Acme Fast Freight, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1948

80 N.L.R.B. 979 (N.L.R.B. 1948)

In the Matter of ACME FAST FREIGHT , INC., EMPLOYER and LOCAL 299,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA , PETITIONER
Case No. 7-RC-164.-Decided November 30, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. No 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, for the following reasons:
The Petitioner seeks to represent a unit of dockmen, truckers, check-
ers, route clerks, and freight handlers employed at the Employer's
Detroit, Michigan, freight terminal. The Employer and the Inter-
venor contend that the only appropriate unit is the present system-
wide unit of clerical and manual employees.
The Employer operates a Nation-wide system of 120 freight-for-
warding terminals. Its central office is located in New York City.
The Employer's policies concerning wages, working conditions, hours
of employment, and other matters emanate from its central office.
1 The hearing officer properly permitted the intervention of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers , Express and Station Employees , A. F. L., here-
inafter referred to as the Intervenor.
*Chairman Herzog and Members Reynolds and Gray.
80 N. L. R. B., No. 145.
817319-49-vol . 80-63 979
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Each terminal is operated by a general manager who directs both
clerical and manual employees. At its Detroit terminal, there are ap-
proximately 39 employees, whose classifications and duties are similar
to those of employees located at other terminals. The record dis-
closes that the Employer's operations require a high degree of inte-
gration and interdependence, each terminal acting as agent for other
terminals of the system in receiving and forwarding freight, and in
delivering particular shipments to ultimate consignees.
In 1937, the Employer and the Intervenor executed a contract cover-
ing all clerical and manual employees on a system-wide basis. The
contract, which is still in effect, provides for a uniform system of
wages,' vacations, seniority, hours of work, and other conditions of
employment of the Employer's 1,250 employees stationed throughout
the United States.3 Seniority, however, is exercised on a local basis.'
There is a single seniority group for both clerical and manual em-
ployees at each terminal.
As the Employer's operations are so closely integrated, and as all
its employees share a close community of interest and work under
substantially the same conditions of employment, we perceive no rea-
son to disturb the existing system-wide unit. We believe that a unit
confined to the Detroit terminal alone is, under the circumstances, too
limited in scope to be appropriate for the purposes of collective bar-
gaining .5 We shall, therefore, dismiss the petition.
ORDER
IT Is HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
2 There is a slight differential in rates of pay among certain terminals . The rate of pay
Is adjusted to the comparative cost of living indices of the localities in which the terminals
are located.
3 The Petitioner asserts that the emloyees whom it here seeks to represent have not been
effectively represented by the Intervenor since 1947, and offered some impressive testimony
to support this assertion The record discloses , however, that they have been included
within the terms of the Intervenor's system-wide contract with the Employer, and have
received the benefits of wage increases and modifications of the contractual provisions as
to overtime, sick leave , seniority , vacations, and promotion policy, negotiated with the
Employer by the Intervenor.
4 The record discloses that employees are transferred from one terminal to another quite
frequently . When transferred , an employee retains his seniority standing at his former
station tor 2 years
$ Matter of American Buslines, Inc ., 79 N. L R . B. 329; Matter of Tamiami Trail Tours,
Inc., 74 N. L. R. B. 918; Matter of T. S. C. Motor Freight Lines, 61 N. L. R. B. 638.