Dixie Greyhound Lines, Inc.

National Labor Relations Board - Board Decisions

Sep 4, 1943

52 N.L.R.B. 424 (N.L.R.B. 1943)

In the Matter of DIXIE GREYHOUND LINES, INC. and AMALGAMATED
ASSOCIATION OF STREET , ELECTRIC RAILWAY AND MOTOR COACH
EMPLOYEES OF AMERICA, AFFILIATED WITH THE A. F. OF L., DIVISION
1313
Case No. R-58.4.1.Decided September 4, 1943
Mr. Ivan Bowen,, of Minneapolis, Minn., and Mr. A. L. Heiskell,
of Memphis, Tenn., for the Company.
Mr. Frederic Meyers, of Washington, D. C., and Mr. C. W. Van
Avery, of Detroit, Mich., for the AFL.
Messrs. Hugh Stanton and J. C. Hatler, of -Memphis, Tenn., for
the Association.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Association of Street,
Electric Railway and Motor Coach Employees of America, Division
1313, affiliated with the A. F. of L., herein called the AFL, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of Employees of Dixie Greyhound Lines, Inc., Memphis,
Tennessee, herein called the' Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Earl S. Bellman, Trial Examiner. Said hearing was held at Mem-
phis, Tennessee, on August 16, 1943. The Company, the AFL, and
Dixie Greyhound Drivers Independent Association, herein called
the Association, appeared, participated, and were afforded full op-
portunity 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 opportunity-to file briefs
with the Board.
52 N. L R. B., No. 64.
424
DIXIE GREYHOUND LINES, INC. 425
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Dixie Greyhound Lines, Inc., a Delaware corporation, doing busi-
ness as a common carrier of passengers by motor vehicle under Part II
of the Interstate Commerce Act, is a subsidiary of the Greyhound
Corporation, with its main office located at Memphis, Tennessee. The
Company conducts an interstate common carrier business in the States
of Mississippi, Arkansas, Missouri, Illinois, Indiana, Kentucky, Ten-
nessee, and Alabama, and also conducts an intrastate business in all
of the above-mentioned States except Indiana. In 1942 the gross
revenue of the Company was approximately $5,500,000, during which
period it carried about 5,000,000 passengers. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America, Division 1313, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
Dixie Greyhound Drivers Independent Association is an unaffiliated
labor organization, admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated June 2, 1943, the AFL requested recognition as
the bargaining representative of certain of the Company's employees.
The Company replied by letter dated July 7, 1943, stating that it could
not grant the requested recognition inasmuch as another labor organi-
zation had already negotiated a^contract covering the employees
sought by the AFL.
The record discloses that the Company and the AFL had had pre-
vious bargaining relations covering the employees herein between the
years 1937 and 1939,. and that, thereafter, the Company and the Asso-
ciation conducted bargaining relations on behalf of these employees.
.On June 9, 1943, the Association presented to the Company a new
contract covering the employees herein, which, after negotiations,
was executed by both the Company and the Association on June 30,
although made retroactive to June 18. Both the Company and the
Association contend that this contract constitutes a bar to the pro-
426 DECISQONS, OF NATIONAL LABOR RELATIONS BOARD
.ceeding herein. However, since, the new agreement, was not signed
before the AFL made its request for recognition, it clearly does not
constitute a bar to a present 'determination of representatives. 1
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the AFL represents a substantial number
of employees in the unit hereinafter found appropriate. 2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the. agreement of the parties herein, we find
that all drivers of the Company, including temporary dispatchers,'
but excluding student drivers, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit 4 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-
ployee in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion. Due to the difficulty in balloting various drivers now on duty at
distant points, and in order to avoid delay in a successful conclusion of
the balloting, the Regional Director is hereby specifically authorized
to use the mail for balloting purposes whenever, in his discretion, ex-
pediency will be served thereby.
'Hatter of American Woolen Company, 48 N. L. R. B. 633; Matter of Eicor, Inc., 46
N. L R. B. 1035.
2 The Regional Director reported that the AFL submitted 136 representation cards bear-
ing apparently genuine and original signatures , which were not checked against any pay
roll of the Company due to the refusal upon the latter 's part to supply one until the date
of the hearing . There are approximately 220 employees within the unit hereinafter found
appropriate.
The Association relies upon its current and past contracts with the Company , a peti-
tion signed by 126 drivers requesting continued representation by the Association , and the
ratification of the current contract by 140 drivers , for the establishment of its interest.
We find the Association ' s objection to the statement of the Regional Director as hearsay
and ex parte to be without merit . See Matter of Atlas Powder Co ., 43 N. L R B. 737;
Hatter of Sisksn, 41 N. L. R. B. 187 ; , Matter of Hill Stores , Inc., 39 , N. L. R., B. 874.
3 At any time drivers may be called upon to serve for an indeterminate period as tem-
porary dispatchers. While acting in such capacity ; they exercise superbisory authority
which would ordinarily exclude , them from the appropriate unit under present Board
policy. However , these positions are merely temporary , and the incumbents , after re-
turning to their regular status , are no longer considered as supervisory employees.
This unit is substantially the same as that provided for in the various contracts be-
tween the Company, the Association , and the AFL.
DIXIE GREYHOUND LINES, IN C. 427
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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dixie Greyhound
Lines, Inc., Memphis, Tennessee, an election by secret ballot shall be
conducted as early as possible in conformity with the instructions set
forth in Section V, above, but not later than thirty (30) days from the
date of this Direction, under the direction and supervision of the Re-
gional Director for the Fifteenth 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 Di-
rection, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off,
and including 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
they desire to be represented by Amalgamated Association of Street,
Electric Railway and Motor Coach Employees of America, Division
1313, affiliated with the American. Federation of Labor, or by Dixie
Greyhound Drivers Independent Association, for the purposes of col-
lective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above De-
cision and Direction of Election.