Laerco Transportation, 324 (1984)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD

Laerco Transportation and Warehouse; California Transportation Labor, Inc,; American Management Carriers, Inc,; Cal-American Transport,

Inc. and International Longshoremen's and Warehousemen's Union, Petitioner. Case 21RC-17087

21 March 1984 DECISION AND ORDER

BY MEMBERS ZIMMERMAN, HUNTER, AND DENNIS

On 21 January 1983 the Regional Director for Region 21 of the National Labor Relations Board issued his Decision and Direction of Election in the above-entitled proceeding.' The Regional Director found that Laerco Transportation and Warehouse, herein Laerco, and California Transportation Labor, Inc., herein CTL,2 were joint employers,3 and that the following employees of the employers constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act:

All production and maintenance employees, including lift operators, shipping and receiving employees, warehousemen and dock employees and drivers employed jointly by Laerco Transportation and Warehouse, and California Transportation Labor, Inc., at facilities located at 14000 East 183rd Street, La Palma, California; 410 West Carob, Compton, California; and 1925 Vernon Avenue, Vernon, California; excluding all other employees, office clerical employees, guards and supervisors as defined in the Act.

Thereafter, in accordance with Section 102.67 of the Board's Rules and Regulations Laerco filed a timely request for review of the Regional Director's decision, contending that in finding Laerco and CTL to be joint employers the Regional Director departed from established Board precedent and that such a finding was not supported by the International Union of Petroleum and Industrial Workers, Seafarers' International Union of North America, AFL-CIO, intervened herein on the basis of a recently expired collective-bargaining agreement with California Transportation Labor, Inc.

' The parties stipulated that CTL, American Management Carriers,

Inc., and Cal-American Transport, Inc. are a single employer for purposes of this proceeding.

3 The Petitioner initially sought a unit of all production and maintenance employees employed by Laerco, RHF, and Winston at the abovementioned locations, asserting that those employers and CTL in various combinations are either single or joint employers of the employees performing warehouse and driver functions at those locations. The Regional Director rejected the contention that either Winston or RHF was a joint employer or single employers with Laerco or CTL. At issue is whether Laerco is, in fact, a joint employer with CTL, apart from the unit issue raised by the requests for review.

269 NLRB No. 61 record. The Intervenor filed a timely request for review of the Regional Director's conclusion that Laerco and CTL are joint employers as...