Curcie Brothers, Inc., 380 (1964)

1 ' DECISION ON REVIEW

.On August 6, 1963, the Regional Director for the Twelfth Region issued a Decision, Direction of Elections, and Order 1 in the above'The Order dismissed the petition as to Curcie Brothere Paving Co., Inc., which is no longer In business.

146 NLRB No. 44.

CURCIE BROTHERS, INC., ETC. 381 entitled proceeding, finding appropriate two separate,units, one encompassing employees of Curcie Brothers, Inc., Curcie .Brothers Trucking, Inc., and Beach Boulevard Service, Inc., and the other covering employees of Hallandale Rock' & Sand Co. Thereafter,

Curcie Brothers, Inc., Curcie Brothers Trucking, Inc., and Beach Boulevard Service, Inc. (hereinafter sometimes referred to collectively as the Employer),2 pursuant to Section 102.67 of the Board's Rules and Regulations, us amended, filed with the Board a timely request for review of the Decision and Direction of Elections solely with respect to unit No.,1, contesting the scope and composition of the unit found by the Regional Director.3 : The Board, by telegraphic order dated August 27, 1963, granted the request for review and stayed the election in unit No. 1, pending its decision on review. Thereafter, the Employer filed ,a supporting.brief.4

Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with this case to a threemember panel [Chairman McCulloch and Members Leedom and Fanning].

The Board has considered the entire record in this case, with respect to the Regional Director's determination under review, and makes the following findings :

The, Regional Director found, in accordance with the Petitioner's primary request, a unit of all employees working at or out of the Employer's plant at Hallandale, Florida, including truckdrivers, but excluding employees working at road construction projects outside Dade and Broward Counties, and employees at the LaBelle rock pit in Hendry County.' The Employer contends that the only appropriate unit should include all the Employer's employees wherever located.

The record indicates that the Employer's enterprise consists generally of two types of operations : (1) a relatively stabilized permanent operation involving transportation, maintenance, and quarrying; and (2) road construction and paving projects at various temporary sites.

Thus, the Employer has employees working at rock and sand pits in Broward County and at a quarry (LaBelle) located 110 miles away in Hendry Country. The trucking operation transports stone, sand, fill, and roadbuilding equipment, and it services, among others, the Employer's projects. The gas and. service station provides fuel, 2 Inc parties agreed that all three companies, which have common ownership and labor relations policies , constitute a single employer.

S An election was held in unit No. 2, as scheduled, and resulted in a certification of...