National Truck Rental Co., Inc.

National Labor Relations Board - Board Decisions

Sep 19, 1955

114 N.L.R.B. 106 (N.L.R.B. 1955)

106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In the instant case, there is no question as to the untimeliness of the
exceptions. The only question presented is whether the Board's policy
as set forth above should be set aside so that the IUE-CIO exceptions
may be received. We do not believe that the reasons advanced by the
IUE-CIO are sufficiently persuasive to cause us to deviate from our
established policy. This conclusion is particularly compelling in
view of the fact that by a telegram on April 22, 1955, the Board ad-
vised the IUE-CIO that the date for filing exceptions had been ex-
tended to and not beyond May 2, 1955. Further, the IUE-CIO at-
torney admits that this telegram was received in his office on the date
it was sent. Under these circumstances, we shall deny the IUE-CIO's
request that its exceptions be deemed to have been filed on May 2,
1955.
[The Board denied the motion.]
MEMBFR MURDOCK took no part in the consideration of the above
Decision and Order Denying Motion.
National Truck Rental Company, Inc. and Local 639, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehouses en
and Helpers of America, AFL, and District Lodge No . 67, Inter-
national Association of Machinists , AFL, (Local 1486). Case
No. 5-CA-932. September 19,1955
DECISION AND ORDER
Upon a charge duly filed on January 17, 1955, by Local 639, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, and District Lodge No. 67, International Associa-
tion of Machinists, AFL, (Local 1486), jointly, herein collectively,
called the Union, the General Counsel of the National Labor Relations
Board, herein called the General Counsel, by the Regional Director
for the Fifth Region, issued a complaint dated April 15, 1955, against
National Truck Rental Company, herein called the Respondent, alleg-
ing that the Respondent had engaged in and was engaging in unfair
labor practices affecting commerce, within the meaning of Section 8
(a) (1) and (5) and Section 2 (6) and (7) of the Act. Copies of the
complaint, the charge, and notice of hearing were duly served upon
the Respondent and the Union on or about April 15', 1955.
With respect to the unfair labor practices, the complaint alleges, in
substance, that on or about November 17, 1954, and at all times there-
after, down to and including the issuance of the complaint, the Re-
spondent refused to bargain collectively with the Union as the ex-
clusive representative of all employees in an appropriate unit,
114 NLRB No. 26.
NATIONAL TRUCK RENTAL COMPANY, INC. 107
although on November 9, 1954, the Board had certified the Union as
the exclusive representative of all employees in the unit for the pur-
poses of collective bargaining,' and that the Union was on July 23,
1954, and has been since that date, the exclusive representative of all
employees in the unit for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
On or about April 22, 1955, the Respondent filed an answer admit-
ting, among other allegations, the allegation that the Union had re-
quested the Respondent to bargain collectively in respect to rates of
pay, wages, hours of employment, and other conditions of employ-
ment, with the Union as the exclusive representative of all employees
in the unit, but denying those portions of the complaint which allege
in substance that: The Respondent is engaged in commerce within
the meaning of the Act; on July 23, 1954, a majority of the employees
of the Respondent in the appropriate unit designated the Union as
their representative for the purposes of collective bargaining with
the Respondent, following a Board-ordered election; the Union is
now their exclusive representative; and on and after November 17,
1954, the Respondent refused to bargain collectively with the Union
as the exclusive representative of the employees in the appropriate
unit.
Thereafter all parties entered into a stipulation which set forth an
agreed statement of facts. The stipulation provides that the parties
thereby waive their rights to a hearing and to the taking of testimony
and the submission of further evidence before a Trial Examiner, the
Board, or any member thereof, and to the preparation and filing of
an Intermediate Report and Recommended Order, and to the making
and issuance of proposed findings of fact and conclusions of law by
the Board. The stipulation further provides that, upon such stipula-
tion and the record as therein provided, the Board may issue its Deci-
sion and Order or make any disposition of this matter, which it could
have made if a hearing had been held before a Trial Examiner, the
Board, or any member thereof.
The aforesaid stipulation is hereby approved and accepted and
made a part of the record in this case. In accordance with Section
102.45 of National Labor Relations Board Rules and Regulations-
Series 6, as amended, and the Order of the Board dated May 17, 1955,
this proceeding was duly transferred to and continued before the
Board.
