Nelson Transfer and Storage Co.

National Labor Relations Board - Board Decisions

Feb 5, 1943

47 N.L.R.B. 344 (N.L.R.B. 1943)

In the Matter of NELSON TRANSFER AND STORAGE COMPANY and TEAM-
STERS LOCAL UNION- No. 175
Case 'No. R-4.770.-Decided February 5, 1943
Jurisdiction : motor transportation industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; contract automatically renewed after
filing of petition, held no bar; request of one of labor-organizations involved
that its name be omitted from ballot, granted ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, excluding foremen,
stenographers, janitors, night watchmen, office employees and any person in
a managerial capacity with power to employ or discipline; stipulation as to.
Mr. W. J. Maier, Jr., of Charleston, W. Va., for the Company.
Mr. E. A. Carter, of Charleston, W. Va., for the Teamsters.
Mr. John J. Ryan, of Columbus, Ohio, for the Transport Workers.
Mr. A. Suu'iner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Teamsters Local Union No. 175, herein
called the Teamsters, alleging that a, question affecting commerce had
arisen concerning the representation of employees of Nelson Transfer
and Storage Company,-Charleston, West Virginia, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Paul S. Kuclthau, Trial
Examiner. Said hearing was held at Charleston, West Virginia, on
January 13, 1943. The Company, the Teamsters, and Transport
Workers Union of America, C. I. 0., herein called the transport
Workers, appeared, participated, and 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.
47 N. L. R. B., No. 42.
344
i
NELSON TRANSFER AND STORAGE COMPANY 345
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
- Nelson Transfer and Storage Company, a West Virginia corpora-
tion with its principal place of business in Charleston, West Virginia,
is engaged in a general trucking business. The Company owns and
operates 32 trucks and trailers, pursuant to license by the Jnterstate
Commerce Commission. Of the Company's current business, 60 to 75
percent consists of hauling goods from West Virginia to other States,
hauling goods from other States to West Virginia, and unloading
freight cars which have come from States other than the State of West
Virginia and distributing the contents thereof within the State of
West Virginia. During the period between January 1' and September
30, 1942, the, hauling receipts of the Company amounted to -approxi-
mately $130,000.
II. THE ORGANIZATIONS INVOLVED
Teamsters Local Union No. 175 is a labor organization 'affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
Transport, Workers Union of America is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 18, 1942, the Teamsters notified the Company
of,its claim to representation and requested that the Company bargain
collectively. The Company declined to bargain by reason of an out-
standing, contract with the Transport Workers. The contract in ques-
tion, dated March 1, 1942, is for a ,term of 1 year subject to automatic
renewal for another like term if a written request for a conference for
the purposes of renewal "is not made by one or both parties sixty (60)
days prior to the expiration date."
The Transport Workers contends that the contract referred to is a
bar to the present proceeding. This contention is without merit. The
present petition was filed on December 3, 1942, prior to the,date on
which the automatic renewal provision would take effect in the absence
of a notice of cancelation. Under such circumstances; the contract
does not constitute a bar to a determination of representatives.'
i See Matter or General Motors Corporation, Allison Division and International Union,
United Automobile, Aircraft & Agricultural Implement Workers of America, Local 933, a/Jilti-
ated with the C. 1. 0., 40 N L. R. B. 1387.
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates-that the Teamsters represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties, we find that all em-
ployees of the Company, excluding foremen, stenographers, janitors,
night watchmen, office employees and any person in a managerial
capacity with the power to employ or discipline,. constitute a'unit ap-
propriate for the purposes of collective bargaining within the meaning
of 'Section 9 (b) of the Act.3
V. TIIE 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 our Direction herein, subject
to the limitations and additions set forth in the Direction. - -
In accordance with the request- of the Transport Workers, we shall
omit its name from the ballot in the election hereinafter directed.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Nelson Transfer
and Storage Company, Charleston, West Virginia, 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 Ninth Region, acting
in this matter as agent for ,the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations, among
the employees-in the unit found appropriate in Section IV, above, who
a
The Field Examiner reported that the Teamsters had submitted 44 authorization cards
dated between November 1 and 16, 1042, all of-which appealed to bear genuine oiiginal sig-
natures , that 38 of the 44 signatures were the naives of persons on the Compariy's pay roll
of December 15, 1942, containing the names of 44 persons within the appropriate unit.
a
This is substantially the same unit covered by the Transport workers contract.
NELSON TRANSFER AND STORAGE COMPANY 347
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees w.ho 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
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Teamsters Local
Union No. 175, affiliated with the American Federation of Labor, for
the purposes of collective bargaining.