Greyhound Airport Services, Inc.

National Labor Relations Board - Board Decisions

Mar 24, 1971

189 N.L.R.B. 291 (N.L.R.B. 1971)

GREYHOUND AIRPORT SERVICES 291
Greyhound Airport Services, Inc. and Greyhound
Airport Services , Inc. of Virginia and District Lodge
No. 67 , International Association of Machinists and
Aerospace Workers, AFL-CIO, Petitioner. Case
5-RC-7262
March 24, 1971
DECISION ON REVIEW
BY MEMBERS FANNING, BROWN, AND JENKINS
On August 3, 1970, the Regional Director for
Region 5 issued a Decision and Direction of Election
in the above-entitled proceeding in which he found
appropriate the Petitioner's requested unit of dis-
patchers employed by the Employer at Washington
National Airport and Dulles International Airport,'
and rejected the Employer's contention that such
dispatchers are supervisors as defined in the Act.
Thereafter, in accordance with Section 102.67 of the
National Labor Relations Board Rules and Regula-
tions, Series 8, as amended, the Employer filed a
timely request for review of the Regional Director's
Decision on the grounds that he made factual findings
which are clearly erroneous and that, in making his
unit finding, he departed from officially reported
precedent. By telegraphic order dated September 2,
1970, the National Labor Relations Board granted the
Employer's request for review and stayed the election
pending its Decision on Review. Thereafter, the
Employer filed a brief on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, the Board has delegat-
ed its powers in connection with this case to a three-
member panel.
The Board has considered the entire record in this
case with respect to the issues under review, including
the Employer's brief on review and affirms the
Regional Director's Decision, for the following
reasons: 2
The Employer, under contract with the Federal
Aviation Administration, provides continuous
ground transportation services for passengers using
Washington National and Dulles International Air-
ports. It utilizes 193 taxicabs, 23 coaches, and 42
limousines , operated by 975 full-time and part-time
drivers.
A vice president of operations and a director of
personnel, with offices at National, have overall
i On August 27, 1970, the Decision and Direction of Election was
amended to exclude dispatcher trainees from the requested dispatcher unit
per agreement of the parties , as they are currently regularly employed as
drivers and are included in the established drivers' unit , currently
represented under contract by Amalgamated Transit Union Local 1528.
2 The Employer 's request for oral argument is hereby denied as the
record and briefs , in our opinion , adequately present the issues and the
positions of the parties
i As of the hearing held on June 4 and 5 , there had been one
responsibilities. In direct charge of operations at each
airport are an operations manager and two assistant
operations managers. Assisting them in shift supervi-
sion are a number of supervisors-on-duty, to be more
fully discussed below.
There are 31 dispatchers whose supervisory status is
in dispute, 26 assigned to National and five to Dulles.
They wear an emblem designating them as
"supervisors." They are paid a salary, and generally
work a 9-hour day, 5 or 6 days a week. Drivers receive
a Chauffeur's Manual which sets forth the Employer's
policy as to their operations. The manual states that
"any employee found to be under the influence of
intoxicants when reporting for duty, while on duty, or
on or about the Company's premises at any time,
automatically dismisses himself from the service of
the Company"; and that "Employees found to be
addicted to the use of habit-forming drugs will be
dismissed from the Company." It also sets forth
requirements as to uniform, personal appearance, and
general conduct. The manual also details the obliga-
tions of drivers to dispatchers; i.e., authorization of
overtime, reporting of defects found in their vehicles,
authorization for operation of a cab without use of
taximeter, trip reports, their practices "on the line"
(limousine or cab) at the airports and at the various
other terminals, radio operation, operation of vehicles
outside the metropolitan area, reporting of accidents,
etc. The dispatchers are generally informed of the
Employer's policies through meetings with
management3 and bulletins issued from time to time.
At Dulles, the operations manager has two assist-
ants, one on duty from 9 a.m. to 6 p.m. and the other
from 5 p.m. to 2 a.m. There are five dispatchers, the
most senior of whom is on duty from 2 a.m. to 8 a.m.4
There are two dispatcher locations manned during the
day and evening shifts. At one location, the east door,
the actual dispatching of buses and limousines occurs.
