Perry Truck Lines, Inc.

National Labor Relations Board - Board Decisions

Aug 8, 1940

26 N.L.R.B. 423 (N.L.R.B. 1940)

In the Matter Of PERRY TRUCK LINES, INC. and MOTOR FREIGHT
CARRIERS EMPLOYEES ASSOCIATION
Case 1Vo. R-1881
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DIRECTION OF ELECTION ''
August 8, 1940
On July 16, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding' directing that an election by s'cret'ballot
be conducted within thirty (30) days to determine whether certain
employees of Perry Truck Lines, Inc , Denver, Colorado, herein called
the Company, 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, herein called the Brotherhood, for the purposes of collective
bargaining, or by neither.
On July 24, 1940, the Brotherhood filed with the Board a motion
to vacate the Decision and Direction of Election. The motion yet
forth, in substance, that on July 5, 1940, the Company filed in' the
District Court of the United States for the District of Colorado if civ=il
action seeking it restraining order and an injunction against the
Brotherhood; that on July 9 the Court entered a restraining'order
against the Brotherhood; and that during the pendency of said civil
action it fair election cannot be conducted. The Regional Director
for the Twenty-second Region (Denver, Colorado) has also advised
the Board that a fair election cannot be held during the pendency of
the above-mentioned proceeding and recommended that the election
he postponed until such time as the Board is advised that the circum-
stances permit a free choice of representatives. • I ' , r , l .
The Board, having considered the matter, hereby denies the motion
of the Brotherhood to vacate the Decision and Direction of-Election
herein. The Board hereby amends its Direction of Election by strik-'
ing therefrom the words "as early as possible, but not, later,.,thaii,
thirty (30) days from the date of this Direction of Election'? and'
substituting therefor the words "at such time as the' Board shall, in,
the future direct."
MR EDWIN S. SMITH took no part in the consideration of the above
Supplemental Decision and amendment to Direction of Election
1 25 N I. R B 487
26 N. L. R. B., No. 39.
423