Callaway Cartage Co.

National Labor Relations Board - Board Decisions

Mar 16, 1945

60 N.L.R.B. 1231 (N.L.R.B. 1945)

In the Matter of CALLAWAY CARTAGE COMPANY and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELP-
ERS OF AMERICA, LOCAL 47. A. F. OF L.
Case No. 16-R-1165.-Decided March 16, 1945
Mr. Clarence L. Calloway, of Fort Worth, Tex., for the Company.
Mr. W. F. Derden , of Fort Worth, Tex., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers of America, Local 47, A. F.
of L., herein called the Union, alleging that a question affecting com-
Inerce had arisen concerning the representation of employees of Cal-
laway Cartage Company, Fort Worth, Texas, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Elmer Davis, Trial Examiner.
Said hearing was held at Fort Worth, Texas, on February 23, 1945.
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine, and cross- examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Callaway Cartage Company is engaged at Fort Worth, Texas, in
local pick-up and delivery service ,for English Freight Company. The
Company owns 5 pick-up and delivery trucks, and handles approxi-
60 N. L . R. B., No. 211.
1231
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mately 2,000,000 pounds of freight monthly. All freight picked up
,by the Company is done so on English Freight Company bills of lad-
ing and delivered to the freight house of the English Freight Com-
pany, which in turn delivers the freight to various points within the
States of-Texas and Oklahoma. All freight consigned to Fort Worth,
Texas, via English Freight Company, is delivered from the freight
house of that company to the consignees by the Company on English
Freight Company freight bills., English Freight Company's gross
income is in excess of $1,200.000 annually, approximately $50,000 worth
.of which is derived from shipments by the English Freight Company
from points in one State to points in another State, or from freight
which is delivered to it by other carriers from points outside the
State of Texas.
We find that the Company's business affects commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, Local 47, is a labor organization, affiliated
with the American Federation of Labor, admitting to membership
'employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 20, 1944, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all pick-up and de-
livery truck drivers and dockmen of the Company, excluding clerical
employees and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
' The Field Examiner reported that the Union presented 4 membership application cards.
There are approximately 6 employees in the appropriate unit.
CALLAWAY CARTAGE ' COMPANY 1233
appropriate for the, purposes of collective bargaining , within the
meaning of Section 9 ( b) of the Act.
V. THE' DETERMINATION OF REPRESENTATIVES
We shall .direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (o) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Callaway Cartage
Company, Fort Worth, Texas, an election by secret ballot shall be
conducted as early as possible, but not later than sixty ( 60) days
from the date of this Direction , under the direction and supervision
of the Regional Director for the Sixteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the , employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction , including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the
election , to determine whether or not they desire to be represented by
International Brotherhood of Teamsters, Chauffeurs , Warehousemen
& Helpers of America, Local 47, A. F . of L., for the purposes of
collective bargaining.
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