Hazard Jenkins Lines, Inc.

National Labor Relations Board - Board Decisions

Mar 7, 1945

60 N.L.R.B. 1114 (N.L.R.B. 1945)

In the Matter Of HAZARD JENKINS LINES, INC. and UNITED CONSTRUC-
TION WORKERS, AFFILIATED WITH UNITED MINE WORKERS OF
AMERICA
Case No. 9-R-1698.-Decided March 7, 1945
Mr. Alexander E. Wilson, of Atlanta, Ga., and Mr. Gilbert Neill, of
Pikeville , Ky., for the Company.
Mr. Fred P., Locke, of Pineville , Ky., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, affiliated
with United Mine Workers of America, herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Hazard Jenkins Lines, Inc., Hazard, Ken-
tucky, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before James A.
Shaw, Trial Examiner. Said hearing was held at Lexington, Ken-
tucky, on February 9, 1945. The Company and the Union appeared at
and participated in the hearing.' All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed. All,parties were afforded opportunity to file briefs with the
Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hazard Jenkins Lines, Inc., is a Kentucky corporation engaged in
the transportation of passengers and the hauling of express. The
Although Transport Workers Union , Local 214, C . I. 0., herein called the T. W. U., was
served with Notice of Hearing , it did not appear.
60 N L R . B., No. 185.
1114
HAZARD JENKINS LINES, INC. ,1115
Company operates lines between Hazard, Kentucky, and Jenkins,
Kentucky, and Hazard, Kentucky, and Burkhorn, Kentucky. The
Company is a registered operator with the Interstate Commerce Com-
missioin and operates under an Interstate Commerce Commission cer-
tificate issued to Southeastern Greyhound Lines. The Company oper-
ates transportation facilities indirectly in competition with other bus
lines which are physically in interstate commerce and makes direct
connections at terminals with carriers in interstate commerce. The
Company sells tickets for the transportation on carriers outside the
State of Kentucky. About 90 percent of the equipment used by the
corporation, together with material used to operate same, is purchased
by the Company at points outside the State of Kentucky.
The Company admits, for the purpose 'of this proceeding, that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers, affiliated with United Mine Workers
of America, is a labor organization, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
On April_ 6, 1943, the Board certified the T. W. U. as the exclusive
collective bargaining representative of the employees involved herein.
Thereafter, the T. W. U. met with the Company on several occasions
but no contract was ever agreed upon between them. The Company
has had no communication from the T. W. U. since June 1943. As
stated hereinabove, the T. W. U., although served with Notice of
Hearing in the instant proceeding, did not appear. -
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
bus drivers and maintenance employees of the Company, excluding
' The Field Examiner reported that the Union presented 15 membership application cards.
There are approximately 17 employees in the appropriate unit.
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerical employees, 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 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 means of an election by secret ballot among
the employees 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 Direction.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hazard Jenkins
Lines, Inc., Hazard, Kentucky, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Ninth 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 Direction, including employees who did not work during
said pay-roll period because they were 'ill or on vacation or tempor-
arily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Construction Workers, affiliated with United Mine Workers of Amer-
ica, for the purposes of collective bargaining.