A cab dispatcher handles the cab line at the other
locations, the west door. During peak periods,
between 4 and 8 p.m., a third dispatcher may be used.
The Dulles operation utilizes 17 buses (of different
sizes), 11 limousines , and 10 cabs. There are 13
scheduled bus runs. As needed, backup buses are used
for "wild" runs.5 Limousines are used for reservation
pickup. Although the maximum number of Dulles
cabs used at any one time is 10, almost 40 National
cabs are called in during the peak period each day.
management meeting attended by all dispatchers in March 1970, and one
for hotel dispatchers only in April 1970 There was testimony that five or
six dispatcher meetings were held in 1969, with no indication as to their
scope
4 It is not clear from the record whether he occupies the status of a
supervisor-on-duty
5 A wild run is an unscheduled one directed by a dispatcher to handle
overflow passenger traffic
189 NLRB No. 53
292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
About 95 full- and part-time drivers work out of
Dulles. They are clocked in by the dispatcher-on-duty
or the cashier and report to the car and route
assignment dispatcher who is on the west door. The
details of vehicle assignment and dispatching proc-
dures appear to be the same at both airports and are
described below. Because the higher volume of
passenger traffic is at National, greater specialization
of dispatcher functions are there present. Therefore,
the duties of the dispatchers appear to be more
diversified at Dulles than at National.
At National, the operations manager has two
assistants, one of whom works a day shift with him
and is the telephone instructor, while the other works
the evening shift. Covering the midnight to 7 a.m. shift
and the weekend shifts are five dispatchers designated
as supervisors-on-duty (found by the Regional Direc-
tor to be supervisors as defined in the Act).6 In
addition, there are 26 dispatchers (a maximum of 12
on each of the daylight shifts and two on the nights)
assigned to specialized dispatching functions at
various locations. On each of the daylight shifts, an
approximate average of 140 cabs convey passengers
to and from the airport. There are 26 scheduled day
runs for limousines and 24 evening runs, in addition
to "wild" runs when need arises. Also, five or six buses
(of relatively small size) are used as needed. The
duties of the dispatchers at their various "hills" or
locations were detailed by the operations manager
and may be summarized as follows:
Car assignment hill: A dispatcher is assigned to this
hill on two shifts, from 4 a.m. to 1 p.m., and 1 p.m. to
10 p.m. Generally, the same man is assigned to this
hill, but at least half the dispatchers have at one time
done the work. This dispatcher works next to the
cashiers (there is a window for the car assignment
man and two windows for cashiers); the first shift
man spends part of his shift doing cashier work. The
first shift car assignment man each morning checks
the vehicles in the lot and prepares the program sheet,
assigning vehicles of each type to drivers on the basis
of seniority, as required by the contract covering the
drivers. There are about 880 full- and part-time
drivers assigned to National. When the drivers clock
in they are given a manifest and directed to their
assigned vehicles. The driver reports any discrepan-
cies in the manifest or defects in the vehicle to the car
assignment man who takes the necessary action. He is
the contact man between the shop and the drivers for
repair and maintenance of the vehicles; and he
handles details when vehicle breakdowns occur on the
6 The "supervisor-on-duty" is the highest company official on duty
during shifts when the operations manager and assistant operations
managers are not present This position was created by the Employer at the
request of the dnvers ' representatives in order that the representative
working the line would have somebody to consult and talk to on
grievances They have authority to answer any problems which may arise
road and investigates accidents. He is also the contact
man for dispatchers desiring additional vehicles, and
he calls in drivers as needed, using the "extra" list
which again is prepared on the basis of seniority.
Because full-time drivers have certain minimum work
guarantees under the drivers' contract, they at times,
when available, enjoy priority over part-time drivers.
The car assignment man checks the drivers' appear-
ance and uniform when they report in and can require
them to take corrective action, including authonza-
tion to purchase articles of clothing. He can excuse
drivers for sickness. In case of continued absenteeism,
discrepancies, or other violations of rules or policy, he
prepares a short form complaint report (on which he
may at times make a recommendation) and refers the
driver to the operations manager or, in his absence,
the assistant operations manager or the supervisor-
on-duty. After an independent investigation of the
matter, a decision is made what action to take, if any.
