Land-O-Sun, L.L.C.

Case Number: 05-UC-000405

Date Filed: 04/06/2010

Status: Closed

No. of Employees: 90

Location: Richmond, VA

Region Assigned: Region 05, Baltimore, Maryland

Unit Description: ATTACHMENT A TO LAND-0-SUN, L.L.C. UNIT CLARIFICATION PETITION The NLRB certification in case no 5-RC-16284 Included the following description of the relevant bargaining unit: INCLUDED: All full-time and regular part-time operators including filler operators, relief operators, pasteurizer operators, pasteurizer relief operators, forklift relief operators, inventory control employees, utility grounds control employees, maintenance employees, quality control employees, truck drivers (jockeys) and plant clerical employees employed by the Employer at its Richmond, Virginia facility, EXCLUDED: All office clerical employees, managerial employees, professional employees, guards and supervisors as defined in the Act. (emphasis added.) The Recognition Clause in the Parties' recently agreed-to collective bargaining agreement provides (in relevant part): Section - Recognition. The Company recognizes the Union as the exclusive collective bargaining agent in respect to wages, hours and working conditions for its full-time filler operators, relief operators, pasteurizer operators, pasteurizer relief operators, crate room operators, Forklift operators, Forklift Relief Operators, Warehouse employees, Utility Grounds employees, Maintenance employees, Quality Control employees, Truck Drivers (Jockeys), and Plant Clerical employees employed at its Richmond, Virginia production facility located at 1505 Robin Hood Road, as certified in NLRB Case No. 5-RC-16284; BUT EXCLUDING office clerical employees, managerial employees, professional employees, temporary employees, guards and supervisors. (emphasis added.) These descriptions differ from one another only slightly. One point on which these descriptions clearly agree is that "plant clerical employees" are included in the unit represented by the Union and "office clerical employees" are excluded from the unit represented by the Union. There are approximately five (5) clerical employees whose statu