Utah, Colorado , Kansas, Missouri , and Illinois.

   The Association , Petitioner in Case No . 20-RC-2064, seeks a unit composed of all office clerical employees employed at the Oakland general office and at the Emoryville terminal . The AFL,

   Petitioner in Case No . 20-RC-2061 , seeks a unit composed of all office clerical employees at the Emoryville terminal.

   There are factors supporting the appropriateness of the unit sought by the Association . Thus, the skills required of the terminal employees and their duties are similar in nature to those required of the general office employees . The record indicates that wage rates between the 2 offices are comparable and that there is some interchange of employees between the 2 groups.

   The general office and the Emoryville terminal are located only 3 miles apart. The Employer testified that because of its proximity to the general office , the Emoryville terminal is used as a testing ground for new personnel and administrative techniques before they are introduced throughout the system . The two groups of employees are subject to the same ultimate supervision. Furthermore the general office personnel division oftentimes screens new employees to be hired at the Emoryville terminal.

   On the other hand , certain other factors support the appropriateness of a separate unit confined to the office clerical employees at the Emoryville terminal. Thus , the terminal office clerical employees are concerned mainly with the movement of freight and the preparation of freight bills and bills of lading, whereas the general office clerical employees are engaged in administrative and clerical duties pertaining to all terminals, including the Emoryville terminal , and the overall operations of the Employer . The Employees of the two groups are under different immediate supervision . The district manager in charge of the terminal office has complete authority over the hiring and discharge of terminal employees . The terminal employees are required to work on Saturdays , Sundays, and on night shifts , whereas the general office employees are not.

   There is no history of collective bargaining on either a singleplant or multiplant basis.

   We find that the Association exists for the purpose, in whole or in part, of dealing with employers concerning grievances , labor disputes , wages, rates of pay, hours of employment, or conditions of work and is therefore a labor organization within the meaning of the Act.

   In view of the foregoing and on the entire record, we are of the opinion that the Emoryville terminal office clerical employees may by themselves constitute an appropriate units or that the office clerical employees of the Emoryville terminal and the general office may together constitute an appropriate unit.6

   However we shall make no final unit determination at this time, but shall direct that the questions concerning representation which have arisen be resolved by separate elections by secret ballot among the employees in...