Pennsylvania Greyhound Lines et al.

National Labor Relations Board - Board Decisions

Nov 29, 1937

4 N.L.R.B. 271 (N.L.R.B. 1937)

In the Matter Of PENNSYLVANIA GREYHOUND LIN1s et al. (SOUTI:f
WESTERN GREYHOUND LINES AND ITS SUBSIDIARY) and THE BROTHER=
HOOD OF RAILROAD TRAINMEN
Case No. R-151
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
November 29, 1937
By Decision dated September 14, 1937,1 the National Labor Rela=
tions Board, as part of the investigations authorized to ascertain
representatives for the purposes of collective bargaining with South-
western Greyhound Lines, Inc., and its subsidiary, directed the Re-
gional Director for the Sixteenth Region, acting as agent for the
National Labor Relations Board and subject to said Rules and Regu-
lations, to conduct an election by secret ballot among bus drivers-
and temporary despatchers who hold seniority rights as bus drivers,.
who were on the pay roll of said companies on May 25, 1937, or
available for service on that date, to determine whether they desire
to be represented by the Brotherhood of Railroad Trainmen, the
Greyhound Employees Union, or neither, for the purposes of collec-
tive bargaining.
Pursuant to said Direction of Election, the Regional Director con-
ducted a ballot from October 4 through October 18, 1937.
As to the results of the secret ballot among the above-designated-
employees, the Regional Director reported the following :
Total number of ballots counted_____________________________ 272
Total number of votes for Brotherhood of Railroad Trainmen_ 154
Total number of votes for Greyhound Employees Union_______ 118 -
Total number of blank votes________________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes___________________________ 0
The Regional Director further advised the Board that prior to the
election conducted at Tulsa, Oklahoma, the agent for the Board
distributed blank ballots to representatives of the Brotherhood of
Railroad Trainmen to be used as sample ballots; that said ballots
were not designated as sample ballots ; that at least one such ballot,
previously marked for the Brotherhood of Railroad Trainmen, was
13 N. L. R . B. 622.
271
a
272 NATIONAL LABOR RELATIONS BOARD
attempted to be cast in place and instead of the ballot furnished to
the voter by the Board's agent in charge of the balloting.
Thereafter, the Greyhound Employees Union duly filed its objec-
tions to the election, and requested the Board to vacate the results
thereof, for the reasons stated in its objections, including a recital
of the facts set forth above. Because of the decision of the Board,
as stated below, it is unnecessary to consider the objections of the
-Greyhound Employees Union.
The Board has reviewed the conduct of the election and finds that
by reason of the facts reported by the Regional Director, the secrecy
of the balloting was not maintained, and that the results of the
Selection are vitiated for the reason that the election was not conducted
in accordance with the Decision of the Board dated September 24,
1937. Under the circumstances, the question concerning representa-
tion can best be resolved by an election by secret ballot.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigations authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Southwestern Greyhound. Lines, Inc., and its subsidiary, an
,election by secret ballot shall be conducted within twenty (20) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Sixteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations, among bus
-drivers and temporary despatchers who hold seniority rights as bus
drivers, who were on the pay roll of said companies on May 25, 1937,
,or available for service on that date, to determine whether they desire
to be represented by the Brotherhood of Railroad Trainmen, the
Greyhound Employees Union, or neither, for the purposes of collec-
tive bargaining.
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
December 4, 1937
On November 29, 1937, the National Labor Relations Board , herein
called the Board, issued a Supplemental Decision and Direction of
Election in the above-entitled proceeding, the election to be held
DECISIONS AND ORDERS 273
within twenty (20) days from the date of Direction, under the direc-
tion and supervision of the Regional Director for the Sixteenth
Region.
The Board, having been advised that an election at this time
would not settle the question concerning representation which has
arisen, hereby amends the Direction of Election issued on November
29, 1937, by striking therefrom the words, "within twenty (20) days
from the date of this Direction", and substituting therefor the words,
"within a period to be determined hereafter by the Board."
,[SAME TITLE]
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 2/, 1937
On September 14, 1937, the Board issued a Decision and Direction
of Elections 1 which provided that three elections be held among the
employees of- Southwestern Greyhound Lines, Inc. and its subsidiary.
In its Decision, the Board made no final determination as to the
appropriate unit for the purposes of collective bargaining. The
Brotherhood of Railroad Trainmen contended that the bus drivers
and temporary despatchers who hold seniority rights as bus drivers,
employed by these companies constituted a single appropriate unit;
the International Association of Machinists contended that the main-
