Oakland Scavenger Co.

National Labor Relations Board - Board Decisions

Apr 29, 1952

98 N.L.R.B. 1318 (N.L.R.B. 1952)

1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
OAKLAND SCAVENGER COMPANY 1 and SCRAP IRON AND METAL SALVAGE
AND WASTE MATERIAL WORKERS' LOCAL No. 1088, AFL, PETITIONER.
Case No. 20-RC-1646. April 29,1952
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, hearing
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-mem-
ber panel [Chairman Herzog and Members Murdock and Peterson].
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 em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion 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's operations consist of the collection and disposal
of garbage and waste material from commercial firms and residences
in the Oakland Bay area of California. As part of its garbage serv-
ice, the Employer operates 2 dumps, one in Alameda County, Cali-
fornia, and one at Russell City, California; a hog ranch in Alameda
County, California, known under the fictitious name of San Pablo
Livestock Company; and a rag and bottle salvaging operation in Oak-
land, California, known under the fictitious name of Bay City Rag and
Bottle Company. It also has a garage where its 100 trucks are housed
and maintained.
The Petitioner seeks a unit of all employees and helpers of the Em-
ployer, including those working at the dumps, but excluding those
working at the hog ranch 3 and rag and bottle operation,' and exclud-
' The Employer ' s name appears as amended at the hearing.
2 The Employer , a California corporation , Is engaged under contract in furnishing garbage
collection service for a number of cities and sanitary districts in the State of California.
Of an amount in excess of $1,000 , 000 earned by the Employer during 1950 from its garbage
collection service, an amount in excess of $100 ,000 was received for the disposal of waste
materials for commercial firms, who in turn shipped outside the State of California
products valued in excess of $25,000.
In accordance with our established policy and contrary to the contention of the Employer
we find that the Employer is engaged in commerce within the meaning of the Act , and that
it will effectuate the policies of the Act to assert jurisdiction. See Hollow Tree Lumber
Company, 91 NLRB 635 ; National Perishable Inspection Service , Inc., 97 NLRB 779.
' The parties agree that all employees and helpers at the hog ranch, other than share-
holders, are engaged only in agricultural work for the Company.
4 Employees and helpers at this operation have been since 1945 and now are represented
by the Petitioner in a separate bargaining unit.
98 NLRB No. 215.
OAKLAND SCAVENGER COMPANY 1319
ing office and clerical employees, shareholders, mechanics, and all su-
pervisors as defined in the Act. The Employer agrees with the com-,
position of the unit, except that it opposes the exclusion of
shareholders.
The shareholders in question, along with individuals known as
helpers, are engaged in the collection of garbage and pther waste ma
terial. A vice president is director of the trucking operation, and as
such has over-all charge of the trucks and of the shareholders and
helpers who man them. There are approximately 140 helpers, who
receive an hourly wage, and 208 shareholders, who receive a monthly
compensation which is approximately 50 percent higher than that of
the helpers assigned to the trucking operation. The trucking opera-
tion is divided into routes servicing from 400 to 450 customers.
Routes start from different locations. Each truck is manned by at
least 2 shareholders and a helper who report to work at a designated
starting point, at a specified time. Usually one of the shareholders
drives the truck and all participate in the loading process along the
route. The material thus collected is then hauled to the dumps where
salvable material is separated by helpers assigned to work at those
dumps, and the remainder is disposed of by bulldozers operated by
shareholders. Only shareholders operate the swill trucks which col-
lect garbage from restaurant routes and haul it to the hog ranch.
Shareholders are responsible for the fulfillment of their operations and
for the equipment used, and can make recommendations to the director
of truck operations regarding the operations as well as with respect
to the hiring and discharge of helpers. In addition to the trucking
and related duties shared with the helpers, the shareholders are re-
sponsible for the collection of bills for their routes. In this connec-
tion they keep books and records and give receipts for money col-
lected. This may be done at their convenience but must be completed
by the 15th of each month.
All except approximately 20 percent of the shareholders are inter-
related by family ties. Shareholders own an equal number of shares
of stock in the corporation and are empowered to vote and attend
shareholder meetings. All are required by the corporation bylaws to
devote their time exclusively to the Employer's business . All except
officers are also required to perform any duties assigned to them.
They receive an equal monthly compensation regardless of the type
of duties performed or the number of hours devoted to •the Employer's
business.
Ih view of these unusual circumstances we believe that the share-
holders have interests diverse from those of the nonshareholder em-
1320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees and may not appropriately be a part of the same collective
bargaining unit with such employees; b accordingly, we shall exclude
them from the unit hereinafter found appropriate.
We find that the following employees constitute a unit appropriate
for purposes of collective bargaining within the meaning of Section
9 (b) of the Act:
All employees and helpers of the Employer at its Oakland Bay
area, California, operations, including those working at the Employ-
er's dumps, but excluding those working at the hog ranch and rag and
bottle operation of the Employer, and excluding office and clerical
employees, shareholders, mechanics, and all supervisors as defined
in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
' Cf. Alderwood Products Corporation, 81 NLRB 136; Mutual Rough Hat Company, 86
NLRB 440.
KRAMBO FOOD STORES, INC. and GROCERY CLERKS UNION, LOCAL 1469,
RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL, PETITIONER.
Case No. 13-RC-9379. April 29, 1950
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the Act, a hearing
was held before Helene Zogg, hearing officer. 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 and the Intervenor, Allied Independent Union,
C. U. A., assert that the Board lacks jurisdiction over the Employer
because its operations are local in character and do not affect inter-
state commerce. The Intervenor also contends that jurisdiction
should not be asserted in this particular case because the Wisconsin
Employment Relations Board has already exercised jurisdiction over
the Employer and the employees here involved. In addition, the
Intervenor urges the Board to decline jurisdiction in this case because
the record fails to show that the activities of the five stores, whose
employees the Petitioner seeks to represent, affect interstate commerce.
The Employer is engaged in the operation of 22 retail food stores,
all located within the State of Wisconsin. - During 1950, its indirect
98 NLRB No. 208.