Upon the basis of the aforesaid stipulation, the record and proceed-
ings in Case No. 5-RC-1397, and the entire record in this case, the
1 See Second Supplemental Decision and Certification of Representatives , National Truck
Rental Company, Inc., 110 NLRB 838
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board, having duly considered the brief filed by the Respondent,
makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The Respondent is now, and has been at all times hereinafter men-
tioned, a corporation, organized and existing by virtue of the laws
of the State of Maryland, and having its principal office and place
of business in the District of Columbia. The Respondent is ' now, and
has been at all times material herein continuously engaged in, the
business of renting passenger cars and trucks at its four establish-
ments, at 2316 Georgia Avenue, N. W.; 125 Q Street, N. E. ; and 1709
L Street, N. W., in the District of Columbia, and at the Washington
National Airport, respectively. During the calendar year 1954, the
Respondent rendered services valued in excess of $200,000 to business
firms which are themselves engaged in interstate transportation by
truck, or which annually ship out of the State of jurisdiction in which
they are located, goods valued in excess of $50,000.
As the Respondent's operations are located in the District' of
Columbia, where the Board asserts jurisdiction on a plenary basis,2 we
find that the Respondent is engaged in commerce, and that it will
effectuate the purposes and policies of the Act to assert jurisdiction
in the instant case.
II. THE LABOR ORGANIZATIONS INVOLN ED
E
Local 639, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, AFL, and District Lodge No.
67, International Association of Machinists, AFL, (Local 1486), are
labor organizations as defined in Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The appropriate unit and representation by the Union of a
majority therein
We find that all production and maintenance employees of the Re-
spondent at its four automobile and truck rental establishments, at
2316 Georgia Avenue, N. W.; 125 Q Street, N. E.; and 1709 L Street,
N. W., in the District of Columbia, and at the Washington National
Airport, respectively, including auto and truck mechanics, body and
fendermen, tiremen, washers, porters, servicemen, and helpers, but
excluding office employees, clerical employees, guards, watchmen, and
working foremen and other supervisors as defined in the Act, presently
constitute, and have at all times since January 29, 1954, constituted'a
M. S. Ginn & Company, 114 NLRB 112
NATIONAL TRUCK RENTAL COMPANY, INC. 109
-unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
We also find that since July 23,1954, on which date a majority of the
employees in the appropriate unit designated the Union as the exclu-
sive representative of all employees in the above unit for the purposes
of collective bargaining,3 the Union has been the exclusive representa-
tive of all employees in the unit for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and other
-conditions of employment.
B. The refusal to barqain
The Respondent admits that on November 16, 1954, November 29,
1954, January 6, 1955, and February 1, 1955, respectively, the Union,
by registered letters received by the Respondent in the normal course
of mail, made four independent requests upon the Respondent to bar-
gain collectively, with respect to rates of pay, wages, hours of employ-
ment, and other conditions -of employment, with the Union- as the
exclusive'representative of all employees in the unit, and that-up to and
including the date of issuance of the-complaint, the Respondent failed
to reply to any of these requests. Accordingly, we find that the Re-
spondent thereby violated Section 8 (a) (5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
- The • activities of the Respondent set forth in section III, above,
occurring in connection with its operations as described in section I,
above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States and tend to lead to labor dis-
putes burdening and obstructing commerce and the free flow of com-
merce. -
V. THE REMEDY •
Having found that the Respondent has engaged in certain unfair
labor practices, we shall order that it cease and desist therefrom and
that it take certain affirmative action designed to effectuate the policies
of the Act.
Upon the basis of the above findings of fact, and upon the entire
record in this case, the Board makes the following
CONCLUSIONS OF LAW
1. Local 639, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, AFL,-and District Lodge No.
3we reject, as without merit, the contentions raised by the Respondent in its brief with
respect to the validity of the instant proceeding and the representation proceeding in Case
No. 5-RC-1397 and the Union's certification based thereon, contentions identical with those
-which we have already overruled'in the representation proceeding. A review of that pro-
ceeding affirms our opinion of the correctness of those rulings. The Respondent's brief
raises no new or novel issues.
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
67, International Association of Machinists, AFL, (Local 1486), are
labor organizations as defined in Section 2 (5) of the Act.
2. All employees engaged in maintaining, repairing, and servicing
motor vehicle equipment at the Respondent's automobile and truck
rental establishments at 2316 Georgia Avenue, N. W.; 125 Q Street,
N. E.; and 1709 L Street, N. W., in the District of Columbia, and at the
Washington National Airport, including auto and truck mechanics,
body and fendermen, tiremen, washers, porters, servicemen, and
helpers, but excluding office employees, clerical employees, guards,
watchmen, and working foremen and other supervisors as defined in
the Act, presently constitute, and have at all times since July 23, 1954,
constituted, a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
3. Local 639, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, AFL, and District Lodge No.
67, International Association of Machinists, AFL, (Local 1486),
jointly, were on July 23, 1954, and at all times thereafter have been,
the exclusive representative of all employees in the aforesaid unit for
the purpose of collective bargaining within the meaning of Section
9 (a) of the Act.
