Northwest Publications, Inc. v. National Labor Relations Board

Northwest Publications, Inc. (Northwest) petitions for review of an order of the National Labor Relations Board (NLRB). We vacate the order and remand to the NLRB.

Background

Northwest publishes two daily newspapers, The San Jose Mercury and The San Jose News. Robert O’Donnell, foreman of the newsprint warehouse since February 1978, is a member of Teamsters Local 296, Sales Delivery Drivers, Warehousemen and Helpers Union (Union). O’Donnell receives a ten percent pay premium for his duties as foreman. In addition to regular work duties, O’Donnell’s position as supervisor requires him to hire employees, set work schedules, determine if part-time help is needed, and assign overtime. O’Donnell also has responsibility for inventory, paper work associated with the newsprint warehouse, and determining work priorities in the warehouse.

Beginning in February, 1978, O’Donnell normally arrived at the warehouse thirty to forty-five minutes before the shift officially began. He unlocked the warehouse doors, walked through the warehouse and performed certain preliminary “prestart activities” so that work could begin smoothly when the shift started at 7 a. m. Those activities included one or…