Kansas City Public Service Co.

National Labor Relations Board - Board Decisions

Jan 25, 1943

47 N.L.R.B. 1 (N.L.R.B. 1943)

In the Matter of KANSAS CITY PUBLIC SERVICE COMPANY and AMAIr
GAMATED ASSOCIATION OF STREET , ELECTRIC RAILWAY & MOTOR COACH
EMPLOYEES OF AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR
Case No. R-4705.-Decided January 05,191 .
Jurisdiction : common carrier transit industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without Board certification ; election necessary.
Unit Appropriate for Collective Bargaining : single or separate units held de-
pendent upon elections to be conducted among (1) all employees in the Trans-
portation Department, excluding all inspectors, despatchers, division fare box
men, collectors, and a stipulated list of employees, and (2) all remaining
employees, excluding a stipulated list of employees, and issue clerks not en-
gaged in checking supplies in and about warehouses and storerooms and who
worked as freight handlers.
Mr. John A. Weiss, for the Board.
Messrs. Carl E. Enggas and John R. Moberly, both of Kansas City,
Mo., for the Company.
Messrs. Gibson Langsdale and Clif Langsdale, both of Kansas City,
Mo., for the Amalgamated.
Mr. F. Kenneth Fisk, of Cleveland, Ohio, for the Brotherhood.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Association of Street,
Electric Railway & Motor Coach Employees of America, affiliated
with the American Federation of Labor, herein called the Amalgam-
ated, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Kansas City Public Serv-
ice Company, Kansas City, Missouri, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert S. Fousek, Trial Examiner. Said hear-
ing was held at Kansas City, Missouri, on December 28, 1942. The
Company, the Amalgamated, and Brotherhood of Railroad Trainmen,
47 N. L. R. B., No. 1.
513024-43-Vol. 47-1 1
`Z DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the Brotherhood, appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner'§ 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
I. ,THE BUSINESS OF THE COMPANY,
Kansas City Public Service Company, a Missouri corporation, di-
rectly and through subsidiaries owns and operates a common "carrier
transit servicethrough all parts of Greater Kansas,City, by a,coordi-
nated system of streetcar, trolley-bus and motorbus lines. In addition,
it owns and operates chartered and sightseeing motorbus service in the
Greater Kansas' City area, and its tributary territory,, ind furnishes
freight switching service on rail lines adapted thereto, • Its principal
place of business is located at Kansas City, Missouri. The Company's
properties and service cover portions of the States of Kansas and
Missouri, embracing an area of approximately 100 , square miles, hav-
ing a population in excess of,550,000. In the course of these opera-
t ions, the Company, through,its integrated common carrier transit
system, transports passengers between the States of Kansas and
Missouri.
The Company purchases substantial amounts of supplies, equipment
and material used in its operations from points outside the States of
Kansas and Missouri. The annual operating revenue of the Com-
pany exceeds $6,000,000, more than 17 percent of which is derived from
operations between the States of Kansas and Missouri: The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
Amalgamated Association of Street ; Electric Railway & Motor
Coach Employees of America, Division 1287, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
Brotherhood of Railroad Trainmen is an unaffiliated labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION -
The Company refuses to bargain with any labor organization until
it is certified by the Board as the exclusive bargaining representative
of the Company's employees in an appropriate unit.
KANSAS CITY PUBLIC -SERVICEI COMPANIY - 3-
A statement of the' Field Examiner',-introduced into evidence 'at the
hearing, indicates that the Amalgamated and the Brotherhood each
represents a substantial number of employees in. the unit alleged by
each to be 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 UNIT; THE DETERMINATION OF REPRESENTATIVES
The Amalgamated and the Company are agreed that all employees
of the Company, excluding those classifications listed in Appendix "A",.
should be-included in, the unit..' The classifications named in Appendix
"A" comprise the office, clerical and supervisory employees , as well as,
certain watchmen. The Amalgamated and the Company, however,
are in dispute as to certain groups discussed below. ' * '
The Brotherhood contends that streetcar and bus operators, des-
patchers, inspectors, collectors, hostlers, yardmen, brakemen and
switchmen in the Transportation Department, and all other employees
of the Company who retain their seniority or "road rights'.' in the
Transportation Department, excluding such employees who have the
right to hire or discharge, constitute an appropriate unit.
