J. Segari & Co., 1159 (1962)

Docket Number:15-RC-01312

J. SEGARI & CO. 1159

J. Segari & Co. and United Packinghouse Workers of America,

CIO, Petitioner. Case No. 15-RC-1312. November 16, 1955 DECISION AND DIRECTION OF ELECTION

Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a,hearing was,held b6fore William W. Fox, hearingofficer. 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.

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

  3. A question affecting commerce exists 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 operates a wholesale produce business at two warehouses in New Orleans. The Petitioner requests a production and maintenance unit, including truckdrivers. As production employees the Petitioner would include boxmen, who work in the refrigeration boxes, repackers, and warehousemen. The truckdrivers also act as warehousemen when not driving trucks. These production employees, including truckdrivers, are paid $1 an hour and punch the time clock on the loading platform. Work is available for them 7 days a week. They have no established weekly holiday, although many of them take off on Saturday when work is light, and they get no paid vacation. Other hourly paid employees here involved are paid a higher wage, except one salesman, have an established weekly holiday, sick leave and a paid-vacation,-and keep their own time records.

The Employer would include, in :the unit certain salesmen or order takers whose pay ranges as high as $1.61 an hour and who were, at one time, paid on a salary basis. These employees take orders from customers, many of whom come in personally, and orders which come in by telephone are given them to fill. After they get an order, they ask the warehouse foreman for a man to help fill it, and, if the customer does not have his own truck, a truck in which to deliver it. They then tell the warehouseman or boxman.,assigned•to the job what to load.

In case of a rush of business these salesmen may also load things themselves, but their duties consist essentially of waiting upon customers, and they do not wear rough work clothes such as the warehouse employees and truckdrivers do. In addition to this group of 6 or 7...

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