El Paso-Ysleta Bus Co., Inc.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1068 (N.L.R.B. 1948)

In the Matter of EL PASO-YSLETA Bus COMPANY, INCORPORATED,
EMPLOYER and DIVISION 1256, AMALGAMATED ASSOCIATION OF STREET,
ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA,
A. F. OF L., PETITIONER
Case No. .33-RC-15.-Decided September 28, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at El Paso,
Texas, on July 15, 1948, before Evert P. Rhea, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
,error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board finds :
1. El Paso-Ysleta Bus Company, Incorporated, a Texas corporation,
is engaged in the transportation of passengers by motor bus between
.El Paso, Texas, and Ysleta, Texas, a town 12 miles from El Paso.
The Employer owns 13 busses, of which 8 or 9 are used in regularly
scheduled runs. During 1947 the total revenue for all passengers
.transported was $84,052.27, and during the first 6 months of 1948 the
revenue was $48,428.35.
The Employer's operations are not licensed by the Interstate Com-
merce Commission, and there is no exchange of passengers with any
other transportation system. Testimony at the hearing, however,
indicated that the Employer regularly transports to and from work
.employees of several national enterprises over which the Board has
asserted jurisdiction in other proceedings. These include The Phelps
-Dodge Corporation and two large oil companies.
Under the circumstances, we find, contrary to the Employer's con-
tention, that the Employer is engaged in activities affecting commerce
-within the meaning of the Act.'
3 See Matter of Amarillo Bus Co., 78 N. L R. B 1103; Matter of Philadelphia Subur-
^ban Transportation Company (Red Arrow Lines), 79 N. L. R. B. 448; and Matter of
.Lynchburg Transit Co., 79 N. L. R. B. 546.
79 N. L. R. B_, No. 141.
1068
1
EL PASO-YSLETA BUS COMPANY, INCORPORATED 1069}
2. The labor organization named below claims to represent employ-
ees 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 Petitioner seeks a unit of all bus drivers, excluding the relief
drivers and the nightman; the Employer urges that the relief drivers
and nightman be included in the unit.
The relief drivers, of whom there are two, are employed by the
Employer approximately 70 percent of the full time of the regular
drivers. The nightman, whose duties consist of servicing the busses
with gasoline and oil, operates a bus in emergencies. The record does
not show any past bargaining history. In view of these facts, it is
our opinion that the relief drivers and the nightman should be in-
cluded in the appropriate unit.
We find that the following employees of the Employer constitute
a unit appropriate for the purposes of collective bargaining within the-
meaning of Section 9 (b) of the Act:
All bus drivers of the Employer, including the relief drivers and.
the nightman but excluding the manager, superintendents, office em-
ployees, and 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 paragraph numbered
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 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 Division 1256, Amalgamated Association of Street,.
Electric Railway and Motor Coach Employees of America, A. F. of L_