Interstate-Trinity Warehouse Co.

National Labor Relations Board - Board Decisions

Jul 16, 1947

74 N.L.R.B. 521 (N.L.R.B. 1947)

In the Matter of INTERSTATE-TRINITI WAREHOUSE COMPANY, EM-
PLOYER and RETAIL, WHOLESALE AND DEPARTMENT STORE UNION,
CIO, PETITIONER
Case No. 16--R-J258 .Decided July 16, 19417
Messrs . Callaway and Reed , by Cllr. Carl B. Callaway , all of Dallas,
Tex., for the Employer.
Mr. Fred H. Sclvin .idt, of Dallas , Tex., for the Petitioner.
Mr. Jeromze A. Reiner, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Dallas,
Texas, on June 5, 1947, before Robert Silagi, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record III the case, the National LaWr Relations
Board makes the following:
F INOINOS OF F c'r
1. THE BUSINNaS OF TIii: EMI'LOYFL'
Interstate-Trinity Warehouse Company, a Texas corporation, op-
erates a public storage warehouse and is engaged in the business of
local and long distance moving and hauling, at Dallas, Texas. Under
a lease agreement the Employer is an agent for Allied Van Lines, Inc.,
a national trucking organization that operates throughout the entire
United States and furnishes equipment and drivers to the Allied Van
Lines, Inc., for the purpose of moving goods and merchandise between
points located inside and outside the State of Texas. During the year
epcbng May 31, 1947, the income of the Employer from all its business
operations exceeded $300,000, of which approximately 12 percent
represents the amount derived larder its lease arrangement with
Allied Van Lines, Inc. A private switch railroad track rums along-
74 N L R B, No 56.
521
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
side the Employer's warehouse in Dallas, Texas, and during the month
of March 1947 in excess of 200 inbound railroad cars were received and
unloaded at the said warehouse.
We find that the Employer, contrary to its contention, is engaged
in commerce within the meaning of the National Labor Relations Act.
II. TILE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations. claiming to represent employees of the
Employer.
III. TI E QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit of all warehouse employees, truck drivers,
and helpers employed by the Employer, excluding temporary em-
ployees and those employees of the Employer who drive for Allied
Van Lines, Inc. The Employer makes no contention with respect
to the appropriateness of the unit.
The employees of the Employer who drive the trucks for Allied Van
Lines, .Inc., are engaged principally in such duties although they also
do some warehouse work- for the Employer. The afore-mentioned
temporary employees are hired for specific jobs in connection with
extra volume business, the length of employment in each case depend-
ing on the nature of the job to be performed. The number of tempo-
rary employees varies at different times and the total length of employ-
ment of any such employee rarely exceeds 6 weeks in any 6-month
period. Under the circumstances herein, we shall exclude these em-
ployees from the unit.
We find that all warehouse employees, truck drivers, and helpers
employed by the Employer at Dallas, Texas, but excluding those em-
ployees of the Employer who drive for Allied Van Lines, Inc., tem-
porary employees, office and clerical employees, and all supervisory
employees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
INTERSTATE-TRINITY WAREHOUSE COMPANY
DIRECTION OF ELECTION
523
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Interstate-Trinity Warehouse Com-
pany, Dallas Texas, an election by secret ballot shall be conducted as
early as possible, but riot later than thirty (30) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Sixteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, 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 temporarily laid off, and including employees in the
armed forces of the United Slates who present themselves in person
at the polls, 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, to determine whether or not they desire to be
represented by Retail, Wholesale and Department Store Employees
Union, CIO, for the purposes of collective bargaining.