Honolulu Rapid Transit Co., Ltd.

National Labor Relations Board - Board Decisions

Aug 31, 1949

85 N.L.R.B. 1077 (N.L.R.B. 1949)

In the Matter of HONOLULU RAPID TRANSIT CoirI'ANY, LTD., EMPLOYER
and AMALGAMATED ASSOCIATION OF STREET , ELECTRIC RAILWAY AND
MOTOR COACH EMPLOYEES OF AMERICA, LOCAL DIVISION 1173, AFL,
PETITIONER
Case No. 37-RC-31.-Decided August 31, 19.19
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Arnold L.
Wills, hearing officer. The hearing officer's rulings made at the hear-
ing 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 [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. Transit Workers Union of Hawaii , herein called the Independ-
ent, and International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers Joint Council No. 79 of the Territory of
Hawaii, AFL , herein called the Joint Council, intervened at the hear-
ing. The Petitioner, the Independent, and the Joint Council, are
labor organizations claiming to represent employees 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 employee 's of the Employer constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All operating and maintenance employees at the Employer's Hono-
lulu, T. H., transit operations , excluding inspectors , school loaders
and dispatchers , statisticians , guards, professional employees, office
clerical employees , employees of the personnel department , the man-
ager, assistant manager, superintendents or department heads and
85 N. L. R. B ., No. 183.
1077
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their assistants, working foremen, and all other supervisors as defined
in the Act."
5. The Petitioner contends that, as the American Federation of
Labor has granted jurisdiction to it over the employees herein sought,
the Joint Council is incompetent to represent them and in attempting
to do so is violating orders from the Teamsters International. It
further contends that the Joint Council is acting in place of Local 998
of the Teamsters International, and that the said Local 998 has no
legitimate existence since it has been refused a charter by the Teamsters
International. For such reasons Petitioner moved that in the event
an election is directed, the Joint Council be not granted a place on the
ballot.
As to the Petitioner's first contention, we have previously held that
the authority of the bargaining agent in such circumstances must be
sought in the employees' consent and not in the eligibility of employees
to membership or in the exact extent of the union's jurisdictional
grant.2 Inasmuch as some of the employees in question have designated
the Joint Council as their representative for the purposes of collective
bargaining, we find that it is competent to represent these employees.
It is clear from the record that the effective resolution of the jurisdic-
tional dispute between these labor organizations cannot be had without
resorting to the administrative processes of the Act .3
As to the Petitioner's second contention, there is nothing in the
record to show that Local 998, if it exists, is an interested party in this
proceeding. The Petitioner admits that such a local has no legitimate
existence. Furthermore, there is no indication that the Joint Council.
would not adequately represent the employees herein involved 4 In
view of these circumstances, we deny the Petitioner's motion and shall
accord the Joint Council a place on the ballot in the election directed
herein.
DIRECTION OF ELECTION 5
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
' Matter of Honolulu Rapid Transit Company, Limited , 71 N. L . R. B. 172.
2 Matter of Grinnell Company of the Pacific , 71 N. L. R. B. 1370.
3 Ibid. See also , Matter of Pacific Car and Foundry Company, 76 N. L. R. B. 32; Matter
of Gerity Michigan Corporation, 78 N. L. R. B. 94.
4 Matter of Coast Pacific Lumber Co ., 81 N. L. R. B. 1351 ; Matter of Rankin Equipment
Co., 79 N. L. R. B. 1439.
5 Any participant in the election herein may , upon its prompt request to, and approval
thereof by, the Regional Director , have its name removed from the ballot.
HONOLULU RAPID TRANSIT COMPANY, LTD. 1079
Relations Board Rules and Regulations , 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 they desire
to be represented , for purposes of collective bargaining , by Amalga-
mated Association of Street , Electric Railway and Motor Coach
Employees of America , Local Division 1173 , AFL, or by Transit
Workers Union of Hawaii or by International Brotherhood of Team-
sters, Chauffeurs , Warehousemen and Helpers Joint Council No. 79
of the Territory of Hawaii , AFL, or by none.