E. C. Williams

National Labor Relations Board - Board Decisions

Feb 10, 1950

88 N.L.R.B. 620 (N.L.R.B. 1950)

In the Matter of E. C. WILLIAMS , EMPLOYER and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS AND HELPERS , LOCAL No.
94, A. F. OF L., PETITIONER
Case No. 9-RC-635.-Decided February 10, 1950
DECISION
AND
DIRECTION OF ELECTION
. Upon a petition duly filed, a hearing was held before William
Naimark, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. E. C. Williams is engaged in the transportation of mail by truck
to and from the United States Post Office at Dayton, Ohio, the Dayton
railroad depot, and 9 other post office substations, all of which are
within the Dayton postal district. Williams makes approximately
25 deliveries daily to and from the railroad station.- The mail arrives
at the terminal or is carried away from it by either Pennsylvania,
Baltimore and Ohio, or New York Central trains. Williams owns
and operates 9 motor trucks and employs 14 drivers in the perform-
ance of the duties outlined above. Williams' operations are conducted
pursuant to a contract with the United States Government executed in
July 1947 and effective for a period of 4 years thereafter. Williams
contends that he is not an employer and is not engaged in commerce
within the meaning of the Act by reason of the control exercised by
the United States Government over his operations under the provi-
sions of the contract.
i The hearing officer's rejection of an offer in evidence of a petition purportedly signed by
employees indicating that they did not desire to be represented by the Petitioner is hereby
affirmed . Apparently this evidence was submitted to attack the Petitioner 's showing of
interest . Such showing is an administrative matter and is not a litigable issue at the
hearing. Peter Picknelly, d/b/a Peter Pan Bus Lines, 82 NLRB 830 , and cases cited
therein.
88 NLRB No. 129.
620
E. C. WILLIAMS 621
The terms of the contract provide that Williams shall receive a flat
sum of $32,290 annually; that Williams' drivers are required to load
and unload the mail at the post office in the presence of a representative
of the postmaster; that the drivers operate their motor vehicles under
a schedule furnished by the postmaster; that the postmaster can
require Williams to suspend or discharge a driver from duty for
inefficiency or other serious delinquency; and that, if Williams fails to
discharge the driver on request of the postmaster, the contract can be
discontinued by the Government. However, other than these limita-
tions, apparently no restrictions are placed upon Williams' freedom
to hire the drivers he desires. or to discharge them at will; moreover,
he has sole authority to fix their hours of work, rates of pay, and other
conditions of employment.
In view of the facts set forth above, we are of the opinion that E. C.
Williams is an employer within the meaning of Section 2• (2) of the
Act. We further find, contrary to the contention of. Williams, that
he is engaged in commerce within the meaning of the National Labor
Relations Act 2
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question affecting commerce exists 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. 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 truck drivers of the Employer in his operations at Dayton, Ohio,
including part-time employees 3 and helpers, but excluding all other
employees and supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
2Joseph R. Gregory, 31 NLRB 71 , enforced December 2, 1941 ( C. A. 5) (unreported) ;
William M. Carroll, 29 NLRB 343 , enforced 120 F. 2d 457 (C . A. 1) ; Cf. New York Mail ef
Newspaper Transportation Co., 4 NLRB 1066.
8 The record shows that the Employer has three drivers who are regularly employed on a
part-time basis. The Board has previously ruled that part-time employees who are regu-
larly employed may properly be included with full-time employees in an appropriate unit.
See Peter Picknelly d/b/a Peter Pan Bus Lines , footnote 1, supra. In addition to these
three drivers , the Employer has one driver who was originally hired as a temporary
employee during the Christmas mail rush in 1949, but who is now apparently working as
a regular part -time employee with prospects of employment for an indefinite period. We
find that he is properly included in the unit as a regular part-time employee . We also find
that he is entitled , together with the other regular part-time employees , to participate in
the election.
622 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
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, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the payroll period immediately preceding the date of this
Direction of Election, including employees who did not work during
said payroll 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 reinstatement, to determine whether or not
they desire to be represented, for purposes of collective bargaining, by
International Brotherhood of Teamsters, Chauffeurs and Helpers,
Local No. 94, A. F. of L.