Carolina Scenic Coach Lines

National Labor Relations Board - Board Decisions

Jul 18, 1941

33 N.L.R.B. 528 (N.L.R.B. 1941)

In the Matter Of CAROLINA SCENIC COACH LINES and AMALGAMATED
ASSOCIATION OF STREET , ELECTRIC RAILWAY & MOTOR COACH EM-
PLOYEES OF AMERICA
Case No. R-2621-Decided July 18,1941
Jurisdiction : passenger and freight motor transportation industry.
Investigation and Certification of Representatives : existence of question: dis-
pute between Company and union as to appropriate unit; election necessary.
Unit Appropriate for Collective Bargaining : drivers on one of Company's lines
excluding mechanics, supervisors, dispatchers, and clerical help held to con-
stitute an appropriate unit notwithstanding Company's contention that unit
should include drivers of separate line operated by Company ; two drivers
excluded as being part-time supervisors.
Mr. L. 147. Perrin, of Spartanburg, S. C., for Scenic.
Mr. W. E. Whitt, of Atlanta, Ga., for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 3, 1941, Amalgamated Association of Street, Electric Rail-
way & Motor Coach Employees of America, herein called the Union,
filed with the Regional Director for the Tenth Region (Atlanta, Geor-
gia) a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Carolina Scenic Coach
Lines, Spartanburg, South Carolina, herein called Scenic, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On May 17, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On May 29, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon Scenic and the Union. Pur-
suant to notice, a hearing was held on June 6, 1941, at Spartanburg,
South Carolina, before Earle K. Shawe, the Trial Examiner duly desig-
33 N L R. B, No 101.
528
CAROLIN 'A SCENIC COACH LI'NE'S 529
nated by the Chief Trial Examiner. Scenic and the Union were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Carolina Scenic Coach Lines is an individual proprietorship owned
by McDuff Turner and managed by Hamish Turner, his son. Hamish
Turner owns and operates, in conjunction with Scenic, Carolina Stages,
herein called Stages. Both Scenic and Stages have their principal
office in Spartanburg, South Carolina, and are engaged in the business
of intrastate and interstate transportation of passengers and freight
by motorbus.' Both Scenic and Stages connect with other bus lines
which carry passengers to various States other than South Carolina.
During 1'940 Scenic's receipts were $169,561.56 of which about 20 percent
was derived from interstate operation.
II. THE ORGANIZATION INVOLVED
Amalgamated Association of Street, Electric Railway & Motor Coach
Employees of America is a labor organization affiliated with the Ameri-
can Federation of Labor, and the Trades and Labor Congress of
Canada, admitting to membership employees of Scenic.
III. THE QUESTION CONCERNING REPRESENTATION
In March 1941 the Union informed Scenic that it represented a ma-
jority of Scenic's employees in the alleged appropriate unit. Scenic
refused to recognize the Union on the ground that the unit desired was
inappropriate. A statement of the Trial Examiner discloses that the
Union represents a substantial number of employees of Scenic.2
1 Scenic operates seven runs or routes . Six of them are interstate , between the fol-
lowing points : two runs from Asheville , North Carolina , to Columbia , South Carolina, and
two from Spartanburg , South Carolina , to Augusta , Georgia ; each by different routes ;
one from Spartanburg to Marion , North Carolina ; and one from Spartanburg to Shelby,
North Carolina Stages operates five runs or routes, two of them interstate as follows :
one from Anderson , South Carolina , to Charlotte, North Carolina , and one from Columbia,
South Carolina , to Charlotte, North Carolina.
2 The Trial Exanimer stated that 20 applications for membership in the Union were
submitted to him, 15 dated February 28, 1941 , and 5 dated March 1, 1941 , all bearing
apparently genuine original signatures Thirteen signatures are the names of persons
on Scenic ' s May 30, 1941 , pay roll . There are 25 on that pay roll within the alleged
appropriate unit.
530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning the representation of
employees of Scenic.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of Scenic , described in
Section I, above, has a close , intimate , and substantial relation to trade,
traffic, and commerce among the several States and tends to lead to
labor disputes burdening and obstructing commerce and the free flow
of commerce.
V. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should consist of the
drivers employed by Scenic, excluding mechanics, supervisors, dis-
patchers, and clerical employees. Scenic insists that the appropriate
unit should include the drivers of Stages, in addition to those of Scenic.
The two lines are operated under separate Interstate Commerce
Commission permits. McDuff Turner is owner of Scenic; Hamish
Turner is owner of Stages. Both lines are managed by Hamish Turner
from an office in Spartanburg. Separate records are maintained for
each. Hamish Turner receives a salary and in addition any profit
from the operations of Stages. McDuff Turner apparently takes no
active interest in the operation of either line but receives the profits
from Scenic. The management contends that both lines are in fact
one enterprise and that separate identities are maintained only for the
purpose of allocating profits between the owners.
The two lines operate 26 busses, some bearing the name of Scenic,
some that of Stages. They are used interchangeably on either line.
All Scenic runs pass through Spartanburg. The Stages runs, however,
do not. The management insists that, Spartanburg, South Carolina,
is the headquarters for all runs, both Scenic and Stages. However,
Stages maintains a garage, mechanic, and service point at Charlotte,
North Carolina, which is the terminus of the two principal Stages runs.
The Union maintains that Charlotte is the base for Stages, even though
more Stages busses are serviced away from Charlotte at miscellaneous
points than are serviced in it. A garage also seems to be maintained
at Columbia, South Carolina, which is a terminus for both a Scenic
and a Stages run. At certain places the two lines use the same route.
Drivers are switched back and forth between them, although new men
are ordinarily broken in on Scenic, where they can be kept under obser-
vation. It is not clear how contact is maintained with the Stages
drivers. Pay is the same on both lines, all drivers being paid accord-
CAROLINA 'SICENIC COACH LINES 531
ing to the length of the run. However, they are paid by separate
checks for the work performed on each line. There are 27 drivers listed
on Scenic's May 30 pay roll; 12 on Stages'. Eighteen of the Scenic
drivers live in Spartanburg, while those of Stages are scattered along
Stages' routes. Two of Stages' morning runs begin at Charlotte,,the
others at miscellaneous points along the line.
It is evident from the foregoing that either a unit comprising both
the Scenic and Stages drivers or one limited to those of Scenic alone
might be appropriate for the purposes of collective bargaining. Since
no organization other than the Union is here seeking to represent the
employees involved, a unit coinciding with the extent of the Union's
organization is appropriate. To find otherwise would be to deprive
the Scenic drivers of the benefits of collective bargaining until both
lines have been organized. This determination, however, is no bar to
a later revision if changes occur in the self-organization of the em-
ployees.s
Scenic also seeks to include in the unit two men named Butler and
Feaster, whom it classifies as "drivers." The Union desires to have
them excluded on the ground that they are supervisory employees
known as dispatchers and not eligible for membership in the Union.
Both drive regular runs in the morning, but thereafter customarily
assist the manager in the operation of the lines. Since it appears that
the latter aspect of their employment is supervisory in character, they
will be excluded from the appropriate unit.
We find that all drivers employed on Carolina Scenic Coach Lines,
excluding mechanics, supervisors, dispatchers, and clerical help con-
stitute a unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees of Scenic the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the represen-
tation of employees of Scenic can best be 'resolved by an election by
secret ballot. The Union requests that the date of filing its petition,
April 3, be used to determine eligibility to vote in the election ; Scenic
urges the pay roll of May 30. We shall follow our usual practice and
direct that the employees of Scenic eligible to vote in the election shall
be those in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to such limitations and additions as are set forth in the
Direction.
$ Matter of Foster-Grant Co., Inc. and Local No. 60 , Molders Union of Leominster,
Affiliated to United Paper, Novelty and Toy Workers International Union ( C. I. 0.), 32
N. L. R B. 486, and cases cited therein.
450122-42-vol. 33--35
532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Union has requested that it be designated on the ballot as fol-
lows : Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America, Division 1268. The request is hereby
granted.
Upon the above findings of fact, and upon the entire record in the
case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the represen-
tation of employees of Carolina Scenic Coach Lines, Spartanburg,
South Carolina, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All drivers employed by Scenic, excluding mechanics, supervisors,
dispatchers, and clerical employees constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Carolina Scenic Coach Lines, Spartanburg, South Carolina, an
election by secret ballot shall be conducted as early as possible, but not
later than 30 days from the date of this Direction of Election, under
the direction and supervision of the Regional Director for the Tenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, ofsard Rules and Regu-
lations among all drivers of Carolina Scenic Coach Lines, Spartanburg,
South Carolina, who were employed during the pay-roll period imme-
diately preceding the date. of this. Direction of Election, including
employees who did not work during said pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding mechanics,
supervisors, dispatchers, and clerical employees, and employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented fov the purposes of collective
bargaining by Amalgamated Association of Street, Electric Railway
and Motor Coach Employees of America, Division 1268.