Pennsylvania Greyhound Lines, et al. (Canadian Greyhound Lines, Ltd.)

National Labor Relations Board - Board Decisions

Jun 2, 1939

13 N.L.R.B. 28 (N.L.R.B. 1939)

In the Matter Of PENNSYLVANIA GREYHOUND LINES, ET AL. (CANADIAN
G R E Y H O U N D LINES , LTD.) and BROTHERHOOD OF RAILROAD
TRAINMEN
In the Matter of CANADIAN GREYHOUND LINES , LTD., and BROTHERHOOD
OF RAILROAD TRAINMEN , LODGE 974
Cases Nos. R-151 and C-1248, respectively.Decided June 0, 1939
Motor Bus Industry-Certification of Representatives : grant of, 16 months
prior to hearing in instant case, no bar to negotiations between company and an
organization other than the one certified ; motion to set aside said certification,
denied-Jurisdiction : under circumstances of case, policy of Act would not be
effectuated by asserting jurisdiction-Complaint : dismissed.
Mr. Charles F. MoErlean, for the Board.
Mr. Manfred Burleigh, of Detroit, Mich., Bowen, Best, Flanagan &
Rogers, by Mr. Ivan Bowen, of Minneapolis, Minn ., and McTague,
Springsteen ct McKeon, by Mr. S. L. Springsteen, of Windsor, On-
tario, Canada, for Canadian.
Mr. A. G. Johnson, of Chicago, Ill., and Mr. S. R. Harvey, of Cleve-
land, Ohio, for the B. R. T.
Mr. Keith Laird, of Windsor, Ontario, Canada, for the Bus Associ-
ation.
Miss Margaret M. Farmer, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On July 30, 1938, Brotherhood of Railroad Trainmen, herein called
the B. R. T., filed with the Regional Director of the Seventh Region
(Detroit, Michigan) charges and, on November 17, 1938, amended
charges alleging that Canadian Greyhound Lines, Ltd., herein called
Canadian, had engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Section 8 (1) and (3) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On September 30, 1938, Western Ontario
Bus Employees Association, herein called the Bus Association, filed
with the National Labor Relations Board, herein called the Board,
13 N. L. R. B., No. 4.
28
PENNSYLVANIA GREYHOUND LINES 29
in Washington, a motion praying that the Board vacate that portion
of a certification of representatives made by the Board on September
14, 1937,1 designating the B. R. T. as the representative of the bus
drivers of Canadian for the purposes of collective bargaining. The
motion of the Bus Association was based on the ground that the
Board did not have jurisdiction over the employees of Canadian. On
October 4, 1938, the Board ordered that the record in the above-men-
tioned case be reopened for the purpose of taking additional testimony
on the question of jurisdiction, and, acting pursuant to Article II,
Section 37 (b), and Article III, Section 10 (c) (2), of National Labor
Relations Board Rules and Regulations-Series 1, as amended, fur-
ther ordered that the above-mentioned cases, together with two other
cases,2 initiated by charges of unfair labor practices filed with the
Regional Director for the Seventh Region by the B. R. T. against
Ohio Greyhound Lines, Inc., and Central Greyhound Lines, Inc.,
respectively, be consolidated for the purpose of hearing and all other
purposes. On January 13, 1939, the Board, acting pursuant to Article
II, Section 37 (b), and Article III, Section 10 (c) (2), of said Rules
and Regulations, ordered that a case initiated by the filing of a peti-
tion and amended petition with the Regional Director by Amalga-
mated Association of Street, Electric Railway and Motor Coach
Employees of America and Division 1183 thereof,8 for an investigation
and certification of representatives of the employees of Ohio Grey-
hound Lines, Inc., be consolidated with the four above-mentioned
cases for all purposes and that one record of the hearing be made.
On January 16, 1939, the Board, by the Regional Director, issued
its complaint in the consolidated cases alleging that the respective
respondents had engaged in and were engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1) and
(3) and Section 2 (6) and (7) of the Act. Copies of the complaint
accompanied by notices of hearing were duly served upon the Grey-
hound Companies involved, the Bus Association, and the B. R. T.
