National Transitads, Inc.

National Labor Relations Board - Board Decisions

Apr 18, 1946

67 N.L.R.B. 511 (N.L.R.B. 1946)

In the Matter of NATIONAL TRANSITADS , INC. and UNITED OFFICE AND
PROFESSIONAL WORKERS OF AMERICA, C. I. O.
Case No. 4-R-19.43.-Decided April 18,1946
Messrs. Harvey S. Barber and G. E. Frazer , Jr., of Chicago, Ill.,
and Mr. Thomas J. Mazza, of Philadelphia , Pa., for the Company.
Mr. Nicholas Chase, of Philadelphia , Pa., for the Union.
Mr. Arthur Christopher , Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Office and Professional Work-
ers of America, C. I. 0., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of National Transitads, Inc., Philadelphia, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Herman Laz-
arus, Trial Examiner. The hearing was held at Philadelphia, Penn-
sylvania, on January 30, 1946, and February 11, 1946. 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 Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded 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 COMPANY
National Transitads , Inc., is a Delaware corporation with principal
offices in Chicago , Illinois, and branch offices located throughout the
United States . The Company holds exclusive selling agreements with
transit lines throughout the United States for advertising space on
their vehicles , platforms , and other facilities , and is engaged in the
67 N. L . R. B., No. 66.
511
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sale and servicing of this advertising space. The purchasers of this
space supply the advertising material consisting of cards and posters
and the Company, in turn, posts and maintains the material. In addi-
tion to the sale of space on the facilities of transit companies with
which it has contracts, the Company sells space on facilities of transit
companies with which other transit advertising companies have con-
tracts, under a reciprocal arrangement with those transit advertising
companies. We are here concerned solely with the Company's em-
ployees in its branch office at Philadelphia, Pennsylvania.
The gross volume of business done by the Company throughout the
United States during 1945 was in execs of $1,000,000. During that
year about 30 advertisers, all of whom are engaged in interstate com-
merce, utilized the Company's advertising facilities located through-
out the United States. It is established that approximately 50 percent
of the Company's annual business comes from firms engaged in inter-
state commerce. With particular reference to its Philadelphia office
which forms an integral part of its nation-wide operations and han-
dles all business in the metropolitan Philadelphia area, the record
shows that the gross income for services rendered there during 1945
was $500,000. Most of this income represented payment for the sale
and servicing of advertising space on the facilities of the Philadelphia
Transportation Co., which operates transit lines in metropolitan Phil-
adelphia and also has a spur line to Camden, New Jersey. In excess
of $50,000 of this $500,000 income came from concerns located in the
Philadelphia area for services performed outside the Commonwealth
of Pennsylvania. In this connection, the record shows that these
services entailed the posting and servicing of more than 100,000 cards
and posters, or about 10 percent of the total number handled by the
Philadelphia Office. During the same year, the Philadelphia branch
office handled more than $100,000 worth of business contracted for
by customers located in States other than Pennsylvania for services
to be rendered in metropolitan Philadelphia.
It is apparent from the foregoing that the Company is engaged in
a business nation-wide in character, and that its local office in Phila-
delphia, Pennsylvania, forms an integral and coordinated part of the
Company's operations. We, therefore, find, contrary to the conten-
tion of the Company, that it is engaged at its Philadelphia office in
interstate commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
United Office and Professional Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
NATIONAL TRANSITADS, INC. 513
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Boatll agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees 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 the agreement of the parties that all
carders, posters, and maintenance employees of the Company at its
Philadelphia, Pennsylvania branch office excluding foremen and all
or any other supervisory employees with authority to hire, promote,
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.
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 employ-
ees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with National Transit-
ads, Inc., Philadelphia, Pennsylvania, 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 Fourth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
I The Field Examiner reported that the Union submitted 24 cards, bearing the names of
employees listed on the Company's pay roll There are approximately 26 employees in
the appropriate unit.
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514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III, Sections 10 and 11, of said Rules and Regulations, among employ-
ees in the unit found appropriate in Section IV, above, 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
employees who have since quit or been discharged 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 United
Office and Professional Workers of America, C. I. 0., for the purposes
of collective bargaining.