Midway Transportation Co.

National Labor Relations Board - Board Decisions

Mar 7, 1941

30 N.L.R.B. 108 (N.L.R.B. 1941)

In the Matter of G. S. LINSLEY AND W. L. THRASH, DOING BUSINESS
AS MIDWAY TRANSPORTATION COMPANY and INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS, OF
AMERICA, LOCAL 878, AFFILIATED WITH AMERICAN FEDERATION OF
LABOR
Case No. (1-1813 .-Decided March 7, 1941
Jurisdiction : motor transportation industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Charles A.'Kyle, for the Board.
Mr. G. S. Linsley, of Glenwood, Ark., for the respondent.
Mr. Odell Smith, of Little Rock, Ark., for the Union.
Miss Mary E. Perkins, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, Local 878, affiliated with American Federation
of Labor,' herein called the Union, the National Labor Relations
Board, herein called the Board, by the Regional Director for the
Fifteenth Region (New Orleans, Louisiana), issued its complaint
dated January 20, 1941, against G. S. Linsley-and W. L. Thrash, doing
business as Midway Transportation Company, herein called the re-
spondent,2 alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce , within the
:'The name of the Union appeared on all formal papers and pleadings as International
Brotherhood of Teamsters , Chauffeurs , Stablemen and Helpers of America , Local 878,
affiliated with American Federation of Labor At the hearing the Trial Examiner granted
a motion to amend the pleadings so that they would conform with the terminology used
in the stipulation . The name of the Union contained in the latter document appears as
it is printed in the text.
2 The name of the respondent appeared in the pleadings as Midway Transportation Com-
pany By the motion mentioned in footnote 1 above, the pleadings and other formal
papers were amended to correspond with the name of the respondent as it appears in the
stipulation and above in the text.
30 N. L. R. B., No. 19.
108
G. S. 'LINSLEY & W. L.. THRASH 109
meaning'of Section 8 (1), (3), and (5) and Section 2 (6)' and (7)
•of the" National, Labor Relations Act, 49 Stat. 449, herein called the
Act. Copies of the complaint together with notice of hearing thereon
were duly served upon the respondent and the Union.
With respect to the unfair labor practices, the complaint alleged
in substance that respondent (1) discouraged membership in a labor
-organization by discharging A. E. Rogers on October 26, 1940, and
.subscduently, refusing ,to reinstate him, because of his-.membership
in and activities on behalf of the Union; (2) refused to bargain collec-
tively with the Union on specified dates when the Union represented
a majority of the respondent's employees in a unit appropriate for
collective bargaining; and (3) thereby and by other acts interfered
with, restrained, and coerced its employees in the exercise of the
rights guaranteed in Section 7 of the Act. The respondent filed no
answer.
On February 5,,1941, the respondent, the Union, and an attorney
for the Board- entered into a stipulation in settlement of the case,
subject to the approval of the Board. The stipulation provides as
follows :
Charges having been filed with the Regional Director, National
Labor Relations Board,"-Fifteenth Region, complaint was issued
and served on all parties wherein -and whereby it was alleged
that the respondent engaged in unfair labor practices in viola-
tion of Sections (1), (3), and (5), (sic) of the National Labor
Relations Act (49 Stat., 449). All parties hereto acknowledge
service of the Complaint, Notice of Hearing, and Charge.
It being the intention of the parties to dispose of the matters
which have 'arisen, it is hereby stipulated and agreed by and
amongG. S. Linsley and W. L. Thrash, dba Midway Transporta-
tion Company; and International Brotherhood of Teamsters,
Chauffeurs," Warehousemen and Helpers of America, Local No.
878,.AF of L., by its President, Odell Smith; and by Charles
A. Kyle, designated attorney in this matter, National Labor
Relations Board, Fifteenth Region; as follows :
I
'The respondent, G. S. Linsley and W. L. Thrash, dba Midway
Transportation Company, has since on about October 1st, 1940,
carried on the said business with his principal office and place
of business in Glenwood, Arkansas. Respondent is engaged in
the business of transferring, trucking, transporting, and carrying
for compensation ^ general commodities, of which respondent
transports in excess of 300 tons during an average month. Ap-
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proximately 30 °Jo of such general • commodities originate out of
or are destined to states other than the state of \Arkansas. The
respondent admits for the purpose of this, pr& eeding that it
is engaged in interstate commerce within the meaning of Section
2, Sub-sections (6) and (7) of the National Labor Relations Act.
