Peerless Stages, Inc.

National Labor Relations Board - Board Decisions

Jul 30, 1945

62 N.L.R.B. 1514 (N.L.R.B. 1945)

In the Matter Of PEERLESS STAGES, INC. and BROTHERHOOD OF RAILROAD
TRAINMEN
Case No. 20-R-1305.-Decided July 30, 1945
Mr. John F. Balaane, of Oakland, Calif., for the Company.
Mr. J. M. Merritt, of Oakland, Calif., for the BRT.
Mr. Fred A. Hoover, of Menlo Park, Calif., for the Amalgamated.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Brotherhood of Railroad Trainmen, herein
called the BRT , alleging that a question affecting commerce had arisen
concerning the representation of employees of Peerless Stages, Inc., of
Oakland , California , herein called the Company , the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice before
Wallace E. Royster , Trial Examiner . Said hearing was held at San Fran-
cisco, California , on May 21, 1945 . The Company , the BRT, and the
Amalgamated Association of Street , Electrical Railway, and Motor Coach
Employees of America ' 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 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
The Peerless Stages, Inc.,' is a California corporation maintaining its
principal office at Oakland, California, and two terminals, one at Oakland
' The Amalgamated was served with notice of hearing and at the hearing moved to intervene. Said
motion was allowed by the Trial Exammei
62 N. L. R. B., No. 212.
1514
PEERLESS STAGES, INC. 1 S 1 S
and the other at San Jose, California. The latter terminal is called the
"Santa Cruz terminal." Since 1923, the Company has been engaged in
carrying passengers for hire between Oakland and San Jose, California ;
between San Jose and Santa Cruz, California; and between Oakland and
Palo Alto, California. None of the Company's lines extend beyond the
boundaries of California. At present the Company operates 27 busses on
its various routes and during 1944 it transported approximately 1,700,000
passengers. About 60 percent of its passengers consisted of war plant work-
ers and military personnel ; in addition, the Company honors interline
tickets sold by Pacific Greyhound Lines for destinations outside of the State
of California, and it operates a scheduled connection with the Southern
Pacific Railroad Company at San Jose.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Brotherhood of Railroad Trainmen is a labor organization admitting
to membership employees of the Company.
The Amalgamated Association of Street, Electrical Railway, and Motor
Coach Employees of America, Local 1243, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By a letter dated February 2, 1945, the BRT advised the Company that
a majority of its bus drivers had designated the BRT as their collective
bargaining agent and requested a conference. The Company replied by
letter dated February 6, 1945, and declined to participate in a confer-
ence because of an existing contract with the Amalgamated. The petition
in the instant case was filed on February 3, 1945.
In July 1942, the Amalgamated and the Company entered into a collec-
tive bargaining contract which was to expire on September 30, 1943. The
contract was renewable automatically from year to year thereafter unless
either party served notice of termination 60 days prior to any anniversary
date. Neither party has given notice to terminate and the Company and
the Amalgamated contend that the contract, as automatically renewed in
1944, constitutes a bar to a present determination of representatives. How-
ever, since the contract may be terminated in approximately 2 months
upon appropriate notice, we find that it is no bar to a determination of
representatives within the next 30 days pursuant to our usual Direction of
Election. However, any certification which we may issue as a result of the
election, herein provided for, shall be for the purpose of designating a
1516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representative to negotiate a new contract to succeed the presently exist-
ing one Q
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that BRT 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 Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accord with an agreement of the parties, that all bus drivers
employed by the Company, but excluding part-time drivers, assistant dis-
patchers, dispatchers, 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
meaning 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 employees in
the appropriate unit who were employed during the pay-roll period unme-
diately 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 representatives
for the purposes of collective bargaining with Peerless Stages, Inc., of
2 See Matter of Joseph Dyson & Sons, Inc , 60 N L R B 867; Matte) of American Stores Co.,
54 N 1. R B. 756; Matter of Chrysler Motor Corporation, 38 N L R B 1379; Matter of Houde
Engineering Corporation , 36 N L R B 587
3 The Field Examiner reported that the BRT submitted 22 authorization cards , that the names of
20 persons appearing on the cards were listed on the Company ' s pay roll of February 20, 1945,
which contained the names of 35 employees in the appropriate unit, and that the cards were dated
January 1945
At the hearing the Ani . ilgamated presented a petition dated May 17 , 1945 , signed by 22 employees
of the Company which the Trial Examiner read into the record as follows
The undersigned employees of Peerless Stages, members of Local Division 1243 , believe it
would be to their advantage that their membership be transferred to Local Division 1225, and
that Local Division 1243 be dissolved They respectfully request that this be done They hereby
designate the Association (Amalgamated ) as their sole bargaining agent in collective bargaining
matters
PEERLESS STAGES, INC. 1517
Oakland, California, an election by secret ballot shall be conducted as early
as possible , but not later than thirty (30) clays from the date of this Direc-
tion , under the direction and supervision of the Regional Director for the
Twentieth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees who
did not work during said pay-roll period because they were ill or on vaca-
tion 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
Brotherhood of Railroad Trainmen or by Amalgamated Association of
Street, Electrical Railway, and Motor Coach Employees of America, Local
1243, affiliated with the American Federation of Labor,' for the purposes
of collective bargaining, or by neither.
f Although as noted above, in footnote 3, the membership of Local 1243 is in the process of being
transferred to Local 12 2 5, no request was made by the Amalgamated for a corresponding change in
its designation on the ballot . If the Amalgamated desires to appear on the ballot as Local 1225, it
may direct its request to the Regional Dtrectm to whom the Board has delegated discretionary
authority in such mattes
D