Menderson Bus Lines

National Labor Relations Board - Board Decisions

Oct 7, 1944

58 N.L.R.B. 820 (N.L.R.B. 1944)

In the Matter of ALBERT BRYGGER, L. A. TANNER, F. I. STAFFORD, W. R.
WAYLAND , FRED G . HOLMES, RINEY B . SALMON , IRVING A. JENNINGS,
CO-PARTNERS DOING BUSINESS AS MENDERSON Bus LINES and AMAL-
GAMATED ASSOCIATION OF STREET ELECTRIC RAILWAY AND MOTOR
COACH EMPOYEES OF AMERICA, DIVISION 1325, A. F. L.
In the Matter of ALBERT BRYGGER, L. A. TANNER, F. I. STAFFORD, W. R.
WAYLAND, FRED G. HOLMES, RINEY B. SALMON, IRVING A. JENNINGS,
CO-PARTNERS DOING BUSINESS AS MENDERSON Bus LINES and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, DISTRICT 49, A. F. L.
Cases Nos. 01-R-2427 and 21-R-2444 respectively.-Decided October
7,1944
Mr. George H. O'Brien, of Los Angeles, Calif., for the Board.
Mr. Irving A. Jennings, of Phoenix, Ariz., for the Company.
Messrs. Wade Church and W. J. Eden, of Phoenix, Ariz., for the
Amalgamated.
Mr. Frank S. Fash, of Phoenix, Ariz., for the I. A. M.
Mr. Erwin A. Peterson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Amalgamated Association of Street
Electric Railway and Motor Coach Employees of America, Division
1325, affiliated with the American Federation of Labor, herein called
the Amalgamated, and by International Association of Machinists,
District 49, affiliated with the American Federation of Labor, herein
called the I. A. M., alleging that questions affecting commerce had
arisen concerning the representation of employees of Albert Brygger,
L. A. Tanner, F. I. Stafford, W. R. Wayland, Fred G. Holmes, Riney
B. Salmon, Irving A. Jennings, co-partners doing business as Mender-
son Bus Lines, Phoenix, Arizona,' herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate consoli-
' The name of the Company thus appears as corrected by stipulation entered into by the -
parties at the hearing.
58 N'. L. R. B., No. 162.
820
MENDERSON BUS LINES 821
dated hearing upon due notice before Louis Plost, Trial Examiner.
Said hearing was held at Phoenix, Arizona, on September 7 and 8,
1944. The Company, the Amalgamated, and the I. A. M. appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an 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 CODIPANY
Albert Brygger, L. A. Tanner, F. I. Stafford, W. R. Wayland, Fred
G. Holmes, Riney B. Salmon, Irving A. Jennings, were co-partners
doing business as Menderson Bus Lines 2 The Company is a public
carrier operating a bus transportation passenger service between, in
and about metropolitan Phoenix, Arizona. The Company presently
operates 41 busses.
Metropolitan Phoenix has a population of 145,142. It has 2 major
transit companies, The City of Phoenix Lines, a municipally owned
and operated streetcar and bus line, and the Company involved in this
proceeding. The Company transports 26.7 percent of all passengers
using the public transportation systems in metropolitan Phoenix. It
was stipulated that among the business establishments in Phoenix en-
gaged in commerce or operations affecting commerce there are 49
named manufacturing plants the employees of which are engaged in
production of goods for interstate commerce; that the taxable sales
of these plants last year amounted to $40,948,419.21; that these 49
concerns employ 12,712 employees; and that approximately 20 percent
of such employees relies upon the public transportation systems to get
to and -froiii work.3
2 Stafford recently died and under Arizona law, death of one partner automatically dis-
solves the partnership . Irving A. Jennings , one of the partners and attorney for the Com-
pany stipulated that the Company would not ralse .any technical questions as to the entity
of the Company. Jennings also requested that for the purposes of this proceeding the
Company be designated as Menderson Bus Lines , a copartnership. The stipulation is
approved , and the request is hereby granted.
8 The parties each conducted surveys as to the number of employees of these concerns who
use the Company's lines exclusively or in part to go to and from work. There was a wide
discrepancy in the results of the surveys The surveys were conducted among only 49 out
of 160 companies in metropolitan Phoenix which are listed by the State Tax Commission of
'Arizona as manufacturers . The surveys also did not include employees of such interstate
businesses as The Central Arizona Light and Power Company, Mountain States Telephone
-and Telegraph Company, Santa Fe Railroad , The Southern Pacific Railroad , The P. F. L.
Freight Lines , Salt River Valley Water Users Association , Western Union , United States