II
All parties hereto waive all further and other procedure pro-
vided by the National Labor Relations Act of the Rules and
Regulations of the National Labor Relations Board, including
the taking of testimony and the making of findings of fact and
conclusions of law.
III
This Stipulation, together with the Charge, Complaint; and
Notice of Hearing, may be introduced in evidence by filing
them with the Chief Trial Examiner of the National Labor
Relations Board Washington, D. C. and/or with the Trial Ex-
aminer designated in this matter, and shall constitute the record
in this case.
IV
Respondent agrees to offer to A. E. Rodgers immediate and full
reinstatement to his former employment without prejudice to his
rights and privileges, and paying to him the sum of One
Hundred-and Ninety Dollars ($190.00).
V
On the basis of the facts stipulated in paragraph I above, the
pleadings and the record described in paragraph III above, this
stipulation, and-by agreement of the parties hereto, the National
Labor Relations Board may enter its order in the following form
in the above-entitled case :
ORDER
The National Labor Relations Board hereby orders that G. S.
Linsley and W. L. Thrash, dba Midway Transportation Com-
pany, its officers, agents, successors, and assigns will :
1. Refrain from :
(a) In any manner interfering with, restraining , or coercing
his employees in the exercise of their rights in self-organiza-
tion, to form, join or assist labor organizations, to bargain
collectively through representatives of their own choosing, and
G. -S. LINSLEY & W. L., THRASH , 111
to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection as guaranteed
in Section 7 of the National Labor Relations Act :
(b) Discriminating against any employee because of his
membership in or activities on behalf of the International
Brotherhood of Teamsters, Chauffeurs, Warehousemen, and
Helpers, of America, Local 878 AF of L;
(c) Discouraging membership in the International Brother-
hood of Teamsters, Chauffeurs, Warehousemen, and Helpers
of America, Local 878 AF of L, or any other labor organization
of its employees.
2. Take the following affirmative action to effectuate the
policies of the Act :
(a) Post notices in conspicuous places in his garages, and
other places of business, particularly in the following termini-
Little Rock, Hot Springs, Glenwood, and Texarkana, Arkansas,
for a period of 60 days, stating that he will refrain in the
manner aforementioned;
(b) Offer to A. E. Rodgers immediate and full reinstatement
to his former employment without prejudice to his rights and
privileges and pay to him the sum of One Hundred and
Ninety Dollars ($190.00) ;
(e) Notify the Regional Director for the Fifteenth Region
in writing within ten days from the date of the approval of
this stipulation by the National Labor Relations Board as
to the steps the respondent has taken to comply with said
order.
VI
The respondent hereby consents to the entry by the United
States Circuit Court of Appeals for the appropriate circuit, upon
application of the board, of a consent decree enforcing an order
of the board in the form herein above set forth, and hereby
waives further. notice of the application for such decree. The
Board will, as soon as conveniently possible, make application for
said consent decree.
VII
It is understood and agreed that this stipulation embodies the
entire agreement between the parties and there is no verbal
agreement of any kind which varies, alters, or adds to this
stipulation.
1i2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VIII
It is; understood and agreed further that this stipulation is
subject to the approval of the National Labor Relations Board
and shall effective immediately on receipt of notice granting such
approval.
Pursuant to notice a hearing was held at Little Rock, Arkansas, on
February 6, 1941, before Horace A. Ruckel, the Trial Examiner
duly designated by the Board. The Board, the respondent, and the
Union appeared by their representatives; all- participated in the hear-
ing. The formal documents, the pleadings, and the stipulation were
introduced in evidence. No testimony was taken. The Trial Ex-
aminer in the course of the hearing granted the motion of the Board's
attorney to dismiss those charges in the complaint alleging that the
respondent had engaged in unfair labor practices within the meaning
of Section 8 (5) of the Act. He further granted a motion to amend
the pleadings to make them conform with any differing terminology
employed in the stipulation. These rulings of the Trial Examiner
are hereby affirmed.