tenance employees of these companies constituted a single appropri-
ate unit; and the Greyhound Employees Union contended that all of
these designated employees, together with other employees, except
supervisory employees, constituted the appropriate unit. The Board
stated that since any of the contentions could be sustained it would
direct that separate elections be held among the bus drivers and tem-
porary despatchers who hold seniority rights as bus drivers, main-
tenance employees, and all other employees, except supervisory em-
ployees, and would decide the issue on the basis of the preferences
indicated by the employees in the elections. It therefore directed
that an election by secret ballot be held (a) among the bus drivers
and temporary despatchers who hold seniority rights as bus drivers,
,Of these companies to determine whether they desire to be represented
by the Brotherhood of Railroad Trainmen, the Greyhound Em-
ployees Union, or neither, for the purposes of collective bargaining;
(b) among maintenance employees, to determine whether they desire
1 8 X. TA R. B. 622.
274 NATIONAL LABOR RELATIONS BOARD
to be represented by the International Association of Machinists, the
Greyhound Employees Union, or neither, for the purposes of collec-
tive bargaining; (c) among all other employees, except supervisory
employees, to determine whether or not they desire to be represented
by the Greyhound Employees Union for the purposes of collective
bargaining. Upon the results of the election would depend the de-
termination of the appropriate unit or units. Such of the groups,
not choosing the Greyhound Employees Union would constitute sep-
arate and distinct appropriate units, and such of the groups choosing
the Greyhound Employees Union would together constitute a single
Appropriate unit.
Pursuant to the Direction of Elections, secret ballots were con-
ducted from October 4 through October 14, 1937, and from October
16 through October 18, 1937. Full opportunity was accorded to all
parties to the investigation to participate in the conduct of this secret
ballot and to make challenges. On November 15, 1937, the Regional
Director caused to be served on the parties to this proceeding his
Intermediate Report on the conduct of the ballots. No objections
with respect to the conduct of the election among the maintenance
employees of these companies were filed, except as incidental to the
objections filed by the Greyhound Employees Union to the conduct
of the election among bus drivers and temporary despatchers who
hold seniority rights as bus drivers. In so far as these objections,
apply to the election among the maintenance employees, they raise
no substantial or material issue with respect to its validity-
As to the results of the secret ballot among the maintenance em_-
ployees, the Regional Director reported the following :
Total number of ballots counted ------------------------------- 181
Total number of votes for the International Association of
Machinists-------------------------------------------------- 123
Total number of votes for the Greyhound Employees Union------ 58
Total number of blank ballots---------------------------------- 0
Total number of void ballots----------------------------------- 0
Total number of challenged votes------------------------------ 0
Upon the entire record in the matter the Board makes the follow-
ing :
SUPPLEMENTAL FINDINGS OF FACT
In order to insure to the employees of the Southwestern Grey--
hound Lines, Inc., and its subsidiary, the full benefit of their right to,
self-organization and collective bargaining, and otherwise to effec-
tuate the policies of the Act, we find that all maintenance employees
of these companies constitute a unit appropriate for the purposes of
collective bargaining.
The election by secret ballot which was conducted among the,main-
tenance employees pursuant to the Direction of the Board, resulted
DECISIONS AND ORDERS 275
in a vote for International Association of Machinists by a majority
of the maintenance employees.
We find, therefore, that International Association of Machinists
has been designated and selected by a majority of the employees in
an appropriate unit as their representative for the purposes of col-
lective bargaining. International Association of Machinists is, there-
fore, by virtue of Section 9 (a) of the Act, the exclusive representa-
tive of all the employees in such unit for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.
Upon the basis of the above findings of fact, and upon the entire
record in the matter, the Board makes the following :
SUPPLEMENTAL CONCLUSION OF LAW
All maintenance employees of the Southwestern Greyhound Lines,
Inc., and its subsidiary, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant- to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY CERTIFIED that International Association of Machinists
has been designated and selected by a majority of the maintenance
employees of the Southwestern Greyhound Lines, Inc., and its sub-
sidiary as their representative for the purposes of collective bargain-
ing, and that, pursuant to the provisions of Section 9 (a) of the Act,
International Association of Machinists is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to wages, rates of pay , hours of work, and other conditions
of employment.