Safety Motor Transit Corp.

National Labor Relations Board - Board Decisions

Jul 30, 1948

78 N.L.R.B. 831 (N.L.R.B. 1948)

In the Matter of SAFETY MOTOR TRANSIT CORPORATION, ROANOB:E RAIL-
WAY AND ELECTRIC COMPANY, PETITIONER AND EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LODGE 1368
Case No. 5-RM-6.Decided July 30, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer 1 is engaged in commerce within the meaning
of the National Labor Relations Act, upon the following facts: 2
The Employer provides the sole local transit services for the city
of Roanoke, Virginia, with a population of 69,287. It operates 80
buses and 16 streetcars, and transports approximately 1,900,000 pass-
engers per month.
Many of the Employer's passengers are admittedly employed by
establishments engaged in interstate commerce. During the hearing
the Employer stipulated that it adjusted its schedules to meet the
convenience of some 3,000 employees of the American Viscose plant
in Roanoke, admittedly engaged in interstate operations, and that of
employees at the Roanoke airport. The Employer also provides for
bus and streetcar stops near the railroad station and intercity bus
terminals.
During the first 9 months of 1947 the Employer made purchases
totaling $324,597.51, principally for oil and gasoline and tires and
new equipment. Almost all of these purchases were made directly
from manufacturers located outside the State. During the same
period, the. Employer received revenues totaling $1,148,771.78, of
1 Safety Motor Transit Corporation and the Roanoke Railway and Electric Company,
commonly owned and controlled , constitute a single employer within the meaning of the Act.
2 Matter of Wichita Transportation Corporation , 73 N. L. R. B. 1070, Matter of Tampa
Transit Lines , Inc., 71 N. L. R. B. 742.
78 N. L. R. B., No. 105.
831
832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which $4,725 was derived from the sale of "transit ads." Approxi-
mately one-third of this advertising revenue was from establishments
engaged in interstate commerce.
In addition, the Employer's revenue included $10,997.67 for ex-
penses incurred in the purchase of equipment and in the repair and
servicing of four busses owned and operated by Virginia Stage Lines,
Inc. The latter company, engaged in the interstate transportation
of passengers for hire, is owned and operated by the same interests
which own, operate, and control the Employer. These interests also
own and operate other local transit systems in Lynchburg, Virginia,
and Wilmington, North -Carolina. There has been some centraliza-
tion of the accounting system for the several transit lines. For ex-
ample, the pay checks for all employees of the Employer are made up
at the general offices of Virginia Stage Lines, Inc., at Charlottesville,
Virginia.
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question of representation exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All maintenance employees at the Employer's garage and car barn,
including machinists, mechanics, all helpers (including those engaged
part-time in starting and gassing busses),3 and cleaners; but excluding
storekeepers, clerks, and all supervisors.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
8 The Union would exclude from the unit helpers who spend part of their time starting
and "gassing-up" busses One of these so-called "gassers" acts as an extra bus driver
when needed. However, these employees spend at least half of their time as maintenance
helpers and receive the rate of pay for helpers . In addition , they work at the Employer's
maintenance garage, are intermingled with the other maintenance employees , and have the
same working conditions . We find, therefore , that these "gassers" have a sufficient com-
munity of interest with the other maintenance employees to warrant their inclusion in
the unit.
SAFETY MOTOR TRANSIT CORPORATION 833
ployees in the unit found appropriate in paragraph numbered 4, above,
who were employed during the pay-roll^period immediately preceding
the date of this Direction of Election, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, but excluding those employees who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to be represented, for purposes of collective bar-
gaining, by International Association of Machinists, Lodge 1368.
MEMBER GRAY took no part in the consideration of the above De-
cision and Direction of Election.