On February 12, 1941, the Board issued its order approving the
stipulation, making it part of the record in the case, and, pursuant to
Article III, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, transferring the proceeding
to and continuing it before the Board for the purpose- of, entry of a
decision and order by the Board pursuant to the provisions of the
stipulation.
On February 13, 1941, the parties to the original stipulation entered
into a supplemental stipulation, which provides as follows :
It being the intention of the parties to amend the original
settlement Stipulation agreed on in these matters on February
5, 1941, it is hereby stipulated and agreed by and among G. S.
Linsley and W. L. Thrash, dba Midway Transportation Com-
pany; and International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, Local No. 878, A. F. of
L., by its president, Odell Smith; and by Charles A. Kyle,
designated attorney in this matter, National Labor Relations
Board, Fifteenth Region, as follows:
1. Paragraph 2 of the original Settlement Stipulation shall
be amended to read as follows : All parties hereto waive all
further and other procedure provided by the National Labor
Relations Act and the- Rules and Regulations of the National
Labor Relations Board, including the taking of testimony, and
the making of findings of fact and conclusions of law.
G. S. LINSLEY & W. L. THRASH 113
2. Paragraph 3 of the original Settlement Stipulation shall be
amended to read as follows: This Settlement Stipulation and
Supplemental Settlement Stipulation, together with the charge,
complaint, Notice of Hearing- and transcript may be introduced
in evidence by filing them with the Chief Trial Examiner of the
National Labor Relations Board, Washington, D. C., and/or
with the Trial Examiner designated in this matter, and shall
constitute the record in this case.
Section 2 (c) of the Order provided for in the original Settle-
ment Stipulation shall be amended to read as follows : Notify the
Regional Director for the Fifteenth Region of the National
Labor Relations Board, in writing, within ten (10) days of the
issuance of the Order what steps have been taken in compliance
therewith.
On February 21, 1941, the Board issued its order approving the
supplemental stipulation and making it a part of the record in the
case.
Upon the basis of the said stipulations and the entire record in the
case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, G. S. Linsley and W. L. Thrash, doing business
as Midway Transportation Company, is a partnership having its
principal, office and place of business in Glenwood, Arkansas. The
respondent is engaged in the business of transporting for compensa-
tion general commodities of which the respondent transports in ex-
cess of 300 toms during an average month. Approximately 30 per
cent of such general commodities originate in or are destined to
States other than the State of Arkansas. The respondent admits, for
the purpose of this proceeding, that it is engaged in commerce within
the meaning of Section 2 (6) and (7) of the Act.
We find that the above-described operations of the respondent con-
stitute a continuous flow of trade, traffic, and- commerce among the
several States. -
H. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local 878, is a labor organization affil-
iated with the American Federation of Labor.
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact, stipulations, and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act,'the National Labor Relations Board
hereby orders that the respondent, G. S. Linsley and W. L. Thrash,
doing business as Midway Transportation Company, its officers,
agents, successors, and assigns shall:
1. Refrain from :
(a) In any manner interfering with, restraining, or coercing its
employees in the exercise of their rights to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid or protection as guaranteed in Section 7,of the National Labor
Relations Act;
(b) Discriminating against any employee because of his member-
ship in or activities on behalf of the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen, and Helpers of America,
Local 878, A. F. of L;
(c) Discouraging membership in the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen, and Helpers of America,
Local 878, A. F. of L. or any other labor organization of its
employees.
2. Take the following affirmative action to effectuate the policies of
the Act :
(a) Post notices in conspicuous places in its garages, and other
places of business, particularly in the following termini : Little Rock,
Hot Springs, Glenwood, and Texarkana, Arkansas, for a period of
sixty (60) days, stating that it will refrain in the 'manner afore-
mentioned ;
(b) Offer to A. E. Rodgers immediate and full reinstatement to his
former employment without prejudice to his rights and privileges,
and pay to him the sum of One Hundred and Ninety Dollars
($190.00) ;
(c) Notify the Regional Director for the Fifteenth Region of the
National,Labor Relations Board, in writing, within ten (10) days
of the issuance of this Order what steps have been take in compliance
therewith.