Jersey City & Lyndhurst Bus Co.

National Labor Relations Board - Board Decisions

May 25, 1943

49 N.L.R.B. 1087 (N.L.R.B. 1943)

In the Matter of JERSEY CITY & LYNDHIIRST Bus COMPANY and
BROTHERHOOD OF RAILROAD TRAINMEN
In the Matter Of JERSEY CITY-LYNDI-IURST Bus COMPANY, INC., and
LOCAL #1202, AMALGA1 ATED ASSOCIATION OF STREET, ELECTRIC
RAILWAY & MOTOR COACH EMPLOYEES OF AMERICA
In the Matter Of JERSEY CITY & LYNDHURST Bus COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS LODGE 340, A. F. OF L.
In the Matter of JERSEY CITY & LYNDHURST Bus COMPANY and
TRANSPORT WORKERS UNION OF AMERICA C. I. 0., LOCAL 225,
NORTHERN NEW JERSEY
-Cases Nos. 8-5135 through R-5138, respectively. Decided
May 25, 1943
Mr. H. P. Goldstein, of New York City, for the Company.
dlr. Harry Sacher; by Mr. Bernard Davis, of New York City, for
the Transport Workers.
Mr. Jacob Friedland, of Jersey City, N. J., for the Amalgamated.
Mr. F. C. Mooney, of Jersey City, N. J., for the BRT.
Messrs. Isserman, Isserman d Kapelsohn, by Mr. Sol Kapelsohn,
of Newark, N. J., *for the I. A. M.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Local #1202, Amalgamated Associa-
tion of Street, Electric Railway & Motor Coach Employees of
America, herein called the Amalgamated, and Transport Workers
Union of America, C. I. 0., Local 225, Northern New Jersey, herein
called the Transport Workers, and upon amended petitions filed by
,Brotherhood of Railroad Trainmen, herein called the BRT, and
International Association of Machinists Lodge 340, A. F. of L., herein
called the TAM, alleging that questions affecting commerce had arisen
49 N LRB,No 158.
1087
1088 - DE'CTSIONS OF 'NATIONAL LABOR RELATIONS BOARD
concerning the representation of employees of. Jersey City, & Lynd-
hurst Bus Company, Rutherford, New,Jersey, herein called the Com-
pany, the National Labor Relations Board consolidated the cases by
an order dated April 14, 1943, and provided for an appropriate hear-
ing upon due notice before Charles Whittemore, Trial Examiner.
Said hearing was held at Lyndhurst, New Jersey, on April 19, and
20, 1943. The Company, the Amalgamated, the Transport Workers;
the BRT, and the TAM appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record, in the case, the Board makes the following:
FINDINGS OF FACT\
1. THE BUSINESS OF THE COMPANY
Jersey City & Lyndhurst Bus Company, a,New Jersey corporation
with its principal office and place of business located in Rutherford,
New Jersey, is engaged in the operation of two bus' lines, hereinafter
referred to as the Cliffside Division and the Rutherford Division,
the former running,from Cliffside Park, New Jersey, to New York
City, and the latter running from Rutherford, New Jersey, to Jersey
City, New Jersey. The Company also operates, in connection with its
bus lines, two garages which are located at Guttenberg and Ruther-
ford, New Jersey, for the purpose of garaging and maintaining its
busses. The Company is subject to the jurisdiction of, and has been
licensed by, the Interstate Commerce Commission in the operation of
both'its Cliffside Division and its charter work under which biasses
owned by the Company may be sent into any State and the District
of Columbia. During the, year 1942, the operating income of the
Company was in excess of $500,000, approximately 18 percent of which
was derived from its charter work, and the balance derived about
equally from the two divisions which it operates. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act. '
H. THE ORGANIZATIONS INVOLVED
Local #1202, Amalgamated Association of Street, Electric Railway
Motor Coach Employees of 'America and International Association
of Machinists Lodge 340 are labor organizations affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
JERSEY CITY & LYNDHURST BUS COMPANY 1089
Transport' Workers Union of America, Local 225, Northern New
Jersey, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Company.
Brotherhood of Railroad Trainmen is- an unaffiliated labor organ-
ization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to grant exclusive recognition to any of the
labor, organizations herein in the absence of a determination of the
appropriate unit or units and a certification or certifications by the
Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the labor organizations involved herein
represent a substantial number of employees in the units hereinafter
designated as appropriate.'
