Perry Truck Lines, Inc.

National Labor Relations Board - Board Decisions

Jul 16, 1940

25 N.L.R.B. 487 (N.L.R.B. 1940)

In the Matter of PERRY TRUCK LINES, INC., and MOTOR FREIGHT
CARRIERS EMPLOYEES ASSOCIATION
Case No. R-1881.-Decided July 16, 1940
Jurisdiction : motor transportation industry.
Investigation and Certification of Representatives : existence of question • re-
fusal to accord recognition to union ; election necessary.
Unit Appropriate for 'Collective Bargaining : drivers, dock workers, and
mechanics.
Mr. J. D. Perry, of Denver, Colo., for the Company.
Mr. John C. Vivian, of Denver, Colo., for the Association.
Mr. R. R. Keigley, of Denver, Colo., for-the Brotherhood.
Mr. Leo B. Fee, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 18 and May 17, 1940, Motor Freight Carriers Employees
Association, herein called the Association, filed with the Regional
Director for the Twenty-second Region (Denver, Colorado) a peti-
tion and an amended petition, respectively, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Perry Truck Lines, Inc., Denver, Colorado, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On May 11 and May
20, 1940, the National Labor'Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On May 17, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Association,
and International Brotherhood of Teamsters, Chauffeurs, Stablemen
25 N. L R. B., No 59. 487
488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Helpers of America , Denver Local Union No. 13, herein called
the Brotherhood , a labor organization claiming to represent employees
directly affected by the investigation . Pursuant to notice , a hearing
was held on June 10 , 1940, at Denver, Colorado , before Paul S. Kuel-
thau, the Trial Examiner duly designated by the Board . The Com-
pany, the Association , and the Brotherhood were represented by their
respective representatives and all participated in the hearing. Full
opportunity to be heard, to examine and cross -examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the hearing the Trial Examiner ruled on an objection to the
admission of evidence . The Board has reviewed the ruling of the
Trial Examiner and finds that no prejudicial error was committed.
The ruling is hereby affirmed.
Upon the entire record in the proceeding, the Board makes the
following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Perry Truck Lines, Inc., is a Colorado corporation engaged in the
transportation of freight by truck between Denver, Colorado, Albu-
querque, New Mexico, and intermediate points. During April
1940, a typical month in the Company's business, the Company han-
dled 1,925,834 pounds of freight, of which approximately 40 per cent
was transported by the Company to points in States other than the
State of origin.
We find that the Company is engaged in traffic, transportation, and
commerce among the several States of the United States, and that
its employees are directly engaged in such traffic, transportation, and
commerce.
II. THE ORGANIZATIONS INVOLVED
Motor Freight Carriers Employees Association is an unaffiliated
labor organization admitting to its membership employees of the
Company.
International Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers of America, Denver Local Union No. 13, is a labor organ-
ization, affiliated with the American Federation of Labor, admitting'
to its membership employees of the Company.
III. THE QUESTION - CONCERNING REPRESENTATION
On several occasions prior to the hearing, the Association, claim-
ing that it represented a majority of the Company's employees,
requested recognition by the Company as their exclusive collectiie
bargaining representative. The Company refused to grant such
PERRY TRUCK LINES, INC. 489
recognition , however, because of asserted doubts as to the Associa-,
tion's representation of a majority of the employees . Also prior to
the hearing the Brotherhood requested the Company . to enter into
a collective bargaining agreement with it and was refused. At the
hearing the Company indicated its desire for a Board determination
of the question concerning representation of its employees.
The Company , on June 3, 1940 , employed 40 persons , 28 of whom
are in the unit we find below to be appropriate for the purposes of
collective bargaining. At the hearing there was introduced in evi-
dence an analysis made by the Regional Director of 10 membership
application cards submitted to him by the Association . Nine of
these bore apparently genuine signatures of employees in the unit
claimed by the Association to be appropriate . At the hearing the
Association submitted two additional membership application cards
of the Company 's employees . On the other hand, according to the
report of the Regional Director received in evidence , the Brother-
hood, although requested by him to do so, failed to submit to him any
proof of its membership among the Company's employees. At the
hearing, the Brotherhood claimed to represent five of the employees
listed on the Company's pay roll of June 3,1940.
We find that a question has arisen concerning the representation
of employees of the Company and that such question tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
IV. THE APPROPRIATE UNIT
The Association claims that the unit appropriate for the purposes
of collective bargaining consists of "drivers , dock workers; mechanics,
exclusive of those in supervisory capacities ." At the hearing the
Brotherhood contended that office employees , solicitors , and mechanics
should -be excluded from the unit. The Company has made no con-
tention regarding the appropriate unit.
At the hearing an Association representative stated, "We are not
desiring to be the bargaining agent for the office help at the present
time. " We shall exclude the office employees from the unit.
The Company employs two solicitors who "solicit freight in the
daytime up to about three-thirty and rate freight bills at night."
It thus appears that the duties and interests of the solicitors are more
like those of the office employees than like those of the Company's
other employees . We shall exclude the solicitors from the unit.
The Company employs two mechanics who "check the trucks over
when they, come off the road and repair them if there is anything
to be done to them." While they are not eligible to membership in
the Brotherhood, they are members of the Association. Under all
490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the circumstances hereinabove recited, we shall include the mechanics
in the unit.
We find that the drivers , dock workers, and mechanics employed
by the Company , excluding employees in supervisory capacities, office
employees , and solicitors , constitute a unit appropriate for the pur-
poses of collective bargaining , and that said unit will insure to em-
ployees of the Company the full benefit of their right to self-organiza-
tion and to collective bargaining and otherwise effectuate the policies
of the' Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion canbest be resolved by an election by secret ballot.
We shall direct that the employees within the appropriate unit
who were employed by the Company during the pay-roll period im-
mediately preceding the date of our Direction of Election herein,
including those who did not work during said pay-roll period because
they were ill or .on vacation and employees who were then or have
since been temporarily laid off, but excluding those who have since
quit or been discharged for cause , shall be eligible to vote in the
election.
Upon the basis of the above findings of fact and upon the entire
record ' in the case , the Board makes the following:
CONCLUSIONS OF LAw
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Perry Truck Lines, Inc., Denver , Colorado,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. The drivers, dock workers, and mechanics employed by the
Company, excluding employees in supervisory capacities , office em-
ployees, and solicitors , constitute a unit appropriate for the purposes
of collective bargaining , within the meaning of Section 9 (b) of
the Act. -
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 and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Perry Truck Lines, Inc., Denver , Colorado , an election by
PERRY TRUCK LINES, INC. 491
secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of this Direction of Election,
under the direction and supervision of the Regional Director for the
Twenty-second Region, acting in this matter as agent for the Na-
tional' Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations, among the drivers, dock workers, and
mechanics employed by Perry Truck Lines, Inc., Denver, Colorado,
who were employed by it during the pay-roll period immediately
preceding the date of this Direction, including those who did not
work during such pay-roll period because they were ill or on vaca-
tion and employees who were then or have since been temporarily
laid off, but excluding employees in supervisory capacities, office em-
ployees, solicitors, and those who have since quit or been discharged
for cause, to determine whether they desire to be represented. by
Motor Freight Carriers Employees Association or by International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of
America, Denver Local Union No. 13, for the purposes of collective
bargaining, or by neither.
MR. WILLIAM M. LEISERsoN took no part in the consideration of
the above Decision and Direction of Election.