In so far as the complaint is based upon charges filed against
Canadian, it alleges, in substance, (1) that Canadian discharged and
thereafter refused to reemploy two bus drivers, Harold Williamson
and James E. Gilbert, because they joined and assisted the B. R. T.,
(2) that by the above and other acts and conduct Canadian interfered
with, restrained, and coerced its employees in the exercise of the rights
1 Matter of Pennsylvania Greyhound Lines, et al and Brotherhood of Railroad Trainmen,
3 N L. R. B. 622 at 663.
2Matter of Ohio Greyhound Lines, Inc. and Brotherhood of Railroad Trainmen, Lodge
974, Case No. C-1246; Matter of Central Greyhound Lines, Inc. and Brotherhood of Rail-
road Trainmen , Lodge 974 , Case No. C-1247.
3Matter of Ohio Greyhound Lines, Inc and Amalgamated Association of Street, Elec-
tric Railway and Motor Coach Employees of America and Division 1183 thereof, Case
No. R-1225
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
guaranteed them in Section 7 of the Act; and that by the above acts
and conduct Canadian engaged in unfair labor practices within the
meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the
Act.
On January 18, 1939, Canadian filed its answer denying that it had
engaged in the unfair labor practices alleged in the complaint and
averring by way of affirmative defense: (1) that between December
1, 1937, and December 1, 1938, Canadian and the B. R. T. were oper-
ating under a contract which provided for the settlement of griev-
ances, (2) that the Board had misjoined causes of complaint, and
(3) that the Board was without jurisdiction over Canadian for the
reason that Canadian is a foreign corporation chartered by and subject
to the laws and regulations of the Dominion of Canada.
On January 19, 1939, Canadian filed a motion to dismiss the pro-
ceedings on the grounds that the Board was without jurisdiction and
that the matters under consideration were moot.
Pursuant to notice, a hearing was held in the consolidated cases
from January 23 to January 27, 1939, in Detroit, Michigan, before
Peter F. Ward, the Trial Examiner duly designated by the Board.
The Board, the respondents, the Bus Association, the B. R. T., and
the Amalgamated were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues was
afforded all parties.
During the hearing the Trial Examiner made various rulings upon
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner in so far as they affect
Canadian and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
On April 6, 1939, the Trial Examiner issued his Intermediate Re-
port in which he found, so far as Canadian is concerned, that Canadian
had interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed under Section 7 of the Act, thereby
engaging in unfair labor practices within the meaning of Section 8
(1) of the Act, and recommended that the respondent cease and de-
sist from its unfair labor practices. He further found that William-
son was discharged "for an inexcusable and an `at-fault' accident and
not for union activities or membership" and that Gilbert lost his
position through operation of Canadian law and not through any act
of Canadian, and concluded that Canadian had not engaged in un-
fair labor practices within the meaning of Section 8 (3) of the Act
by discharging and refusing to reemploy Williamson and Gilbert.
Accordingly, he recommended that the complaint be dismissed as to
these employees.
PENNSYLVANIA GREYHOUND LINES 31
On April 17, 1939, Canadian notified the Regional Director that it
had complied with the recommendations of the Intermediate Report.
On April 17, 1939, the B. R. T. filed with the Board exceptions to
that part of the Intermediate Report recommending dismissal of the
complaint in so far as it alleged violations of Section 8 (3) of the
Act.
On June 2, 1939, the Board issued an order severing and continu-
ing as a separate proceeding the cases involving Canadian, namely,
Case No. C-1248 and Case No. R-151. The instant decision and order
dispose of only those two cases.
THE QUESTION OF JURISDICTION
Canadian Greyhound Lines, Limited, is a Canadian corporation with
its principal place of business at Windsor, in the Province of Ontario,
Canada. It is engaged in the business of transporting for hire pas-
sengers, mail, express, and newspapers. It operates busses over two
routes wholly within the Province of Ontario, Canada, and one route
from Detroit, Michigan, to Buffalo, New York, by way of Canada.
Approximately 90 per cent of this latter route lies within the Province
of Ontario, and 10 per cent within the United States. As a Canadian
corporation, it is subject to the laws and regulations of the Canadian
government and as a condition of holding its franchise is compelled
to employ only Canadian citizens as drivers, and to use only Canadian-
owned busses.
