Dallas Transfer & Terminal Warehouse Co.

National Labor Relations Board - Board Decisions

Sep 1, 1955

114 N.L.R.B. 18 (N.L.R.B. 1955)

'18 DECISIONS OF NATIONAL LABOR, LELNTION;S BOARD
The Petitioner's International currently represents the Employer s
15 electricians in a separate bargaining unit.
The Petitioner contends that the instrumentmen and the power-
house employees are entitled to severance as craft and departmental
units, respectively. The Employer contends, inter alia,2 that the Pe-
titioner does not historically or traditionally represent, in craft or
departmental units, employees of the types herein sought, and that,
under the doctrine of American Potash ct Chemical Corporation, 107
NLRB 1418, it is therefore not entitled to the ,severances herein sought.
We agree. As the aforementioned facts show, none of the inter"mmelit-
men or powerhouse employees herein sought engage in electrical work
to any substantial degree, and by far the greater portion of the ac-
tivity of both groups is concerned with work on materials which have
nothing to do with electricity or its applications. Under these
circumstances, we are satisfied that the Petitioner does not meet the
requirement of the Potash rules. Therefore, assuming, without de-
ciding, that the Employer's instrumentmen constitute, for purposes
of severance, an appropriate craft group and that its powerhouse em-
ployees constitute an appropriate departmental group, we are never-
theless convinced that the Petitioner does not historically and tra-
ditionally represent crafts or departments of this type? Accordingly,
we shall dismiss the petitions in both cases.4
[The Board dismissed the petitions.]
z In view of our decision herein , we deem it unnecessary to consider the Employer 's other
unit contentions , and we deny the Employer's motion for oral argument.
3 See Campbell Soup Company , 109 NLRB 475, 478.
4 For reasons stated in his dissenting opinion in Dow Chemical Company, Texas Davi-
sion, 113 NLRB 1247, Member Murdock would not apply the "traditional union" test in
this case and would therefore direct a severance election for the powerhouse employees
as requested by the Petitioner.
Dallas Transfer & Terminal Warehouse Company and Dallas
General Drivers, Warehousemen & Helpers Local 745, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America , AFL, Petitioner
Dallas Transfer & Terminal Warehouse Company and Interna-
tional Association of Machinists , Lodge 1015, AFL, Petitioner.
Cases Nos. 16-RC-1655 and 16-KC-1695. September 1, 1955
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
William H. Renkel, Jr., hearing officer. The hearing officer's rulings
114 NLRB-No. 7.
DALLAS TRANSFER & TERMINAL WAREHOUSE COMPANY 19
made at the hearing are free from prejudicial error and are hereby
affirmed.'
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.2
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. Questions concerning commerce exist concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4.' At Dallas, Texas, the Employer is engaged in warehousing and
intrastate hauling. Its facilities include 3 public merchandise ware-
houses, a truck garage and repair shop, 10 to 11 trucks for intrastate
hauling of household merchandise, and 6 trucks which it leases to
Allied Van Lines, herein called Allied, for interstate hauls.
''The Petitioner in Case No. 16-RC-1655, herein called the Team-
sters; seeks a unit -of the Employer's drivers, forklift operators, and
warehousemen. The Petitioner in Case No. 16-RC-1695, herein called
the'Machinists, seeks a unit of garage mechanics, helpers, and washers
in the`Employer's shop. In the alternative, both 'Petitioners would:
jointly represent both groups of employees in a single unit. The Em-
ployer contends that a single unit of both groups, represented by only
a single labor organization, is alone appropriate. It further contends,
that the drivers loaned by the Employer to drive the trucks it leases
to Allied should be excluded from the unit. There is no bargaining
history for the Employer's employees.
The Teamsters Unit
The Teamsters unit includes 14 city pickup and delivery drivers, 17
over-the-road drivers, 11 helpers, 2 forklift truck operators, and 63
warehousemen and dockmen. Of the 17 over-the-road drivers, 6 to 8
drive the trucks leased by the Employer to Allied. At such times they
are subject to regulations of the Interstate Commerce Commission
governing interstate hauling and to the driving rules of Allied in
1 The petition and other formal papers are hereby amended to reflect the Employer's
correct name.
2 The Employer is a Texas corporation with its principal office 'and place of business
at Dallas, Texas, where it -owns and operates three warehouses and is engaged in local
drayage, handling of household goods, and merchandise warehousing within the State.
In 1954, the Employer received in excess of $200,000 for services rendered in unloading,
storing, handling , and transporting locally, as an independent contractor , goods originating
outside the State and transported to the Employer' s warehouses by interstate carriers.
As the Employer ' s warehouse activities constitute a link : in the chain of interstate coin-
merce and its annual income received for these services rendered which constitute a part
of interstate commerce totals in excess of $100,000, we find that it would effectuate the
purposes of the Act to assert _jurisdiction in this case . United Warehouse and Terminal
Corporation ,. 112 NLRB 959 Accordingly, we find it unnecessary to consider the other
contentions raised by the parties respecting the jurisdictional issue.
357644-56-vol. 114-3
,i
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
furtherance of those regulations.' The Employer regularly hires and,
discharges all drivers, whether or not they drive for Allied, subject,
only to the latter's reservation of the right to discharge drivers for
violations of its driving rules. The Employer pays all drivers,
whether or not they drive for Allied, at a fixed hourly rate. Drivers
regularly progress through the following stages : helpers, city pickup
and delivery drivers, intercity and intrastate drivers, intrastate drivers
for Allied.
The Machinists Group
The Machinists group includes 3 mechanics and 1 washer who, in a
separate work area and under separate immediate supervision, are en-
gaged in the maintenance and repair of the Employer's trucks, in-
cluding those it leases to Allied. The repairs range from routine ad-
justments to semi-overhaul jobs.
In view'of the homogeneity of each group, the lack of a bargaining
history for the Employer's employees, and the fact that no labor
organization alone seeks to represent them in a unit of larger scope, we,
conclude, under the circumstances of the instant case , that the Team-
sters group and the Machinists group constitute separate appropriate
units.4 We further conclude that the drivers loaned by the Employer-
to operate the trucks it leases to Allied are employees of the Employer,.
and we shall therefore include them in the unit.'
Accordingly, we find that the following groups of employees of the
Employer at its warehousing and transfer establishment at Dallas,
Texas, constitute units appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act :
A. All city pickup and delivery drivers, over-the-road drivers,
truckdrivers' helpers, forklift operators, dockmen, and warehousemen,
including drivers loaned to operate trucks leased by the Employer to
Allied, but excluding office clerical employees, professional employees,'
guards, watchmen, all other employees, and supervisors as defined in
the Act.
B. All garage mechanics, mechanics' helpers, and the washer, in-
cluding leadmen, but excluding office clerical employees, professional'
employees,iff tiards, watchmen, all other employees, and supervisors as
defined in the Act.
[Text of Direction of Elections omitted from publication.]
8 Thus, Allied may, without advance notice to the Employer, discharge a driver for
infractions of these rules and regulations.
* Bonded Freightways, Inc., 103 NLRB 407.
5 WP find without merit the Employer' s contention that Allied 's power to discharge
drivers for cause is proof of its status as their employer, it being clear that the exercise
thereof is merely in furtherance of its compliance with the regulations of the Interstate
Commerce Commission See Oklahoma Trailer Convoy, Inc., 99 NLRB 1019, footnote 16.