Hunt & Mottet Co., 285 (1973)

HUNT & MOTTET CO. 285

Hunt & Mottet Company and Teamsters, Chauffeurs,

Warehousemen and Helpers Union Local No. 313, affiliated with - the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Independent, Petitioner. Case 19RC-6677

October 4, 1973 DECISION AND DIRECTION OF ELECTION

BY CHARIMAN MILLER AND MEMBERS FANNING

AND PENELLO

Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Lynne C. Litwiller of the National Labor Relations Board. Following the close of the hearing the Regional Director for Region 19 transferred this case to the Board for decision.

Thereafter, the Petitioner and the Employer filed briefs.

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 reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.

Upon the entire record in this proceeding, the Board finds:

1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein.

2. The labor organization involved claims to represent certain employees of the Employer.

3. 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.

4. Petitioner seeks to represent a residual unit of buyers, commission salesmen, salaried salesmen, and a printer, being all of the unrepresented employees at the Employer's Tacoma, Washington, wholesale hardware distributing facility. The Employer contends that the requested unit is inappropriate because the 6 buyers and 22 commission salesmen should be excluded from the unit while the remaining salaried salesmen and printer should be included in a clerical unit already represented by Petitioner.

The buyers are vested with a substantial degree of discretion in their decisions and are able to pledge large amounts of Employer's credit. These buyers are 'managerial' employees who- are entitled to the protection of the-Act.' Nonetheless, we have consistently held that managerial employees should be excluded from bargaining units of other types of employees 2

We find that the commission salesmen are...