Post Office and other Federal agencies , oil companies , airports, and radio stations. The
record also reveals that the Company is the only public transportation system which
822 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
During the past year the Company transported a total of 8,179,140
passengers and its busses traveled 2,640,000 miles. The Company pur-
chased various materials for operation purposes valued at $171,703.94,
of which $8,436.56 worth was purchased directly outside the State of
Arizona. The parties stipulated that all the other materials used by
the Company were purchased from local concerns but were manufac-
tured outside the State of Arizona.
In view of the foregoing facts, we are of the opinion and we find
that the Company's operations affect commerce within the meaning of
the National Labor Relations Act.'
IT. THE ORGANIZATIONS INVOLVED
Amalgamated Association of Street Electric Railway and Motor
Coach Employees of America, Division 1325, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
International Association of Machinists, District 49, is a labor or-
ganization' affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the Amal-
gamated or the I. A. M. as the exclusive bargaining representatives of
its employees and contests the jurisdiction of the National Labor Re-
lations Board.
A statement of the Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Amalgamated and the-
I. A. M. each represents a substantial number of employees in the unit
it alleges to be appropriate.-5
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.
serves certain military establishments , namely the Papago Prison Campany and Thunderbird
Ail field.
In view of the inconclusive and incomplete character of this evidence we make no finding
as to the number of persons employed by concerns engaged in commerce in Phoenix who use
the. Company 's lines in traveling to and from work
See N. L. R. B. v. Baltimore Transit Company, 140 F. (2d) 61 (C. C. A. 4) ; cert. den.,
321 U. S. 795. See also Matter of Charleston Ti an8it Company , 57 N. L.• R. B. 1164.
The Field Examiner reported that the Amalgamated submitted 54 authorization cards, all
of which bore apparently genuine original signatures ; that the names of 32 persons -appear-
ing on the cards were listed on the Company's pay roll of July 18, 1944, which contained
the names of 66 employees in the.appropriate unit, and that 27 of the cards were dated
in May 1944 and 27 were undated. The I. A. M. submitted 11 application for membership
cards, all of which bore apparently genuine original signatures . The names of 9,persons
appearing on the cards were listed on the Company' s pay roll of July 18, 1944, which con-
tained the names of 23 employees in the appropriate unit. Four of the cards were dated
In February , 3 in May, 3 In July 1944, and 1 was undated.
MENDERSON BUS LINES
IV. THE APPROPRIATE UNITS
823
Substantially in accordance with an agreement of the parties at the
hearing, we find that the following constitute units appropriate for
the'purposes of collective bargaining within the meaning of Section
9 (b) -of the Act:
(1)' All employees of the Company, excluding all mechanics, me-
chanics' helpers, office employees, 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; and
(2) All mechanics and mechanics' helpers of the Company, ex-
cluding all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions 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 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 represent-
atives for the purposes of collective bargaining with Menderson Bus
Lines, a copartnership, Phoenix, Arizona, 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 Twenty-first 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 Regu-
lations, 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 tempo-
rarily 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 elections,
824 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action :
(1) All employees of the Company, excluding mechanics, mechanics'
helpers, and office employees, to determine whether or not they desire
to be represented by Amalgamated Association of Street Electric Rail-
way and Motor Coach Employees of America, Division 1325, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining;
(2) All mechanics and mechanics' helpers of the Company, to deter-
mine whether or not they desire to be represented by the International
Association of Machinists, District 49, affiliated with the American
-Federation of Labor, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.