Ryder Truck Rental, Inc.

National Labor Relations Board - Board Decisions

Jan 5, 1962

135 N.L.R.B. 53 (N.L.R.B. 1962)

RYDER TRUCK RENTAL, INC. 53
offered many suggestions ; their points were discussed and considered . As to some
suggestions company representatives agreed to investigate the possibilities they
offered.
Another meeting was held on January 4 and considerable discussion again took
place . At this meeting the company representatives in effect made it clear that
certain of the changes which had been discussed would be put into effect in mid-
January.
Management , however, apparently again delayed putting the changes into effect,
when a further meeting was arranged for January 17. At the January 17 meeting the
union representatives took the flat position that the Company had no "right to put
these changes into effect without first coming to an agreement with the Union."
Management insisted that , having followed the "discussions" procedure , set out in
the Memorandum of Understanding , it would proceed with the changes . It did so, and
the Union filed its charge , claiming that the Respondent had failed to bargain in good
faith with it.
C. Conclusions
Although opposing counsel, in their able and exhaustive briefs, have covered a
good deal of disputatious ground, the issue appears to the Trial Examiner to be some-
what more simple when lifted from the entanglement of prolonged argument.
At most , it seems, there are but two points to the issue : ( 1) Did the procedure
followed by the Respondent in making changes violate its collective -bargaining agree-
ment ; and (2 ) did this procedure violate the provisions of the Act-by not meeting
the legal requirements of collective bargaining?
In the opinion of the Trial Examiner management met fully , and in good faith, the
provisions both parties agreed to in "Memorandum of Understanding 'D."' It not
only announced changes, but at many meetings both discussed them and permitted
union representatives to propose alternatives . Its willingness to go somewhat beyond
the rights defined in the memorandum in no way nullified the language of that
document or its right ultimately to effectuate the changes without "agreement."
As to point ( 2), it is equally clear that at no material time did the Respondent fail
or refuse to "meet at reasonable times and confer in good faith with respect to wages,
hours, and other terms and conditions of employment."
It will therefore be recommended that the complaint be dismissed in its entirety.
[Recommendations omitted from publication.]
Ryder Truck Rental , Inc. and Truckdrivers and Helpers, Local
515, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen & Helpers of America, Ind. Case No. 10-CA-
4726. January 5, 1962
DECISION AND ORDER
On October 24, 1961, Trial Examiner Thomas N. Kessel issued his
Intermediate Report herein, finding that Respondent engaged in cer-
tain unfair labor practices and recommending that it cease and desist
therefrom and take affirmative action, as set forth in the Intermediate
Report attached hereto. He also found that Respondent had not
engaged in certain other unfair labor practices alleged in the com-
plaint and recommended dismissal as to them. Thereafter, the Re-
spondent and the General Counsel each filed exceptions with a
supporting brief.
135 NLRB No. 8.
I
54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has considered the Intermediate Report, the exceptions
and briefs, and the entire record. The Board affirms the Trial Ex-
aminer's rulings and adopts his findings i and conclusions z
ORDER
The Board adopts the Recommended Order of the Trial Examiner
with the modification that provision 2 (b) read : "Notify the Regional
Director for the Tenth Region, in writing, within 10 days from the
date of this Order, what steps the Respondent has taken to comply
herewith." The Board further orders that the complaint be dismissed
to the extent recommended by the Trial Examiner.
i Member Brown disagrees with the Trial Examiner 's characterization of Earnhardt's
remarks at the general meeting of May 26 as a "noncoercive prediction." On that occasion,
Earnhardt told the employees that there was a chance that the branch involved would get
40 additional trucks which would mean more work for the branch employees , but that "If
word of the union activity were to spread or if the activity itself were to go further" the
branch would "very definitely not get those trucks ." Member Brown believes that these
remarks were coercive and in violation of Section 8(a) (1) of the Act, and would so find
2 The Trial Examiner found that Respondent had discharge Fred Hill for nondiscrimina-
tory reasons even though he assumed that Respondent made inquiries among the employees
in the unit until it ascertained the identity of all of the union adherents . Although the
record indicates that Respondent 's branch manager , Earnhardt , knew that employees
Varnell and Lamere had joined the Union , the record does not indicate that Respondent's
officials , prior to Hill's discharge , also knew that he had joined. For this additional reason,
we agree with the Trial Examiner that Hill was not discharged for discriminatory reasons.
INTERMEDIATE REPORT AND RECOMMENDED ORDER
STATEMENT OF THE CASE
Upon a charge filed by Truckdrivers and Helpers , Local 515 , International
Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of America, Ind.,
herein called the Union , the General Counsel of the National Labor Relations Board,
herein called the Board , by the Regional Director for the Tenth Region , issued his
complaint dated July 3, 1961 , against Ryder Truck Rental , Inc., herein called the
Respondent , alleging that the Respondent had engaged in and was engaging in unfair
labor practices affecting commerce within the meaning of Section 8(a) (1) and (3)
and Section 2(6) and (7) of the National Labor Relations Act, 61 Stat . 136, herein
called the Act. The Respondent 's answer to the complaint denies the allegations
of statutory violations set forth therein . Copies of the complaint , the charges, and
a notice of hearing were duly served upon the parties.
Pursuant to notice , a hearing was held at Chattanooga , Tennessee, on August 23,
1961 , before Thomas N. Kessel , the Trial Examiner duly designated to conduct the
hearing. All parties were represented by counsel . Full opportunity to be heard,
to examine and cross-examine witnesses , and to introduce evidence was afforded all
parties. After the close of the hearing the General Counsel and Respondent filed
briefs which have been carefully considered.
Upon the entire record in the case , and from my observation of the witnesses,
the Trial Examiner makes the following:
FINDINGS OF FACT
1. PERTINENT COMMERCE FACTS
The complaint as amended alleges and the answer as amended admits that the
Respondent is a Florida corporation maintaining a place of business in Chattanooga,
Tennessee , where it is engaged in the truck rental business , and that in the 12-month
period preceding issuance of the complaint it performed services outside the State of
Tennessee valued in excess of $50,000. From these facts I find that the Respondent
is engaged in commerce within the meaning of the Act and that exercise of the
Board 's jurisdiction over its operations will effectuate the purposes of the Act.
RYDER TRUCK RENTAL, INC. 55
11. THE LABOR ORGANIZATION INVOLVED
The Union is a labor organization admitting to membership employees of the
Respondent. -
HI. THE UNFAIR LABOR PRACTICES
The Respondent maintains a nationwide truck rental service . Administratively,
the Respondent is organized into regions which include districts, and the latter in
turn have jurisdiction over branches. The alleged unfair