In general, the employees sought by the Brotherhood comprise a*
distinct and identifiable group, and we have in other cases found thlit
a unit consisting of such employees is appropriate for. the purposes of
collective bargaining on that ground 2 Both the Amalgamated and
the- Brotherhood have substantial representation in this, group. In
the instant case, there is no history of collective bargaining on behalf
of these employees by either of the-two labor organizations, and, in
addition, the Amalgamated has substantial representation among the
remainder of the employees of the Company within a unit which it
contends is appropriate. - Under these circumstances we are of the'
opinion that the Transportation Department employees could function'
either as a separate unit, as requested by the Brotherhood, or as part
of a larger unit, as urged by the Amalgamated and the Company.
There remains for consideration certain classifications that are in
dispute. ,
'The Field Examiner reported that the Amalgamated submitted 981 application cards
bearing apparently genuine original signatures , 854 of which bore names appealing on the
Company's pay loll of December 15, 1942, which contained approximately 1635 names in
the unit alleged by the Amalgamated to be appropriate He further reported that the
Brotherhood submitted 364 authorization cards beating apparently genuine original signa-
tures, 324 of which bore names appearing on the same pay roll, which contained approxi-
mately 1200 employees in the unit which it alleges to be appropriate. Thirty-seven
signatures appear on the cards submitted by both organizations
a See Matter of Virginia Electric & Power Co. and Amalgamated Association of Street,
Electric Railway & Motor Coach Employees of America, 45 N. L. R B. 1313.
4 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
Division fare box men: This classification comprises approximately
eight employees in the Transportation Department. They remove the
magazines containing money and tokens from the fare boxes of carriers,
place them in the Company's lockboxes, and replace them with empty
magazines. In addition, they record the sources of the revenue, keep
check of the income of the. carriers, make office records, and write,
accident reports. They are 'bonded employees, promoted from the
traffic checker force, whose exclusion is agreed upon by the Company
and the Amalgamated, and promoted to a division clerk classification,
whose exclusion is also agreed upon.3 Two-thirds of their time is
spent on clerical duties. The Amalgamated seeks their inclusion
within an appropriate unit. The Brotherhood takes the position that'
such of these employees who retain seniority or "road rights" in the
Transportation Department should be, included within an appropriate
unit, but offered no evidence at the hearing as to whether or not there
i existed any such distinction among these employees.4 The Company
desires that'the division fare box men be excluded because of the fact
that they are engaged in duties which are primarily clerical. We shall
exclude them as well as collectors.
"Issue" clerks: The Company contends that all of the employees
known as "issue" clerks in the Department of Purchasing and Stores
should be excluded from any unit or units on the ground that they are
clerical employees. The Amalgamated seeks to include within an
appropriate unit those "issue" clerks whose duties are primarily
performed in and. about the warehouses and storerooms, and who work,
as freight handlers or load and unload supplies. The Brotherhood
would include only "issue" clerks having road rights. The record does
not disclose the duties of the employees in this classification, but we
shall include within the unit or units hereinafter found appropriate
such of them who are engaged in checking supplies in and about the
warehouses and storerooms and who work as freight handlers, and shall
exclude all others.
Inspectors and despatchers: The Amalgamated and the Company
fire agreed that employees engaged in this classification should be ex-
cluded because of'their supervisory status. These employees act as
assistant division superintendents while the carriers are away from
the barn. `The despatchers are stationed at fixed points along the
routes; the inspectors traverse the routes. Both have the power to
take charge of traffic, make reports on the activities of operators to
the general office, and, if they deem it necessary, suspend operators.
The Brotherhood contends that employees in these two classifications
a See Appendix "A," attached hereto
'The Brotheihood requested that "collectors" be included within the unit while the
record is not clear, it appears that "collectors" are the same as fare box nmen, or perform
similar duties.
KANSAS ' CITY `PUBLIC - SERPICEi COMPANY- 4 ` 5
should be included in its proposed unit on the ground that they hold
road rights in the Transportation Department. Since these employees
perform clearly supervisory duties, we shall exclude them.
