Richmond Greyhound Lines, Inc.

National Labor Relations Board - Board Decisions

Jan 7, 1946

65 N.L.R.B. 234 (N.L.R.B. 1946)

In the Matter of RICHMOND GREYHOUND LINES, INCORPORATED and
AMALGAMATED ASSOCIATION OF STREET , ELECTRIC RAILWAY AND
MOTOR COACH EMPLOYEES OF AMERICA, A. F. OF L.
Case No. 5-R-1855.-Decided January 7, 1946
Messrs. Joseph F. Castiello , Henry I. Quinn, and L. C. Major, all
of Washington, D. C., for the Company.
Mr. Wilkam N. Davis, of Richmond, Va., and Mr. Floyd W. Kilisel,
of Worthington , Ohio, for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Association of Street
Electric Railway and Motor Coach Employees of America, A. F. of L.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Richmond
Greyhound Lines, Incorporated, Washington, D. C., herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before John H. Garver, Trial Ex-
aminer. The hearing was held at Washington, D. C., on October 8,
1945. The Company and the Union 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 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
Richmond Greyhound Lines, Incorporated, a Virginia corporation
with its principal place of business located at Richmond, Virginia, is
engaged in the transportation for hire of passengers, baggage, mail,
65 N. L. R. B., No. 48.
234
RICHMOND GREYHOUND LINES, INCORPORATED 235
and newspapers to and from points in the States of Maryland and
Virginia and the District of Columbia. The gross revenues from
these activities exceeds $4,000,000 annually.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The Union seeks a, unit comprised of all employees of the Operating
Division of the Company, including bus drivers, but excluding oper-
ating superintendents, office clerks, dispatchers, bus driver instruc-
tors, all supervisory employees, and all other employees. The Com-
pany contends that the unit is inappropriate in that it fails to include
terminal and maintenance employees.
In a prior proceeding involving the same parties, the Board found
that the employees presently sought by the Union constitute a group
which could properly bargain either as a separate unit or together
with maintenance employees of the Company.2 In addition to evi-
dence similar to that adduced by it in the prior proceeding, the Com-
pany adduced evidence to the effect that similarly affiliated transporta-
tion companies bargain collectively with their employees in units
which include groups in addition to that sought by the Union, and
that the Union admits the employees in these additional groups to
I The Trial Examiner reported that the Union submitted 69 membership cards bearing
the names of employees listed on the Company' s pay roll of September 30, 1945.
There are approximately 140 employees currently employed in the appropriate unit. In
addition , the,e are 23 employees of the Company in the appropriate unit who are presently
in the armed forces
2 Matter of Richmond Greyhound Lines , Incorporated , 52 N L R B 1532
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
membership. Furthermore, the Company also adduced evidence in-
dicating that the Union herein is attempting to bargain collectively
with affiliated companies in an effort to obtain uniform conditions of
employment for employees represented by it throughout the Grey-
hound system. However, we are still of the opinion that the employees
sought by the Union may properly bargain as a separate unit, or
together with other employees of the Company. Inasmuch as the
Union is seeking in this proceeding to represent only Operating Divi-
sion employees, we find that these employees properly constitute a col-
lective bargaining unit.
We find that all employees of the Operating Division of the Com-
pany, including bus drivers, but excluding office clerks, bus driver
instructors, dispatchers, operating superintendents, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, and all other employees of the
Company 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The Company
requests, if an election is directed, that we permit the use of mail
ballots by employees in the armed services. The circumstances in
this case are not substantially or materially different from those pres-
ent in the South West Pennsylvania Pipe Lines case.8 We shall, there-
fore, as in that case, provide for mail balloting of employees on
military leave. As- we stated in the South West Pennsylvania
decision :
The Board's experience has shown that the speed and efficacy with
which it can conduct elections has depended to a great extent
upon the degree of cooperation afforded it by the interested
parties with respect to matters such as the physical arrangements
for the election and the preparation of eligibility lists. A free
interchange between the interested parties of information on the
addresses and work categories of the employees to be balloted
by mail will be necessary in order to avoid challenges and post-
election objections. Accordingly, the Board will make available
to all interested parties any information of this nature furnished
it by any other party. In the event that the parties should send
the absentee voters any information or literature 8 bearing di-
6 Acceptance or transmittal of such literature by the Board 's office is not to be
construed as conferring immunity on the filing party in the event that objections are
later interposed concerning its content The usual principles will apply
3 64 N. L. R B 1384, issued December 13, 1945
RICHMOND GREYHOUND LINES, INCORPORATED 237
rectly or indirectly on the pending election, copies of all such
documents should be simultaneously filed with the Regional Office
for inspection by or transmittal to the other parties.
We adopt the same procedure in this case.
Accordingly , we shall direct that the question concerning repre-
sentation be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the election herein, subject to the
limitations and additions set forth in the Direction . In this case, the
Regional Director shall mail ballots to employees within the appro-
priate unit on military leave, provided one or more of the parties
hereto, within seven ( 7) days from the issuance of the Direction of
Election, files with the Regional Director a list containing the names,
most recent addresses , and work classifications of such employees.
The Regional Director shall open and count the ballots cast by mail
by employees on military leave, provided that such ballots must be
returned to. and received at the Regional Office within thirty (30)
days from the date they are mailed to the employees by the Regional
Director.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Richmond Grey-
hound Lines, Incorporated, Washington, D. C., an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) days from the date of this Direction , under the direction and
supervision of the Regional Director for the Fifth 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 Regula-
tions , among employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off , and including employees in the armed forces
of the United States, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election to determine whether or not
they desire to be represented by Amalgamated Association of Street,
Electric Railway and Motor Coach Employees of America, A . F. of L.,
for the purposes of collective bargaining.