Chicago Gray Line, Inc.

National Labor Relations Board - Board Decisions

Feb 3, 1949

81 N.L.R.B. 466 (N.L.R.B. 1949)

In the Matter of CHICAGO GRAY LINE, INC.,' EMPLOYER and LOCAL
DIVISION 1129, AMALGAMATED ASSOCIATION OF STREET, ELECTRIC
RAILWAY & MOTOR COACH EMPLOYEES, PETITIONER
Case No. 13-RC-291.-Decided February 3, 1949
DECISION
AND
DIRECTION OF ELECTION
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.
The Employer's motion to dismiss is denied for reasons herein-
after stated.2
Upon the entire record in this case, the Board finds :
1. The Employer, an Illinois corporation with its only office and
place of business in Chicago, Illinois, is engaged in the business of
conducting sight-seeing tours in and around Chicago. The Employer
is a member of a national association known as Gray Line Sight-seeing
Companies Associated, a Delaware corporation, which operates for
the purpose of advertising and promoting the use of Gray Line
Sight-seeing Companies in 90 major cities throughout the United
States, including Chicago, Illinois. Such advertising is promoted in
magazines, trade journals, and other media of national circulation.
It also appears that the Association publishes a "national tariff," in
which appear the schedules, routes, rates, and commissions of every
[other] member and which it distributes to all its members, tour op-
erators, interstate carriers, and travel agencies. In addition, the Asso-
ciation also publishes prepaid ticket order books which are distributed
throughout the United States to interstate carriers, travel agencies,
and tour operators 3 in various cities who, acting as agents of its
1 The Employer' s name appears as amended at the hearing.
2 The Employer has moved to dismiss the petition, contending that ( 1) It is not engaged
in, nor do its operations affect, commerce within the meaning of the Act; and (2 ) because
of its seasonal operations , it would not effectuate the policies of the Act to assert juris-
diction of its operations. .
2 American Express Company , Thomas Cook & Sons, The Highway Tours , Simmons Tours,
and others.
81 N. L. R. B., No. 84.
466
CHICAGO GRAY LINE, INC. 467
members including the Employer, sell ticket books for sightseeing
tours of Chicago to persons traveling in interstate commerce. Ticket
books so distributed are sold for use in Chicago to travelers desiring
to use the Employer's facilities. In turn, the Employer honors all
tickets so issued, whether by interstate carriers, travel agents, tour
operators, or others.'
In the normal course of its operations, the Employer carries and
transports passengers and luggage to and from interstate carriers,
including railroad terminals and airports.5 On occasion, it has trans-
ported sightseeing passengers across State lines into Indiana and
Wisconsin. Ninety-five percent of all passengers hauled by the Em-
ployer are from outside the State of Illinois. In addition thereto, it
has purchased from without the State, a substantial portion of its
equipment required to further its operations.' While we would not
necessarily assert jurisdiction over the operations of purely local sight-
seeing busses, the record indicates that this particular operation is
effectively tied to the interstate activities of a Nation-wide association,
and that the use of the Employer's facilities is in substance an exten-
sion of travel originating over interstate carriers.
In the light of the foregoing factors, and upon the entire record
in this case, we are of the opinion that the Employer's operations
affect commerce within the meaning of the Act.7
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
All bus drivers, mechanics, helpers, cleaners, and maintenance men,
excluding lecturers who are not bus drivers and who are employed on
a temporary basis, office and clerical employees, ticket agents, pro-
fessional employees, guards, and supervisors as defined in the Act.
4Including local agents located in hotels , or hotels acting as agents for the Employer
5In addition, it maintains tour starting points at all railroad stations , Greyhound bus
terminals , National Trailways bus terminals , and American bus terminals
6In 1948, busses and limousines purchased by the Employer from outside the State of
Illinois had an aggregate value of $102,000
7 Although the Employer further contends that because of the seasonal nature of its
operations , as well as the turn-over of its employees , it would not effectuate the policies of
the Act for the Board to assert jurisdiction , it is apparent that the Employer's operations,
although curtailed during the winter months , are not shut down. Nor is the number of its
employees diminished to such a degree as to render an election at this time impracticable,
as was the case in Matter of Cedergreen Frozen Pack Corporation , 75 N. L. R. B. 375,
iehed upon by the Employer we find, therefore , no merit in the Employer 's contention.
829595-50-vol. 81 31
468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, as amended,
among the employees in the unit found appropriate in paragraph
numbered 4, above, who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
and also excluding employees on strike who are not entitled to rein-
statement, to determine whether or not they desire to be represented,
for purposes of collective bargaining, by Local Division 1129, Amalga-
mated Association of Street, Electric Railway and Motor Coach
Employees.
MEMBERS HOUSTON and GRAY , dissenting :
The operations of this Employer are essentially local in character
and, in our opinion, affect commerce only quite remotely. Conse-
quently, we are of the opinion that it would not effectuate the policies
of the Act to assert jurisdiction in this matter.