City Transportation Co.

National Labor Relations Board - Board Decisions

Nov 12, 1948

80 N.L.R.B. 270 (N.L.R.B. 1948)

In the Matter of CITY T RANSFORTATION COMPANY, EMPLOYER and
DlvlsioN No. 1409, AMALGAMATED ASSOCIATION OF STREET, ELECTRIC
RAILWAY, AND MOTOR COACH EMPLOYEES' OF AMERICA, PETITIONER
Case No. 16-RC-194.-Decided November 12,1948
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.
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 the only local bus company in Abilene, Texas,
a city of approximately 40,000 people, the metropolitan area of which
includes approximately 55,000 people. Taxicabs are the only other
means of local public transportation. During 1947 the Employer's
busses travelled approximately 689,000 miles and carried approx-
imately 3,026,584 passengers in and about Abilene; from such opera-
tions the Employer received gross revenues of approximately $180,000.
During 1947 and 1948 the Employer purchased from Texas dis-
tributors, and at a total cost of approximately $90,780.50, four busses
of nationally known make. During 1947, the Employer purchased
tires at a cost of $5,220.82, gasoline and oil at a cost of $26,162.89,
and repair parts and shop supplies at a cost of $18,195.79; all such
purchases were made locally, but the tires, gasoline, and oil were
nationally known products. At the present time the Employer has
a contract with a Texas distributor, which furnishes tires to it on
a mileage fee basis; the tires are nationally known products manu-
factured by an Ohio manufacturer.
*Chairman Herzog and Members Houston and Gray.
80 N. L. It. B., No. 55.
270
CITY TRANSPORTATION COMPANY 271
The Employer furnishes bus service to or near two interstate rail-
road depots, a bus depot serving four interstate bus lines, and an air-
port serving two interstate airlines. The railroad and bus depots are
also served by the local taxicabs, and limousine service is available
at the airport; moreover, the bus line to the airport is not coordinated
with the airline schedules, but is primarily for the benefit of the
employees of the airport and related establishments. There is no
direct evidence as to the number of interstate travelers using the Em-
ployer's services, but because of the proximity and availability of such
services, particularly to the rail and bus passengers, it is reasonable
to assume, and we find, that such travelers do make use of the
Employer's services.
The Employer also furnishes bus service to or near a number of
manufacturing and wholesaling establishments whose products either
move in interstate commerce, or who are otherwise engaged in ac-
tivities which affect commerce, and who employ approximately 10
percent of the approximately 17,500 gainfully employed persons in
the community. Specific testimony was adduced with respect to the
service furnished by the Employer's busses to the employees of 6 such
establishments. A representative of one such establishment testified
that 25 percent of its 150 employees depend on the Employer's busses
to get to and from work; another that from 5 to 10 percent of its 375
employees depend on such service; and a third that approximately 5
percent of its 100 to 400 employees (depending on the season) were de-
pendent on the Employer's busses.
The Employer asserts that approximately 40 to 50 percent of its
revenue is derived from transporting students attending the various
universities and colleges, public schools, and trade schools located in
the community, and that the majority of its remaining passengers
are shoppers.
On the basis of all the facts, therefore, we are convinced, and we
find, contrary to the contention of the Employer, that the Employer is
engaged in activities affecting commerce within the meaning of the
Act.'
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.
' There are approximately 12,000 students attending such institutions of learning.
2 Matter of Amarillo Bus Company, 78 N. L. R. B. 1103; Matter of Lynchburg Transit
Company, 79 N. L. R. B. 546.
272 DECISIONS OF NATIONAL LABOR RELATIONS BOAR)
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All bus operators employed by the Employer in Abilene, Texas,
excluding supervisors as defined in the Act.
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 super-
vision 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 Section 4, above, who
were employed during the pay-roll period immediately 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 vaca-
tion 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 em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collective
bargaining, by Division No. 1409, Amalgamated Association of Street,
Electric Railway, and Motor Coach Employees of America.