Decatur Transfer & Storage, Inc.

National Labor Relations Board - Board Decisions

Jun 17, 1953

105 N.L.R.B. 633 (N.L.R.B. 1953)

DECATUR TRANSFER & STORAGE, INC. 633
During the same period it sold over $ 50,000 worth of food,
beverages, and miscellaneous merchandise to employees of the
Post Office Department and other Federal agencies located in
the Post Office Building in St. Paul. The jurisdictional facts
set forth above show that the Committee makes no out-of-State
sales or purchases, nor does it furnish services to firms over
whom the Board would assert jurisdiction. Under these cir-
cumstances , without deciding whether the Committee is engaged
in operations affecting commerce within the meaning of the
Act, i we find that in any event, it would not effectuate the
policies of the Act to assert jurisdiction in this case because
those operations do not meet the Board's requirements for the
assertion of jurisdiction.2 Accordingly, we shall dismiss the
petition.
[The Board dismissed the petition].
iCf. National Food Corporation, 88 NLRB 1500. Air Terminal Services, Inc., 67 NLRB
702, Lee Stine, d/b/a Fairchild Cafeteria, 87 NLRB 667, all decided before the adoption
of the present standards for the assertion of jurisdiction
2Stanislaus Implement and Hardware Company, Ltd., 91 NLRB 618; Hollow Tree Lumber
Company, 91 NLRB 635.
DECATUR TRANSFER & STORAGE, INC . and CHAUFFEURS &
SALES DRIVERS LOCAL UNION NO. 402, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, AFL, Petitioner
DEC AT U R TRANSIT, INC. and CHAUFFEURS & SALES
DRIVERS LOCAL UNION NO. 402, INTERNATIONAL BROTH-
ERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN & HELPERS OF AMERICA, AFL; Petitioner. Cases Nos.
10-RC-2308 and 10-RC-2309. June 17; 1953
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held
before Gilbert Cohen, hearing officer. 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 Act, the
Board has delegated its powers in connection with this case to
a three-member panel [Members Murdock, Styles, and Peter-
son].
Upon the entire record in this case, the Board finds:
1. In Case No. 10-RC-2309, the Employer, Decatur Transit,
Inc., is an Alabama corporation with its principal office and
place of business located in Decatur, Alabama. This corpora-
tion is engaged in three separate operations: Decatur Transit
105 NLRB No. 78.
634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Yellow Cab, Decatur Transit , Inc. Bus, and Decatur Transit,
Licensee , Hertz-Driv - Ur-Self . All three divisions of the Em-
ployer are located in the same building , and use the same office
and office personnel.
Decatur Transit Yellow Cab has the exclusive franchise to
operate taxicabs in Decatur . It has 17 taxicabs in operation.
Several other companies , which are not licensed to do so, also
operate taxicabs in Decatur . Decatur Transit Yellow Cab serv-
ice s both the bus terminal and the train terminal in Decatur but
does not have a contract , license , or franchise to serve either
terminal , and does nothave space assignedtoit by either termi-
nal. Although it does not have a franchise to operate out of the
State, it occasionally transports passengers outside the State of
Alabama . Decatur Transit Yellow Cab's revenue for the year
1952 was $148,275 , of which only a small percentage was earned
as a result of trips made to or from the railroad or bus ter-
minals.
Decatur Transit , Inc. Bus has the exclusive franchise to serve
the city of Decatur . It has seven buses in operation . In addition
to Decatur , the busline services Austinville , Alabama, which
adjoins the city limits of Decatur and the east end of Morgan
County, which is about 3 miles from the business area of De-
catur . t The buses pass in front of the bus terminal and within
1 block of the train terminal . The buses go by the main en-
trances of the following industrial plants: Goodyear Tire &
Rubber Company , Decatur Iron & Steel Company , AlabamaHo-
siery Mills Inc., and Cooper , Wells & Company .' They also go
within two -thirds of a mile of Calumet & Hecla, 3i miles of the
Chenstrand Corporation , and three -tenths of a mile of the Ingles
Shipbuilding Company. No special or extra buses are operated
for these industrial plants at shift changes .' The bus which
services the east end of Morgan County , however , runs a special
route to Calumet & Hecla to take passengers to and from that
plant . The revenue of Decatur Transit Inc., Bus was $142,513 in
1952 . During the same year , its purchases of supplies and equip-
ment amounted to $45,027 , of which 16 . 8 percent was received
directly from outside the State of Alabama . Some of its supplies
and equipment , including a bus, were ordered from local dealers
but were manufactured outside the State.
