Miller & Miller Motor Freight Lines

National Labor Relations Board - Board Decisions

May 3, 1945

61 N.L.R.B. 872 (N.L.R.B. 1945)

In the Matter Of MILLER & MILLER MOTOR FREIGHT LINES and INTER-
NATIONAL BROTIIEREIOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS, LOCAL UNION No. 47, AFL
. Case No. 16-R-1181.-Decided May 3, 1945
Mr. Otis E. Nelson , of Wichita Falls , Tex., for the Company.
Mr. William F. Derden, of Fort Worth , Tex., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
-DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers, Local Union No. 47,
AFL, herein called the Union, alleging that a question affecting coin-
merce had arisen concerning the representation of employees of Miller
& Miller Motor Freight Lines, Wichita Falls, Texas, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Earl Saunders, Trial Examiner.
Said hearing was held at Fort Worth, Texas, on March 13, 1944. The
Company and the Union appeared and participated. All parties were
afforded full opportunity to, be heard, to examine 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 oppor-
tunity 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 COMPANY
Miller & Miller Motor Freight Lines, a copartnership composed of
L. F. Miller and F. D. Miller, maintains its principal office in Wichita
Falls, Texas. It is engaged in the hauling and transporting of general
commodities in the States of Texas and Oklahoma, operating under
61 N. L. R. B., No. 142.
872
MILLER & MILLER MOTOR FREIGHT LINES 873
the authority of the Interstate Commerce Commission, the Texas Rail-
road Commission, and the Oklahoma Corporate Commission. During
the 6 months preceding September 18, 1944 the Company's gross
income amounted to more than $300,000, more than $50,000, of which
was revenue received for transporting freight in interstate commerce.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.'
II. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers, Local Union No. 47, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 16, 1945, the Union requested the Company to recognize
it as the bargaining agent for the employees in the unit hereinafter
found appropriate. The Company refused the Union's request on the
ground that the latter had failed to secure a majority of the votes cast
in a previous election ordered by the Board in the same bargaining
unit.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.' '
We find that a question affecting commerce has 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
We find, in accordance with our determination in a previous pro-
ceeding involving the same parties, that all pick-up and delivery
1 Matter of Miller & Miller Motor Freight Lines, 59 N L . R B 203 The Company
introduced no evidence of any substantial change in its activities since the date of that
Decision.
a Matter of Miller & Miller Motor Freight Lines, supra . In the election which was
conducted between November 22 and December 1, 1944 , pursuant to this Decision and Di-
rection of Election , only one employee of the six eligible to vote cast a valid ballot . Under
these circumstances , the Union ' s petition was dismissed on December 30, 1944. While
ordinarily the Board does not entertain a second petition by the same Union filed less
than 1 year from the date of a previous election which has resulted in the dismissal of the
original petition , the circumstance that the previous petition was dismissed because of an
insufficiency of valid votes cast together with the fact that the present showing of sub-
stantial interest consists of designations dated subsequently to the previous election,
justifies the holding of a second election at this time . Matter of Columbia Aircraft Cor-
poration, 60 N. L . R. B 257.
a The Field Examiner reported that the Union submitted five application cards ; that
the names on three of the cards also appeared on the Company 's pay roll of January 20,
1945, which contained the names of seven employees in the appropriate unit ; and that of
the five cards submitted , four were dated between January 4 and 10 , 1945, with the fifth
card undated.
1
874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
drivers, dockmen, and warehousemen employed by the Company in the
city of Fort Worth, Texas, excluding all over-the-road drivers, office
employees, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.4
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
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
DIREOrED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Miller & Miller
Motor Freight Lines, Wichita Falls, Texas, an election 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 Sixteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Reg-
ulations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during the 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 dis-
charged 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 International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers, Local Union No. 47, AFL, for
the purposes of collective bargaining.
* Matter of Miller cC Miller Motor Freight Lines, supra. See also Matter of Sunset
Motor Lanes, 59 N. L R B. 1434, Matter of East Texas Freight Lines, 55 N. L. R. B.
967.