Extract
Ready Mix, Inc., 1189 (2002)
Ready Mix, Inc. and Teamsters, Chauffeurs, Warehousemen & Helpers, Local 631 affiliated with International Brotherhood of Teamsters, AFL- CIO. Case 28-CA-14984
August 1, 2002 DECISION AND ORDER BY CHAIRMAN HURTGEN AND MEMBERS LIEBMAN AND BARTLETT On September 27, 1999, Administrative Law Judge Frederick C. Herzog issued the attached decision. The General Counsel filed exceptions and a supporting brief and the Respondent filed a brief in opposition to the General Counsel's exceptions. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions, as modified below, and to substitute a new Order for that of the judge. 1. In dismissing four allegations of violations of Section 8(a)(1), the judge relied solely on the ground that the General Counsel failed to establish that Dave Hampton was a supervisor under Section 2(11) of the Act. In adopting the judge's dismissal of these allegations, we also rely on the lack of merit in the complaint allegation, renewed by the General Counsel in his exceptions, that Hampton was an agent of the Respondent. The Respondent is in the business of providing ready-mix concrete to construction sites. It employs employees who mix concrete and transport the concrete in trucks to the jobsite. The General Counsel contends that mixer/driver Hampton was the Respondent's agent when it assigned him temporarily to perform the duties of a "field representative" or coordinator. We find no merit to that contention because there is no evidence that performance of field representative duties is, or was perceived by employees to be, a managerial or supervisory function. As the judge found, the field representative or coordinator merely relays and helps implement customer instructions at the jobsite where cement is to be delivered. Moreover, Operations Manager Michael Ramsey testified that all driver/mixers are expected to perform such field duties if they are the first to arrive at the job-1 The General Counsel has excepted to some of the judge's credibility findings. The Board's established policy is not to overrule an administrative law judge's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Standard Dry Wall Products, 91 NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951). We have carefully examined the record and find no basis for reversing the findings. site and can facilitate customer needs upon their arrival. Accordingly, Hampton's temporary performance of such nonmanagerial duties was insufficient to make him an agent of the Respondent. As the judge also found, Hampton made various claims to employees that he had authority to direct work and to coordinate job tasks. There is no evidence, how-ever, that the Respondent either conferred this authority...See the full content of this document
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