Decatur Transit , Inc., pays the Hertz -Driv-Ur -Self company
a fixed fee plus $100 per year per car for advertising . Decatur
Transit , Inc., owns all the equipment , which consists of 6 cars,
10 trucks , and 4 two - wheel automobile trailers .4 Four trucks
are used by the Quality Model Laundry in Decatur , and two
trucks by the Southern Bell Telephone & Telegraph Company in
IDecatur is the county seat of Morgan County.
2 The Board has asserted jurisdiction over all of these companies.
$ The busline picks up and delivers passengers to these plants . The record, however, does
not show how many workers use these buses for transportation to and from work.
'Decatur Transit, Inc., is not affiliated with the Hertz Company in connection with the auto-
mobile trailers.
DECATUR TRANSFER & STORAGE, INC. 635
Decatur , under lease - rental agreements with Decatur Transit,
Inc. Four trucks are reserved for transient rent - outs . The Hertz
Company has nothing to do with the revenue or expenses of these
operations . The customers are billed directly by Decatur Trans -
it, Inc ., to whom they pay the bills. Decatur Transit , Inc., recog-
nizes Hertz national credit cards . The revenue for these opera-
tions during the year 1952 was $ 29,474 , which was 9.2 percent
of the total volume of business done by Decatur Transit, Inc.,
during that year.
The Employer contends that as the Petitioner is seeking a
unit of only taxicab drivers , the Board does not have jurisdic-
tion in this case . We find no merit in this contention. It has
long been settled policy of the Board to determine jurisdic-
tion on the basis of the overall operations of the Employer.5
All three operations of the Employer are conducted as a single
enterprise under common management . As the busline services
constitute a part of these operations , we findthat the Employer
is engaged in commerce within the meaning of the Act, and that
it will effectuate the policies of the Act to assert jurisdiction in
this case.6
In Case No . 10-RC-2308, the Employer , Decatur Transfer &
Storage, Inc ., herein called Decatur Transfer , is an Alabama
corporation with its principal office and place of business
located in Decatur , Alabama. It is engagedinmoving household
goods, warehousing , pickup and delivery service , and interstate
transfer of materials.
Decatur Transfer has a leasing agreement with Allied Van
Lines, herein called Allied, an interstate carrier . Orders may
be placed with Decatur Transfer , but interstate shipments are
made in Allied ' s name . Allied owns no equipment but uses the
equipment of various agencies such as Decatur Transfer
throughout the United States and Canada. When Allied uses
Decatur Transfer ' s equipment in interstate work, it also uses
its drivers . The drivers are paid by Decatur Transfer when
they are driving for Allied. If an interstate shipment is charged,
the bill is paid directly to Decatur Transfer . If the shipment is
paid for by cash and Decatur Transfer owns the truck which
made the delivery, the amount is paid directly to Decatur Trans-
fer. If the transaction is in cash , and Decatur Transfer ' s equip-
ment and driver were not used , Decatur Transfer receives a
commission.
During the year 1952, Decatur Transfer had atotal revenue of
$93,427. Of this amount , $52,874 was received for interstate
shipments made through Allied, $1,759 for delivery service for
Silver Fleet Motor Express Company , an interstate carrier, and
$1,100 for storing merchandise for 2 Louisiana sugar refining
companies .
5Cf Cambridge Taxi Company, 101 NLRB 1328 , footnote 2; Krambo Food Stores , Inc , 98
NLRB 1320 ; Grinnell Brothers , 98 NLRB 20; Champlin Refining Company. 92 NLRB 1377.
6 The Board's policy is to assert jurisdiction over public utilities and transit systems whose
operations are more than de minimis . Columbus - Celina Coach Lines, 97 NLRB 777; Harris-
burg Railways Company, 94 NLRB 1028 ; Gastonia Transit Company, 91 NLRB 894; Wentworth
Bus Lines , Inc., 92 NLRB 1356.
636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As Decatur Transfer furnishes services annually valued in
excess of $50,000 to concerns which are engaged in interstate
commerce , we find , contrary to the Employer ' s contention, that
it is engaged in commerce within the meaning of the Act, and
that it will effectuate the policies of the Act to assert jurisdic-
tion in this case.'
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. Questions affecting commerce exist concerning the rep-
resentation of employees of the Employer withinthe meaning of
Section 9 ( c) (1) and Section 2 (6) and ( 7) of the Act.
4. In Case No . 10-RC-2309 , the Petitioner seeks a unit of all
taxicab drivers employed by Decatur Transit , Inc., excluding
part -time drivers and supervisors . The Employer takes no
position as to the appropriate unit other than to contend that
three part -time taxicab drivers should be included in the unit.