We find that questions affecting commerce have 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 UNITS THE DETERMINATION OF REPRESENTATIVES
The Transport Workers and the Amalgamated both seek a single
unit comprised of bus operators and maintenance employees at both the
Cliffside and Rutherford Divisions of the Company, including extra
and part-time bus operators, despatchers, despatcher-drivers, and
starters, mechanics, mechanics' helpers, body men, painters, painters'
i The following chart, which lists only those designation cards bearing apparently
genuine original signatures of employees whose names appear upon the Company's pay
roll of December 5, 1943, comprises the report of the Regional Director :
CLIFFSIDE DivisioN RUTHERFORD DIVISION
Operators (A) Operators (B)
BRT------------------------------------------- 0
Amalgamated ----------------------------------- 32
Transport Workers------------------------------ 30
20
10
25
Maintenance(C) Maintenance (D)
Cleaners - Bechanies
(D-1) (D-2)
IAM-------------------------------------------- - - 5
Amalgamated ------------------------------------ 1 (?) 0 1 (1)
Tiansport Workers------------------------------- 0 0 0
According to the Company's pay rolls of April 19, 1943, there are approximately 40
employees in the unit designated as (A), 28 employees in the unit designated as (B),
13 employees in the unit designated as (C), 5 employees in the unit designated as (D-1),
and 13 employees in the unit designated as (D-2) In addition, there aie 3 multiple-
dutied employees, 2 of whom are to be added to (D-2), and 1 to be added to (B) (see
Section IV, infra). The Amalgamated submitted a designation card signed by an em-
ployee of the Company who was then a maintenance employee but who later became
an operator. He is designated twice upon the chart above, followed by a question mark,
inasmuch as there is no indication in the record of the division in which he is employed.
1090 DE'CTSIONS - OF NATIONAL LABOR RELATIONS BOARD
helpers, and cleaners, but excluding supervisory despatchers, clerical
office employees, stock clerks, clerical and supervisory, employees, and
'executives.2 The BRT seeks twwo separate units, consisting respectively
of bus operators, part-time and extra bus operators, despatcher-drivers,
despatchers, and-starters of each of the-Company's two divisions, but
,excluding supervisory despatchers, clerical office employees, and execu-
tives.3 The IAM seeks a unit consisting of all maintenance employees
in the Rutherford Division, including mechanics, mechanics' helpers,
body men, painters, and painters' helpers, but excluding stock clerks,,
cleaners ,4 and clerical and supervisory employees.' The Company
hikes no position with regard to the appropriate unit or units. r `
The Company has at present no existing collective bargaining agree-
ment with any labor organization. It has had, in the past, collective
bargaining agreements covering both divisions'with two labor organi-
zations now disestablished pursuant to a stipulation following the
filing of unfair labor practice charges by the Brotherhood.
The record discloses that, in the main, the two divisions of the. Com-
pany function independently. Schedule problems, are necessarily
different; because of this difference varying conditions of work exist
with regard to the' operators in the two divisions; each division main-
tains its own seniority roster. On the other hand, general administra-
tioh_ and employment procedures are handled centrally; -pay-checks are
issued from the central office in Rutherford; and there is frequent
interchange of busses and some interchange of mechanics between the
two divisions. Major repairs are usually done at Rutherford, so that
when a Cliff side bus requires such repairs, Rutherford personnel works
on it. In its charter work, the Company uses busses and their opera-
tors from both divisions, depending upon availability; thus, drivers
and busses from both divisions may sometimes be found on the same
charter. Each division has two superintendents, one in charge of
maintenance employees, the other in charge of operators, brit all super-
intendents are responsible to oile management official. In view of
these facts, both groups of employees at both divisions may properly
constitute a single appropriate unit, depending upon the considera-
tions discussed below.
As hereinabove stated, the I3RT seeks two separate units of opera-
tors. However, in view of the BRT's lack 'of representation among
the operators at the Cliffside Division, we see no reason for finding
2This would comprise (A), (B), (C), and (D), indicated in footnote 1, supra
With iefeionce to the chart in footnote 1, supra, the BRT seeks to have (A) and
(B) designated as separate units
4 The) e are sei en persons, two men and five women, listed on the pay roll 'of April
19 194s, as cleaners employed at the Rutherford Division Honneer, because of their
duties nnhieh entail the shifting of busses and work other than the cleaning of busses
the IA11I considems the two men as mechanics' helpers, and only the five women employees
as cleaners This classification is not disputed by any of the patties hereto
5 This would compuse (D-2) in footnote 1, snpre.
JERSEY CITY & LYNDHURST BUS COMPANY 1091
that operators alone may constitute a separate unit at the Cliffside
Division."