4. By refusing on or about November 17, 1954, and at all times
thereafter, to bargain collectively with Local 639, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, AFL, and District Lodge No. 67, International-Association
of Machinists, AFL, (Local 1486), jointly, as the exclusive representa-
tive of all employees in the aforesaid appropriate unit, the Respondent
has engaged in and is engaging in unfair labor practices within the
meaning of Section 8 (a) (5) and (1) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the entire record in this case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the Respondent, National Truck Rental
Company, Inc., and its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Refusing to bargain collectively with Local 639, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers
of America, AFL, and District Lodge No. 67, International Associa-
tion of Machinists, AFL, (Local 1486), jointly, as the exclusive rep-
resentative of all employees engaged in maintaining, repairing, and
servicing motor vehicle equipment at the Respondent's automobile and
truck rental establishments at 2316 Georgia Avenue, N. W.; 125 Q
Street, N. E.; and 1709 L Street, N. W., in the District of Columbia,
NATIONAL TRUCK RENTAL COMPANY, INC. 111
and at the Washington National Airport, including auto and truck
mechanics, body and fendermen, tiremen, washers, porters, service-
men, and helpers, but excluding office employees, clerical employees,
guards, watchmen, and working foremen and other supervisors as de-
fined in the Act.
(b) Interfering in any other manner with the efforts of Local 639,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, AFL, and District Lodge No. 67, Inter-
national Association of Machinists, AFL, (Local 1486), jointly, to
negotiate for, or to represent the employees in the aforesaid bargaining
unit as their exclusive bargaining agent.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Upon request, bargain collectively with Local 639, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, AFL, and District Lodge No. 67, International
Association of Machinists, (Local 1486), jointly, as the exclusive rep-
resentative of all employees engaged in maintenance, repairing, and
servicing motor vehicle equipment at the Respondent's automobile and
truck rental establishments at 2316 Georgia Avenue, N. W.; 125 Q
Street, N. E.; and 1709 L Street, N. W., in the District of Columbia,
and at the Washington National Airport, including auto and truck
mechanics, body and fendermen, tiremen, washers, porters, servicemen
and helpers, but excluding office employees, clerical employees, guards,
watchmen, and working foremen and other supervisors as defined in
the Act with respect to rates of pay, wages, hours, and other conditions
of employment, and if an understanding is reached, embody such
understanding in a signed agreement.
(b) Post at its establishments at 2316 Georgia Avenue, N. W.; 125
Q Street, N. E.; and 1709 L Street, N. W., in the District of Columbia,
and at the Washington National Airport, copies of the notice attached
hereto, marked "Appendix A." 4 Copies of said notice, to be furnished
by the Regional Director ' for the Fifth Region, shall, after being
signed by the Respondent's representative, be posted by the Respond-
ent immediately upon receipt thereof and maintained by it for a period
of sixty (60) consecutive days thereafter, in conspicuous places, in-
cluding all places where notices to employees are customarily posted.
Reasonable steps shall be taken by the Respondent to insure that said
notices are not altered, defaced, or covered by any other material.
(c) Notify the Regional Director for the Fifth Region, in writing,
within ten (10) days from the date of this Order what steps the Re-
spondent has taken to comply herewith.
• In the event that this order is enforced , by a decree of a Circuit Court of Appeals,
there shall be substituted for the words "Pursuant to a Decision and Order ," the words
"Pursuant to a Decree of the United States Circuit Court of Appeals , Enforcing an Order."
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE" WILL bargain collectively upon request with Local 639, In-
ternational Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, AFL, and District Lodge No. 67,
International Association of Machinists, AFL, (Local 1486),
jointly, as the exclusive representative of employees in the bar-
gaining unit described herein with respect to rates of pay, wages,
hours, and other conditions of employment, and, if an under-
standing is reached, embody such understanding in a signed
agreement.
The bargaining unit is :
All employees engaged in maintaining, repairing, and servic-•
ing motor vehicle equipment at our automobile and truck rental
establishments at 2316 Georgia Avenue, N. W.; 125 Q Street,
N. E.; and 1709 L Street, N. W., in the District of Columbia, and
at the Washington National Airport, including auto and truck
mechanics, body and fendermen, tiremen, washers, porters, serv-
icemen, and helpers, but excluding office employees, clerical em-
ployees, guards, watchmen, and working foremen and other su--
pervisors as defined in the Act.
NATIONAL TRUCK RENTAL COMPANY,
Employer.
Dated---------------- By-------------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the (late hereof,
and must not be altered, defaced, or covered by any other material.
M. S. Ginn & Company and Warehouse Employees Union, Local
No. 730, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America , AFL, Petitioner.
Case No. 5-RC-1658. September 19,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under. Section 9 (c) of the National Labor
Relations Act, a hearing was held before William C. Humphrey, Sr.,
hearing officer. The hearing officer's rulings made at the hearing; are
free from prejudicial error and are hereby affirmed.
114 NLItB No. 25.