There are 24 full-time taxicab drivers , 3 part -time drivers,
3 full-time dispatchers , and 1 part -time dispatcher employed in
the Employer ' s Decatur Transit Yellow Cab operations. The
taxicab drivers do not interchange with other employees of the
Employer and are on a separate payroll from other employees
of the corporation . There is a separate seniority list for these
drivers. They receive 35 percent of the money they collect, plus
a 3 percent safety bonus . They do not receive paid vacations or
holidays . ' Employees in all divisions of the Employer are
eligible for the same insurance benefits.
Upon the record as a whole , and considering particularly the
separate supervision and different working conditions of the
taxicab drivers, we believe that a unit restricted to taxicab
drivers is appropriate.
There remains for consideration the unit placement of the
part -time taxicab drivers whom the Employer would include and
the Petitioner exclude from the unit.
There are 2 employees who work 3 days each week as taxicab
drivers . During the remaining days they are employed regularly
by the fire department. They work under the same supervision
and are paid on the same basis as the full-time drivers. They
acquire seniority and are eligible for insurance benefits. One
taxicab driver works only on Saturdays as he is employed regu-
larly elsewhere . He too works under the same supervision and is
paid on the same basis as the full -time drivers . He, however,
does not acquire any seniority and is not eligible for insurance
benefits . One bus driver drives ataxicab 1 day a week , and a bus
5 days a week. When driving a taxicab , he works under the same
supervision as the taxicab drivers.
As all of these taxicab drivers are regular part -time em-
ployees, we shall, in accordance with our usual practice , include
'Hollow Tree Lumber Company. 91 NLRB 635; Falstaff Distributing Co., 97 NLRB 995;
National Perishable Inspection Service, Inc ., 97 NLRB 779; United Mine Workers of America,
District 2, 96 NLRB 1389 ; Breeding Transfer Company, 95 NLRB 1157.
a Bus drivers work different hours and under different supervision from the taxicab drivers.
They are paid on an hourly basis and receive paid vacations.
DECATUR TRANSFER & STORAGE, INC. 637
them in the unit.9 We alsofindinviewof the fact that they work
a substantial number of hours each week in the appropriate unit,
that they have a sufficient interest in the terms and conditions
of employment within the unit to entitle them to vote. to
Two or three times a month, during bad weather, two bus
drivers work as taxicab drivers. They are used only during rush
hours and do not work for more than li hours at any one time.
At such times they work under the same supervision as the taxi-
cab drivers . Because of the casual and irregular character of
their employment, we shall exclude them from the unit. a For the
same reason we shall, in agreement with the parties , exclude
four taxicab drivers who work only during inclement weather and
on holidays. V
The parties agree, and we find , that the dispatchers are
supervisors. They are therefore excluded from the unit. There
is 1 employee who works as a dispatcher 3 days a week, and as
a taxicab driver 3 days a week. When working as a dispatcher he
performs the same duties as the regular full-time dispatchers.
At such times he has authority effectively to recommend the dis -
charge of taxicab drivers. As he spends half of his working time
in supervisory duties, we find he is a supervisor and shall ex-
clude him from the unit.13
We find that all taxicab drivers employed by Decatur Transit,
Inc., at Decatur , Alabama, including regular part -time drivers,
but excluding casual drivers , dispatchers and other supervisors,
constitute a unit appropriate for the pur poses of collective bar-
gaining within the meaning of Section 9 ((b) of the Act.
In Case No . 10-RC-2308, we find , in agreement with the
parties, that all truckdrivers and helpers employed by Decatur
Transfer & Storage, Inc., at Decatur , Alabama, excluding super-
visors, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
5. There is 1 taxicab driver carried on the Employer's em-
ployee list who, at the time of the hearing , had not been working
for 5 weeks. This driver stoppedworkingbecausehe moved and
was unable to work the hours required on his shift . The Em-
ployer is willing to reinstate him if he will work on his old
shift . The record does not indicate whether or not there is a
reasonable expectation that he will return to work . We shall
therefore allow him to vote subject to challenge.
[Text of Direction of Elections omitted from publication.]
9 The Ocala Star Banner , 97 NLRB 384; Columbus-Celina Coach Lines, 97 NLRB 777; The
McMahon Transportation Company, Inc., 89 NLRB 1652.
loAndrews Company, 98 NLRB 11; Detroit HardwareManufacturingCompany, 98 NLRB 366
11 Seashore Transportation Company, 95 NLRB 1296.
12 These four drivers work with no regularity, but are on call.
lsSnively Groves, Inc., 93 NLRB 1146.