Complete Auto Transit, Inc., 425 (1974)

Docket Number:09-RM-00704
 
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COMPLETE AUTO TRANSIT, INC Complete Auto Transit, Inc., Employer-Petitioner and Truck Drivers, Chauffeurs & Helpers Local Union No. 100, International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America. Case 9-RM-704

October 30, 1974 DECISION ON REVIEW AND DIRECTION OF

ELECTION

BY MEMBERS JENKINS, KENNEDY, AND PENELLO On December 18, 1973, the Acting Regional Director for Region 9 issued a Decision and Order in the above-entitled proceeding in which he dismissed the petition on the ground that the seven individuals whom the Union claims to represent are supervisors as defined in the National Labor Relations Act.

Thereafter, pursuant to the provisions of Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, the Union filed a timely request for review of the Acting Regional Director's Decision on the grounds that, in finding six of the individuals involved to be supervisors, he departed from officially reported Board precedent and made findings of fact which are clearly erroneous. The Employer filed a brief in opposition thereto.

By telegraphic order dated February 28, 1974, the request for review was granted. Thereafter, the Employer filed a brief on review.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the entire record in this case with respect to the issues under review, including the arguments in the request for review, the brief in opposition thereto, and the brief on review, and finds that a question affecting commerce exists concerning the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act, for the following reasons:

The Union contends that the Regional Director erred in finding that the six I disputed individuals it claims to represent have similar responsibilities and authorities; particularly, that all assign and direct work using their own initiative, initiate discipline proceedings, and effectively recommend hiring and firing of employees.

1 Charles Adams, the seventh individual whom Petitioner sought to represent, is now conceded by it to be a supervisor 425

The Employer is engaged in the interstate transportation of new cars by truck trailer for General Motors Corporation, herein called GM. Its Norwood and Sharonville, Ohio, terminals alone are here involved. The Norwood terminal, located near a GM plant, is the center of these operations. The Sharonville facility, 8 miles distant, covers about 13 acres.

Cars are shuttled there on five-car carriers from the nearby GM plant, or are sent there by rail from other GM plants, for storage prior to being transported by the Employer. There are only 5 employees assigned to work at Sharonville, while approximately 225 work at or out of the Norwood terminal. Apart from nine unrepresented office clerical employees and the six individuals here in dispute, the remaining employees have a history of collective bargaining. The Union currently represents a unit of drivers, yardmen, checkers, inspectors, gas men, rail unloading employees, and dispatchers employed at these operations; and International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge No. 804, herein called IAM, represents a unit of mechanics, helpers, garage servicemen, washers, and porter-janitors at the Norwood terminal.2

The individuals sought herein by the Union, and found by the Acting Regional Director to be supervisors, are Lynn Cromley and Ray Storm, classified as shop foremen; Frank Courtney, the parts manager:

Larry Steele, the operations supervisor; and Edward Reddick and Roy Mason, classified as dock foremen.

Occupying agreed supervisory positions are Branch Manager Robert Lewis, who has overall responsibilities with regard to the operations involved; Operations Superintendent John Walker; Maintenance Superintendent Ken French, responsible for two-shift truck maintenance operations at Norwood; and Charles Adams, branch supervisor, responsible for loading and unloading operations.

Storm and Cromley, shop foremen at Norwood, report to French. Storm has II mechanics, a tireman, and a porter working under him on the first shift, 6 a.m. to 2:30 p.m...

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