In some cases, where serious violations are involved,
such as alleged drunkenness or refusal to accept
instructions, the dispatcher may "knock" the driver
"off the clock," an action which has the effect of
suspending him from work until his status is resolved.
If a grievance is filed concerning the matter and the
grievance is resolved in favor of the driver, reimburse-
ment is made for any loss of income resulting from the
suspension from duty.
Cashier hill: From 1 p.m. to 10 p.m., two dispatchers
perform the cashier function; i.e., checking out
manifests submitted by dnvers, counting money, etc.
A female cashier works a day shift.? From 10 p.m. to 7
a.m. one dispatcher is on the cashier hill. The cashier
dispatchers report manifest discrepancies of a serious
nature to the operations manager and may require a
driver to take further training under the Employer's
manifest training program.8
Door dispatchers: At the south door, the starter point
for dispatching, where most passengers are directed
for transportation, there are three dispatchers on duty
on each daylight shift, designated as limousine, route,
and cab dispatchers. The cab dispatcher handles the
main cab line. The limousine dispatcher contacts the
passengers and loads them into limousines. The route
dispatcher controls the time element, instructs the bus
and limousine drivers as to the route, and checks the
load. These dispatchers can, when in their judgment it
is necessary, use a cab for limousine service and vice
versa. They may also authorize overtime when the
demand requires it. At the United Airlines door, on
two overlapping daylight shifts, there is a limousine
while they are on duty in such capacity
As above indicated , prior to I p in the car assignment man spends
some time performing the cashier function
8 The record shows that a cashier dispatcher reported a cash shortage
The operations manager suspended the driver involved the following day
and I week later, after his investigation , discharged the driver
GREYHOUND AIRPORT SERVICES 293
and cab dispatcher. At the center or main door, close
to which is the operations center and main terminal
office, a cab dispatcher works on each of three shifts.
This dispatcher receives instructions from the control
office window as to all door-to-door and crew pickups
and makes the assignments. The Page International
terminal door and the north terminal door each has a
dispatcher on two daylight shifts who does cab and
limousine dispatching.
Dixon, a cab dispatcher assigned to the south door,
testified for the Petitioner. He stated that he has never
exercised the authority to suspend a driver from duty,
but when a man refuses to accept his instructions or
commits serious breaches of policy, he can and does
require the driver to go the the office of the operations
manager. However, when minor alterations have
arisen on the cab line, he has "ironed it out" with the
driver on the platform.9
Operations control office: This office, which is close
to the main terminal office where the operations
manager and his assistants are located, is manned by
one or two dispatchers on each of the two daylight
shifts.10 All dispatchers have manned this hill at one
time or another. These dispatchers spend much of
their time on the telephone. They take care of
inbound reservations, arrange for pickups of passen-
gers and crews, handle complaints and make adjust-
ments in rates, make refunds to passengers, handle
emergency requests for transportation, when neces-
sary contract out transportation requests to other
companies, and provide shuttle service on the field in
emergencies.
Downtown dispatchers: A dispatcher is on duty from
8 a.m. to 6 p.m. at the Statler Hotel. Also, one is on
each of two daylight shifts at both the Washington
Hilton Hotel and the Howard Johnson Motel. These
dispatchers have a schedule of limousine service to
guide them in serving hotel guests. If larger groups
require transportation, they request same of the route
man at the south door at National. In case of a
breakdown in service they use the hotel cabstand.
The operations manager testified that dispatchers
prepare many short form complaint reports on
drivers.11 Perhaps typical are the following, in
evidence. One involved a driver who was instructed
by a door dispatcher to make a pickup at Hangar 2
and responded "To hell with you." The incident was
investigated by one of the assistants to the operations
manager who suspended the driver for the day and
9 For example, Dixon testified "I don't think it is necessary for an adult
man to have to be written up like a child Consequently, most of the minor
or petty things I observed there I simply talked it over with the driver" He
further testified that other dispatchers who do not handle it that way have
more trouble, that "they will write up a complaint "
10 Although not entirely clear it appears that two men are on this hill on
each shift but that one of them may be a dispatcher excluded as a
"supervisor-on-duty "
warned of dismissal if the practice continued. Anoth-
er involved a report by a night dispatcher on the
cashier hill (who acts as supervisor-on-duty on
Saturday nights) that he observed a cabdriver
exceeding the speed limit at 60 m.p.h., overtook him,
and cautioned him to slow down. Other reports
offered in evidence were made by car assignment
dispatchers and generally involved absenteeism.