Canadian is a wholly owned subsidiary of Central Greyhound Lines,
Inc., a Delaware corporation, herein called Central. Canadian's op-
erations and policies, including its labor policy, are controlled by
Central. Certain of its officers and its general manager are also
officers of Central. As one of a group of companies controlled by
Central, it is closely affiliated with other Greyhound systems in the
Greyhound Lines in the United States, which, by means of joint oper-
ating, traffic, and facility arrangements among themselves, and inter-
change arrangements with independent bus lines, operate as closely
coordinated parts of an integrated system of national transportation.
Canadian is subject to the rules and regulations of the Interstate
Commerce Commission when it is operating busses within the United
States. It maintains an office in Chicago, Illinois, terminal facilities
in Detroit, Michigan, and in Buffalo, New York, and a depot in Ni-
agara Falls, New York. Its busses operating on the Detroit-Buffalo
route are repaired in the shops of Central in Detroit.
Case No. R-151. On September 14, 1937, the Board certified the
B. R. T. as the exclusive bargaining representative of the bus drivers
employed by each of certain Greyhound companies, including
Canadian. Following the Board's certification, the B. R. T. and
32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Canadian entered into a contract on December 1, 1937, to be effective
for 1 year and thereafter from year to year unless terminated on
December 1 of any year by written notice given 30 days prior to De-
cember 1 of said year.
Pursuant to notice of termination given by Canadian, the contract
expired on December 1, 1938. At the time of the hearing, January
23-27, 1939, the B. R. T. had no members among the bus drivers of
Canadian. The Bus Association claimed that ii; represented 14 of
Canadian's 18 bus drivers. It does not appear that after the expira-
tion of the contract between the B. R. T. and Canadian, the Bus Asso-
ciation ever requested Canadian to bargain with it as the representa-
tive of the bus drivers. Under these circumstances, there is no merit
in the Bus Association's contention that the Board's certification is a
bar to collective bargaining at the present time between Canadian and
the Bus Association. We agree with Canadian that the matters raised
by the Bus Association are now moot." Accordingly, we will deny
the Bus Association's motion to set aside our certification.
Case No. C-1247. Under all the circumstances of this case, we are
of the opinion that it will not effectuate the policies of the Act to assert
jurisdiction over the matters alleged in this complaint in respect to
Canadian. We will, therefore, dismiss the complaint as to Canadian.
IT IS HEREBY ORDERED that the complaint, in so far as it concerns
Canadian Greyhound Lines, Ltd., be, and it hereby is, dismissed.
The motion of Western Ontario Bus Employees Association to
vacate the Board's certification of representatives of employees of
Canadian Greyhound Lines, Ltd., in Case No. R-151 is hereby denied.
MR. WILLIAM M. LEISERSON took no part in the consideration of the
above Decision and Order.
[SAME TITLE ]
AMENDMENT TO DECISION AND ORDER
June 8, 1939
On June 2, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Order in the above-entitled
proceedings. Due to a typographical error Case No. C-1248 was
* See Matter of Todd-Johnson Dry Docks, Inc. and Industrial Union of Marine and
Shipbuilding Workers of America, Local No. 29, 10 N. L . R. B. 629; Matter of Metro-
Goldwyn-Mayer Studios and Motion Pictures Producers ' Asan. et al , and Screen Writers'
Guild, Inc., 7 N. L. R. B. 662 at 696 ; Matter of Utica Knitting Company and American
Federation of Labor, Local No. 21500 , 8 N. L. R B 783 at 785 ; Matter of Quality Furniture
Manufacturing Co. and United Furniture Workers of America, Local 570, C. I. 0., 8 N. L.
R. B. 850 at 853 ; Matter of Reading Transportation Company and Amalgamated Asso-
ciation of Street, Electric Railway and Motor Coach Employees of America, 10 N. L. R. B.
15
PENNSYLVANIA GREYHOUND LINES 33
referred to as Case No. C-1247 at the beginning of the fifth para-
graph of the part of the Decision entitled "The question of jurisdic-
tion."
The Board, therefore, hereby amends the above-mentioned De-
cision by striking therefrom the words "Case No. C-1247" appear-
ing at the beginning of the fifth paragraph of the part of the
Decision entitled "The question of jurisdiction" and substituting
therefor the words "Case No. -1248."
MR. WULIAM M. LEISERSON took no part in the consideration of the
above Amendment to Decision and Order.
13 N. L. R. B., No. 4a.