Quadrex Environmental Co., 101 (1992)

Docket Number:12-RC-07519

Quadrex Environmental Company, Inc. and Oil, Chemical and Atomic Workers International Union, AFL-CIO, Petitioner. Case 12-RC-7519

July 31, 1992



The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel, which has considered the Employer's request for review of the Acting Regional Director's Decision and Direction of Election. The request for review is granted as it raises substantial issues warranting review. Having carefully reviewed the entire record, we find, contrary to the Acting Regional Director, that the field service employees designated as ''leads'' are not statutory supervisors. Accordingly, they shall be included in the unit found appropriate.

The Acting Regional Director based his conclusion that leads are supervisors on his finding that they exercise independent judgment in assigning work and overtime, providing ''verbal'' evaluations of employees, suspending employees for poor performance, and resolving grievances.1 We find there is insufficient evidence, however, to support his finding that the leads in question exercise independent judgment in performing those functions. Rather, they operate within parameters that have been defined by management.

With respect to making assignments, the leads follow a detailed project plan that has been put together by management. That plan provides a performance schedule and the leads assign employees according to staffing needs that have already been set by management to provide the skills needed for the job. Thus, the leads here serve in a manner similar to those in McCullough Environmental Services, 306 NLRB 565 (1992), as routine communicators of instructions. Like the leads in McCullough, the Employer's leads assign tasks that are predetermined by management. As in Hydro Conduit Corp., 254 NLRB 433, 436 (1981), the Employer's leads carry out their jobs under the direction of management according to a schedule that has been established by management. If the leads encounter nonroutine problems, they must report them. Under such circumstances, employees lack sufficient discretion to be statutory supervisors. Id. at 438. The Board has previously noted that when employees have specific skills and management prepares a master schedule based on those skills, assignment of daily jobs...

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