Hollister & Co.

National Labor Relations Board - Board Decisions

Jul 12, 1951

95 N.L.R.B. 167 (N.L.R.B. 1951)

HOLLISTER & COMPANY 167
Order
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
Fdismissed.
JOSEPH AND ALICE GABRIEL D/B/A HOLLISTER & COMPANY and INTER-
NATIONAL UNION OF OPERATING ENGINEERS , STATIONARY LOCAL 39,
AFL, PETITIONER . Case No. 20-RC-1115. July 12,1951
Supplemental Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Robert V. Magor, hear-
ing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
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. The question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit consisting of the Employer's station-
ary engineers and ice pullers at its Hollister, California plant, exclud-
ing supervisors. The Employer does not object to the unit sought.
The Employer is engaged in the manufacture and sale of ice. The
Employer's plant consists of a locker room, a cold storage room, a
cutting room, and a room known as the "ice plant," where the em-
ployees sought by the Petitioner are engaged in manufacturing ice,
loading ice into trucks, taking temperature and gauge readings, and
operating the fork lifts. These employees are also called upon to do
the work necessary for the operation of the cold storage room.
' In Its Decision and Order of December 7, 1950 , in this case ( 92 NLRB No 99), the
Board dismissed the instant petition on jurisdictional grounds. Subsequently, on
February 19, 1951 , the parties filed a stipulation that the record be reopened and that
the Board consider additional evidence supplied in the stipulation relating to the
Employer ' s operations in commerce . An additional stipulation containing further com-
merce data was submitted by the parties on May 2, 1951 . Pursuant to these stipulations
the Board has reopened the record and has determined , on the basis of the stipulated
evidence , that the Employer during 1950 supplied services and goods valued in excess
of $50 , 000 to employers each of whom annually ships more than $25 , 000 worth of goods
out of State we find, therefore , contrary to our finding in the Decision and Order of
December 7, 1950, that it would effectuate the policies of the Act to assert jurisdiction
in this case Hollow Tree Tumber Company , 91 NLRB 635 . Accordingly , the Decision
and Order of December 7, 1950 , is hereby vacated, and the petition is reinstated.
95 NLRB No. 23.
168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The only issues in this case relate to the inclusion in the unit of the
night superintendent and the determination of the supervisory status
of Webster Spragg.
Spragg 2 performs the same duties as the other employees, under
the supervision of the plant manager. In the absence of the manager,
he directs the other employees and has the power to discharge them,,
subject to review of the discharges by the plant manager upon his
return. There was no evidence, however, as to the frequency of the
manager 's absences from the plant. Under these circumstances, and.
upon the entire record, we find that Spragg is not a supervisor and
will include him in the unit.
The night superintendent 3 is employed in the locker room, under
the direct supervision of the plant manager. He is employed from
4 p. m. to 10 p. in., to sweep out the locker room, close it up at night,
and watch for intruders. He also spends about 2 hours of his working
day watching and regulating the valves in the "cold room." We find,
upon the record, that the night superintendent spends the major por-
tion of his time in performing the duties of a guard, and will there-
fore exclude him from the unit.
We find that all the stationary engineers and ice pullers at the
Employer's Hollister, California, plant, excluding the night super-
intendent, the butcher,' office employees, and supervisors, constitute
a unit appropriate for -collective bargaining purposes within the
meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
2 Although no party contended that Spragg is a supervisor , evidence was taken bearing
on his authority over the other employees.
8 The parties took no position on the inclusion of this employee, but submitted the
question to the Board.
* The parties agreed to the exclusion of this employee from the unit.
NATIONAL CYLINDER GAS COMPANY or TEXAS and OIL WORKERS IN-
TERNATIONAL UNION, CIO, PETITIONER . Cases Nos. 16-RC-69f
and 16-RC-734. July 12, 1951
Decision and Direction of Election
Upon petitions duly filed-under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before H. Carnie
Russell, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.'
1 The hearing officer granted the Petitioner 's motion to amend its petition with respect
to the description of the appropriate unit. The Employer objected to the hearing officer's
ruling on the ground that it did not comply with the Board's regulations concerning
95 NLRB No. 26.