The operations manager testified that the dispatcher
has authority to discipline a driver by "knocking him
off the line." He added that the dispatcher could
"fire" a man who was "under the influence of liquor"
or "a disgrace to the platform or anybody." However,
he elaborated by saying that the dispatcher " relieves
[the offending driver] of his duties and he refers him
to me the next day" and that he independently
investigates the matter.12
Upon the foregoing and the entire record in this
case, we conclude, in agreement with the Regional
Director, that the dispatchers in issue are not
supervisors as defined in the Act. It is clear that the
primary responsibility of the dispatchers is to provide,
as expeditiously as possible, vehicular transportation
for airline passengers and personnel going to and
from the airports involved. Incidental to that respon-
sibility, as above described, the dispatchers assign
vehicles and give directions to drivers in accord with
the Employer's established policies, including the
provisions of the existing collective-bargaining agree-
ment covering the drivers. For this reason, we find
that the assignments made and the directions given do
not require the use of independentjudgment.13
As detailed above, the dispatchers are also required
to implement the Employer's policies and rules with
respect to driver appearance and conduct, and when
they observe infractions they bring them to the
attention of the drivers involved. The dispatchers on
occasion "write up" a driver for rules infractions and
may recommend discipline, e.g., that a full-time driver
with a record for frequent unexcused absences be
given the status of a part-time driver. Also, on some of
the assignment hills, as noted, dispatchers may in case
of a serious rules violation "knock" a driver "off the
clock" and direct him to report to the operations
manager's office. However, in all cases of reported
rules infractions, the operations manager or an
acknowledged supervisor conducts an independent
investigation and takes appropriate action. No in-
stances have been cited of a dispatcher on his own
11 Although some dispatchers make comments on recommendations in
the space provided therefor on the forms , there was testimony that they do
not have access to a driver' s personnel file to ascertain his past record of
violation of rules
12 However , as above indicated, no instances were cited in the record
where a dispatcher has in fact sent a man home
13 See The Baltimore Transit Company, 92 NLRB 1260, and Capital
Transit Company, 98 NLRB 141, 145
294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
initiative sending a driver home. In the circumstances,
we find that the dispatchers here involved merely
report incidents of alleged rules infractions to ac-
knowledged supervisors for disposition and do not
themselves have or exercise the power to suspend or
effectively to recommend changes in the status of
drivers.14
14 See Carey Transportation, Inc, 119 NLRB 332, Capital Transit
Company, 114 NLRB 617, 628, where reporting rule infraction was deemed
a matter of monitoring rather than supervising, cf Spector Freight System,
Inc, 141 NLRB 1110, 1113, 1118, where city dispatchers were found
supervisors "on substantial evidence" of authority to discipline city dnvers
See also N L R B v City Yellow Cab Company, 344 F 2d 575, 581 (C A 6),
enfg 144 NLRB 994, in which the court found that switchboard operators,
also referred to as dispatchers, who dispatched cabs and, took customer
complaints, had no authority to suspend for a "substantial period" despite
the fact that they could call drivers off the road for rule infraction, and no
authority effectively to recommend discipline of drivers, distinguishing its
earlier decision in Eastern Greyhound Lines v N L R B, 337 F 2d 84 (C A
6), relied on by the Employer
11 In order to assure that all eligible voters may have the opportunity to
Accordingly, we shall remand the case to the
Regional Director in order that he may conduct an
election pursuant to his Decision and Direction of
Election, except that the eligibility payroll period for
the election shall be that proceeding the date of
issuance-15
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, N L.R B v Wyman-Gordon Co, 394 U S
759 Accordingly, it is hereby directed that a corrected election eligibility
list, containing the names and addresses of all the eligible voters, must be
filed by the Employer with the Regional Director for Region 5 within 7
days of the date of this Decision on Review The Regional Director shall
make the list available to all parties to the election No extension of time to
file this list shall be granted by the Regional Director except in
extraordinary circumstances Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed