Central Bus Depot

National Labor Relations Board - Board Decisions

Oct 5, 1943

52 N.L.R.B. 1172 (N.L.R.B. 1943)

In the Matter of SANTA FE TRANSPORTATION COMPANY AND BURLINGTON
TRANSPORTATION COMPANY, D/B/A CENTRAL Bus DEPOT and BROTHER-
HOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, Ex-
PRESS AND STATION EMPLOYEES , A. F. OF L.
Case No. R-5863 .Decided October 5, 1943
Messrs. L. W. Butterfield and H. F. Campbell, of Los Angeles, Calif.,
Mr. H. G. Brandt , of Chicago , Ill., and Mr. George K. Deemer, of South
Pasadena , Calif. , for the Company. .
Messrs. F. T. Ricketts , R. W. Hileman , and E. E. Eckley, of Los
Angeles , Calif. , Mr. J. E . Mufratet , of Riverside , Calif., and Mr. W. M.
Liggett, of Southgate , Calif. , for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station Em-
ployees, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Santa Fe Transportation Company and Burlington Trans-
portation Company, doing business as Central Bus Depot, Los Angeles,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
William B. Esterman, Trial Examiner. Said hearing was held at
Los Angeles, California, on August 13 and 17, 1943. 'The Company
and the Union appeared, participated, and were afforded full oppor-
tunity 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 an opportunity to file briefs
with the Board.
52 N. L. R. B., No. 191.
1172
SANTA FE TRANSPORTATION COMPANY 1173
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Central Bus Depot is a non-profit joint agency of Santa Fe Trans-
portation Company and Burlington Transportation Company, herein
collectively called the Principals, and is engaged in the promotion of
traffic and the operation of depots for both the afore-mentioned com-
panies. The Principals contribute to and share the operational ex-
penses of the Company. As part of its operations, the Company sells
tickets for interstate transportation for the accounts of the Principals,
and also sells tickets for intrastate transporation for the account of
companies other than the Principals; the Company also operates
depots located at San Francisco, San Diego, Long Beach, Huntington
Park, Bakersfield, Oakland, San Pedro, Riverside, and San Ber-
nardino, all of which are located in the State of California, with
which we are concerned herein. During the calendar year 1942 the
sale of tickets for interstate transportation by the Company was in
excess of $700,000. During the same period the amount of the
Company's sales of tickets for intrastate transportation'amounted to
more than $800,000. The Principals and the Company are admit-
tedly engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employees, is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclu.;ive
bargaining representative of its employees on the ground that the
unit sought herein is inappropriate.
A statement of the Field Examiner introduced into evidence at the
hearing indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
'The Field Examiner reported that the' Union submitted 45 authorization cards, 37
of which bore apparently genuine original signatures of persons whose names appeared on
the Company 's pay roll of April 1 to April 15, 1943 ; said pay roll contained the names of
approximately 62 employees in the appropriate unit.
1174 IYECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
The Union seeks to represent a unit consisting of all employees of
the Company, excluding the superintendent-auditor, and his assistant,
and any other supervisory employees above the grade of terminal
managers. The Company contends that terminal managers of the
Class "A" and "B" stations are supervisory employees,2 and should
also be excluded from,the unit. .
The Company operates nine terminals divided into two Class "A"
stations (San Diego, which is comprised of two stations, and San
Francisco), four Class "B" stations (Oakland, Bakersfield, Long
Beach, and Huntington Park), and three Class "C" stations (San
Bernardino, San Pedro, and Riverside). The classifications of these
stations are determined by the Principals on the basis of the relative
importance of each station. Each station is under the direction and
supervision of a terminal manager.3 The record clearly indicates
that the terminal managers of the Class "A" stations are given the
power to hire and discharge employees, and that they have exercised
this power. Although the terminal managers at the Class "B" sta-
tions have not been given this power they do have full supervision
over the employees at their respective depots and are responsible for
their conduct as well as for the operation of the depot. Furthermore,
they interview new applicants, make recommendations with respect
to their employment, are consulted with regard to the conduct of the
employees under their supervision, and are asked to make reports
thereon. In addition, they act as representatives of the Company
with respect to certain types of claim adjustments and in negotiations
between the Company and the civil authorities in the neighborhood
wherein the terminal is located. We are of the opinion and find that
the duties and powers of the terminal managers at the Class "A" and
"B" stations are sufficiently supervisory in nature as to warrant their
exclusion from the unit. We shall, therefore, exclude them.4
We find that all employees of the Company, excluding the superin-
tendent-auditor, assistant to the superintendent-auditor, terminal
managers at Class "A" and "B" stations, and any other supervisory
employees with authority to hire,- promote, discharge, 'discipline, or
2 The Company concedes that Class "C" station terminal managers, or "agents" as they
are designated by the Company, because of their limited responsibilities , are properly
included within the unit.
s As noted in footnote 2, supra, the Class "C" terminal manager is designated by the
Company as an "agent "
' See Matter of Santa Fe Trails Transportation Company, Case No R-5850, 52 N. L It. B.
895, issued September 28, 1943
SANTA FE TRANSPORTATION COMPANY 1175
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Santa Fe
Transportation Company and Burlington Transportation Company,
doing business as Central Bus Depot, Los Angeles, California, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Twenty-
first 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 in-
cluding employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station Em-
ployees, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.