Both the BRT and IAM have a substantial representation among
the employees whom they seek to represent in the Rutherford Division.
As indicated above, both the Amalgamated and the Transport Work-
ers also seek to represent these employees , together with the cleaners,
whom the IAM would exclude from the bargaining unit. In view,of
the foregoing , we.are of the opinion , and find, that ' the operators and
maintenance employees of the Rutherford Division . may properly
constitute either two separate units or a single unit , or be merged
with operators and maintenance employees of the Cliff side Division.
As hereinbefore stated, the Transport Workers and the Amalgam-
ated, but not the IAM, seek to represent the cleaners . Inasmuch as
the cleaners perform duties which are part of the maintenance opera-
tions of the Company , we see no reason to deprive them of their right
to select a bargaining representative , especially in view of the desires
of the'Transport Workers and the Amalgamated, who seek industrial
units ; we shall therefore include cleaners among the maintenance
employees of the Company.
We shall therefore make no fnial determination of the appropriate
unit or units at this time . In accordance with our finding that the
Rutherford maintenance employees and operators could function
either as separate groups or as part of a single industrial unit, either
limited to ' that division or combined with the Cliffside employees, we
shall direct that separate elections be held among the following groups;
upon the results of these elections will depend , in part, the appropriate
unit or units :
1. All bus operators of the Company at its Rutherford Division,
including extra and part-time bus operators , despatchers , despatcher-
drivers , and starters, but excluding supervisory despatchers, clerical
office employees , and executives , to determine whether they wish to be
represented by'the BRT, the Amalgamated , or the Transport Workers
for the purposes of collective bargaining , or by none of these labor
organizations.
2. All maintenance employees of the Company at its Rutherford
Division , including mechanics , mechanics ' helpers, body men, paint-
ers, painters' helpers , and cleaners , but excluding stock clerks and
clerical and -supervisory employees , to determine whether they wish
to be represented by the IAM, the Amalgamated -, or the Transport
5Cf Matter of Lincoln Transit Co, Inc and Transport TVorkers Union of America,
47 N L R B 1325 , flatter of Blue Ribbon Liars and Ania'yamated -4ssoccattion of
Street, Electric Railway and Moto,- Oar Employees of loom ca, Local No 130 , affiliated
with American Federation of Labor , 43 N L R B 381 (Unit of diivers and mainte-
nance employees held appropriate despite union's desire to exclude maintenance employees
5 31 04 7-4 3-vol 40 -70
1092 DE'CTSIbNS OF NATIONAL LABOR RELATIONS BO'A'RD
Workers, for the purposes of collective bargaining, or by none^_of
these labor organizations.'
3. All, bus operators and maintenance employees of the Company
at its Cliffside Division, including extra and part-time bus operators,
,despatchers, despatcher-drivers, starters, mechanics, mechanics' help-
ers, body men, painters, painters' helpers, and cleaners, but excluding
supervisory employees, supervisory despatchers, stock clerks, clerical
and clerical office employees, and executives, to determine whether
they wish to be represented by the Amalgamated, the Transport
Workers, or by neither, for the purposes of collective bargaining."
There remain to be considered three multiple-dutied employees at
the Rutherford Division :
E. Lyons is an employee classified by the Company as a "mechanics"
helper-driver." He spends 75 percent of his time as a mechanics'
helper, and the remaining 25 percent as a driver. Although he holds
seniority as an operator (he is second on the operators' seniority
roster), the major part of his duties consists of maintenance work, and
we shall include him among the maintenance employees.-
H. Knapp is listed as a "greaser-driver." He is, however; an oper-
ator from 75 to 80 percent of his time, and greaser the remainder of
the time. He is listed.upon the operators' seniority roster. (There
is no seniority roster maintained by the Company for the mainte-
nance employees.) We are of the opinion that Knapp is an operator,
and we shall include him as such.
W. Petrie, who is designated as a "night utility and gas man-
driver," drives approximately 20 percent of the time; during the
remainder, he services and shifts the busses and assists the night man
at the garage. In view of his duties, we are of the opinion that he
is primarily a maintenance employee, and -we shall include h m as
such.