As•stated above, we are of the opinion that the unit requested by
the Brotherhood, excluding inspectors, despatchers, division fare-box
men, and collectors, could function either as a separate group or as
part of a larger unit. Accordingly, we shall direct that an election
be held among all employees in the Transportation Department, ex-
cluding those classifications listed in Appendix "A", attached hereto,
and excluding all inspectors, despatchers, division fare box men, and
collectors, to determine whether they wish to be represented by the
Amalgamated; the Brotherhood; or by neither. A second election
shall be held among the remainder of the employees, excluding those
employed within the classifications listed in Appendix "A", attached
hereto, and issue clerks not engaged in checking supplies in and about
warehouses and storerooms and who work as freight handlers, to
determine whether or not they wish to be represented by the
Amalgamated.
Upon the -results of these elections will depend in part the appro-
priate unit or units. If the employees in the Transportation Depart-
ment select a bargaining representative other than the representative
selected by the remaining -employees, they will constitute' a separate
and distinct appropriate unit. If they choose the same representative
as the remaining employees, they will be merged into a single unit with
such employees.
The Brotherhood contends that employees not presently employed
in the Transportation Department, but, who retain seniority or "road
rights" therein' because they 'have in the past been employed in that
department, should be allowed to vote. The record does not disclose
the nature of such rights, if any. These employees are not regularly
employed in the Transportation Department, and 'we shall for this
reason include in the Brotherhood's voting group only those employees
in eligible categories employed in the Transportation Department. •
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot among
the employees of the Company in the groups described below who were
employed during the pay-roll period immediately preceding the date
of the Direction of Elections herein, subject to the limitations and
additions set forth in the Direction.
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
6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
k
Relations Board Rules and Regulations-Series as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Kansas City Pub-
lic Service Company, Kansas City, Missouri, separate elections by
secret ballot shall be conducted as soon as possible, but not later than
thirty (30) days from this Direction, under the direction and super-
vision of. the Regional Director for the Seventeenth Region, acting in
this matter as agent for the National Labor Relations 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 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 States who
present themselves in person at the polls, but excluding those who have
since quit or been discharged for cause:
1. All employees of the Company in the Transportation Depart-
ment, excluding employees in the Classifications listed, in. Appendix
"A", attached hereto, those having the power to hire or discharge,
inspectors, despatchers, division fare box men, and-collectors, to deter-
mine whether they desire to be represented by Amalgamated Associa-
tion of Street, Electric Railway & Motor Coach Employees of Amer-
ica, Division 1287, affiliated with the American Federation of Labor,
or by Brotherhood of Railroad Trainmen, for the purposes of collec-
tive bargaining, or by neither;
2. All employees of the Company, excluding employees in the clas-
sifications listed in Appendix "A", attached hereto, issue clerks not
engaged in checking supplies in and about warehouses and storerooms
of the Company who work as freight handlers, and employees in the
Transportation Department to determine whether' or not they desire
to be' represented by Amalgamated Association of Street,. Electric
Railway & Motor Coach Employees of America, Division 1287, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining.
Ci-nArxmIAN MILLIS took no part in the consideration of the above
decision and direction of elections.
APPENDIX "A"
1. Law Department ; all employees
II. Secretary-Treasurer's Department; all employees
III. Accounting Department ; all employees
IV. Transportation Department ; the following classifications only:
a Headquarters and division superintendents and assistants;
b. Division clerks, cashiers and stenographers
KANSAS CITY PUBLIC SERVICEI COMPANY 7
c. Special officers
d. General office despatchers
e. General office supervisory , schedule-making, clerical and steno-
graphic forces
f. Traffic checkers -
g Instruction and training forces -
-h. Zone and sign paint foremen
i. Work and freight train foremen ( whether operating as motormen
or not ) and clerks
j. Station ; ticket and token agents
k Watchmen carrying arms or holding commissions only
V Shops & Equipment Department ; the following classifications only :
a. Shop, garage ' and division supervisors , foremen, assistant fore-
men, clerical and -stenographic employees -
b Watchmen carrying arms or holding commissions only
VI. Way Distribution Department ; the following classifications only, :
a. Supervisors and ioadmasters
b. Power despatchers
c. Foremen
d. General office supervisors , engineering , clerical and stenographic
forces
e. General office building service forces
f Watchmen carrying arms or • holding commissions only
VII. Purchasing - stores Department ; the following classifications only :
a. General storekeeper and assistants
b Supervisory , office 'clerical and stenographic forces -
c. Fox'emen, in the stockroom and otherwise
d. Telephone switchboard operators
e. Watchmen carrying arms or holding commissions only
VIII . Executive and Administrative Departments -