The practice of the Company is to add to its pay roll between the
months of May and October several employees who have no perma-
nent status, and the labor organizations herein involved desire to rep-
resent only permanent employees of the Company. We shall direct
that the questions concerning representation be resolved by elections
by secret ballot among the employees in'the voting groups herein
designated who were employed during the pay-roll period ending
' The IAM , as stated above , seeks a craft unit which is included within the industrial
unit sought by the Amalgamated Both are affiliated with the American Federation of
Labor. However, in view of the interest of the Transport workers, not a party to this
jurisdictional dispute , we shall proceed despite this collateral , issue . See Matter of Long-
Bell Lumber Company and International Association of Machinists Local No. 1350,
a.L'ilaated with the American Federation of Labor, 16 N. L R. B . 892, 897
' In view of the fact that the BRT presented no evidence of representation among any
of the employees of the Company at the Cliffside Division , we shall not include it upon
the ballot in the election conducted among these employees.
f
JERSEY CITY & LYNDIIURST BUS COMPANY 1093
April 19, 1943,0 subject to the limitations, and additions set forth- in
the Direction. - -
All parties except the Amalgamated desire an early election. -The
Amalgamated contends that no election should be held until after
January 1944, on the ground that the effects of certain alleged unfair
labor practices, upon which charges had been brought against the
Company, have not been dissipated even though the charges have
been settled. The Amalgamated further; contended at the hearing
that its exceptions to the settlement of certain of the charges filed
by it in February 1943 were not disposed of by the Board in the set-
tlement agreement of April 3, 194310 However, no appeal has been
taken, and counsel for the Amalgamated admitted at the hearing that
he could not present proof of the continued effect of the unfair labor
practices. We are of the opinion that the contentions of the Amalga-
mated are without merit. We shall therefore direct elections in
accordance with our usual practice."
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2,' as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jersey City &
Lyndhurst Bus Company, Rutherford, New Jersey, separate elections
by, secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of this Direction, under the
direction and supervision of the Regional Director, for the Second
Region, acting in this matter as agent for the National Labor Rela-'
tions Board, and subject to Article III, Section 10, of said Rules
and Regulations, among the following groups of employees of the
Company, who were employed during the pay-roll period ending
April 19, 1943, 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
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause :
The parties stipulated at the hearing to this date.
io Case No . 2-C-5092.
ii
The Amalgamated requested that it be designated upon the ballot as Local 1202,
Amalgamated Association of Street, Electric Railway & Motor' Coach Employees of Amer-
ica, A F' of L : and the Transport Workers requested that it be designated upon the
ballot as TWU -CIO. Both requests are hereby granted.
1094 DE'CTSIONS OF NATIONAL LABOR RELATIONS BOARD
A. All bus operators and maintenance employees employed by the
Company at its Cliffside, Division, in extra and part-time bus
operators, despatchers, despatcher-drivers, and starters, mechanics,
mechanics' helpers, body men, painters, painters' helpers, and cleaners,
but excluding supervisory despatchers, clerical and clerical office em-
ployees, stock clerks, supervisory employees, and executives, to deter-
mine.whether they desire to be represented by Local 1202, Amalga-
mated Association of Street, Electric Railway & Motor Coach Em-
ployees of America, A. F. of L., or'by TWU-CIO, for the purposes
of collective bargaining, or by neither.
B. All bus operators of the Company at its Rutherford Division,
including extra and 'part-time bus operators, despatchers, despatcher-
drivers, and starters, but excluding supervisory despatchers, clerical
office employees, and executives, to determine whether they desire
to be represented by Brotherhood of ' Railroad Trainmen, by Local.
1202, Amalgamated Association of Street.' Electric Railway & Motor
Coach Employees of America, A. F. of L.; or by TWU-CIO, for the
purposes of collective bargaining, or by none of these labor organi-
zations.
C. All maintenance employees of the Company at its Rutherford
Division, including mechanics, mechanics' helpers, body-men, paint-
ers, painters' helpers, and cleaners, but excluding stock clerks, and
clerical and supervisory employees, to determine whether they desire
'to be represented by International Association,of Machinists Lodge
340, affiliated with the American, Federation of Labor, by Local -1202,
Amalgamated Association of Street, Electric Railway & Motor Coach
Employees of America, A. F. of L., or by TWU-CIO, for the pur-
poses of collective bargaining, or by none of these labor organizations.
MR. GERARD D. REILLY took no part in the consideration of the
above'Decision and Direction of Election.