Santa Fe Trails Transportation Co.

National Labor Relations Board - Board Decisions

May 21, 1938

7 N.L.R.B. 358 (N.L.R.B. 1938)

In the Matter of SANTA FE TRAILS TRANSPORTATION COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAI. LODGE 1308
Case No. R-657-Decided May °21, 1938
Motorbus Transportation Industry-Investigation of Representatives: contro-
versy concerning representation of employees : employer's refusal to grant recog-
nition of union until question of representation is determined by Board ; rival
organizations-Unit Appropriate for Collective Bargaining: mechanical depart-
ment employees ; foremen whose work is not purely supervisory included in
unit ; stipulation as to-Representatives: proof of choice : comparison of list of
employees with union membership cards-Certification of Representatives: upon
proof of majority representation; collective agreement with rival organization,
no bar to.
Mr. Arthur R. Donovan , for the Board.
Blood & Prosser , by Mr . J. W. Blood and Mr. F. W. Prosser, of
Wichita, Kans., for the Company.
Mr. H. W. Ray, of Wichita, Kans ., for Lodge 1308.
Mr. W. M. Reeser, of Wichita , Kans ., for the Transportation.
Workers.
Mr. Roman Beck, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 5, 1938, International Association of Machinists, Local
Lodge 1308, herein called Lodge 1308, filed with the Regional Director
for the Seventeenth Region (Kansas City, Missouri) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Santa Fe Trails Transportation Com-
pany, Inc., Wichita, Kansas, herein called the Company, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,..
herein called the Act. On March 19, 1938, the National Labor Rela-
tions 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 1, as amended. ordered an_
358
DECISIONS AND ORDERS 359
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On March 22, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon Lodge
1308, and upon Motor Transportation Workers Union, herein called
Transportation Workers, a labor organization purporting to represent
employees directly affected by the investigation. Pursuant to a notice
postponing the hearing date, copies of which were served upon all the
parties, a hearing was held on April 4, 1938, at Wichita, Kansas, before
Peter F. Ward, the Trial Examiner duly designated by the Board.
The Board and the Company were represented by counsel, Lodge 1308
was represented by its Grand Lodge Representative, and Transporta-
tion Workers by its president. All participated in the hearing. Full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on objections to the admission of evidence. The Board has re-
viewed the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The'rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
The Company is a Kansas corporation. It operates an interstate
bus transportation system extending through the States of Kansas,
Missouri , Oklahoma, Colorado, New Mexico, Arkansas, and California.
A majority of its corporate stock is owned by the General Improve-
ment Company, Chicago, Illinois, which is a wholly owned subsidiary
of the Atchison, Topeka, and Santa Fe Railway Company. The
latter operates a transcontinental railway system between Chicago,
Illinois, and the Pacific Coast of the United States. The operations
of the Company are coordinated with this railway system. Certain
terminal facilities are used jointly, certain tickets are interchange-
able, and the tariffs and time tables of the railway include information
pertaining to the transportation services of the Company.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Local Lodge No. 1308, is a
labor organization affiliated with the American Federation of Labor,
admitting to its membership all employees of the Company in its me-
chanical department, including mechanics, body men, electricians,
upholsterers, painters, glazers, sheet metal workers, welders, stockroom
men, helpers, greasers, washers, laborers, and lubricator men.
100791-38-vol vii-24
360 NATIONAL LABOR RELATIONS BOARD
Motor Transportation Workers Union is a labor organization un-
affiliated with any other labor organization. It admits to membership
all employees of the Company in its mechanical department.
III. THE QUESTION CONCERNING REPRESENTATION
The Southern Kansas Stage Lines Company and The Cardinal Stage
Lines Company were motor bus transportation companies which
served part of the territory now included in the area through which
the Company now operates. Effective as of January 1, 1938, these two
companies, together with other bus companies, were merged with the
Company. In December 1936 the president of Transportation Work-
ers obtained authority from 91 employees of the Southern Kansas
Stage Lines Company and The Cardinal Stage Lines Company to ne-
gotiate an agreement between each of these companies and Transporta-
tion Workers regarding terms of employment. An agreement was
made with each of these companies to become effective on March 1,
1937, and to continue until March 1, 1938, and thereafter subject to
termination by either party on 30 days' written notice.
In July 1937, Lodge 1308 began its membership campaign among the
workers in the mechanical departments of certain of the constituent
companies now integrated in the Company. On February 12, 1938,
after the merger, a representative of Lodge 1308 informed the presi-
dent of the Company that Lodge 1308 represented more than 70 per
cent of the Company's employees in its mechanical department, and
requested the Company to bargain collectively with it as the represen-
tative of such employees. The Company refused to accede to this re-
quest and stated that it preferred that the Board determine,whether-
Lodge 1308 or Transportation Workers had the right to represent the
mechanical department employees of the Company.
We find that. a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States, and tends
to lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
All parties have stipulated that the mechanical department employ-
ees of the Company, including mechanics, body men, electricians, up-
DECISIONS AND ORDERS 361
hoisterers , painters , glazers, sheet metal workers, welders , stockroom
men, helpers , greasers , washers, laborers , and lubricator men, consti-
tute a unit appropriate for the purposes of collective bargaining. The
stipulation recites that 219 men are within this unit, and at the hearing
a list of 219 employees was submitted which, it was agreed, constituted
the mechanical department employees of the Company on the date of
the hearing . An examination of this list shows that several foremen
are included . At the hearing it was orally stipulated that both Lodge
1308 and Transportation Workers admit to membership foremen whose
work is not purely supervisory. The Company apparently did not
object to their inclusion.
We find that the mechanical department employees of the Company,
including mechanics , body men, electricians , upholsterers , painters,
glazers, sheet metal workers , welders, stockroom men, helpers , greas-
ers, washers , laborers , and lubricator men, including foremen whose
work is not purely supervisory, and excluding supervisory employees,
constitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining,
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
As has been stated, the Company submitted a list of its employees in
the mechanical department and it was stipulated at the hearing by
all parties that the 219 persons on that list constituted the entire per-
sonnel of that department as of April 4, 1938, the date of the hearing.
Transportation Workers produced the 91 written authorizations
signed in December 1936, which appointed it to negotiate the contracts
with the Southern Kansas Stage Lines Company and The Cardinal
Stage Lines Company, described in Section III above. According to
the list of employees furnished by the Company, 78 of the 91 employees
who had signed these authorizations were still in, the Company's
employ.
Lodge 1308 introduced in evidence 166 membership application
cards. These cards authorized Lodge 1308 to represent the applicants
for the purposes of collective bargaining, and most of the cards state
explicitly that such authority supersedes any prior appointment of
bargaining representatives . The employee 's signature on each card
is attested by that of a subscribing witness, and the authenticity of the
signatures has not been challenged . A comparison of these member-
ship cards with the list of employees discloses that 152 represented men
still in the Company 's employ. Each card is dated, and 101 of the
men in the Company's employ on the date of the hearing had signed
their cards within a few weeks before the date of the hearing. The-
362 NATIONAL LABOR RELATIONS BOARD
membership application cards of the remaining 51 employees were
signed July 2, 1937, or thereafter.
The testimony of several witnesses showed that in June 1937, a meet-
ing of 44 members of Transportation Workers was held, at which
a resolution was adopted by a vote of 30 to 14 to take steps to dis-
continue the Transportation Workers. The inference is reasonably
clear from the evidence that Transportation Workers became inactive
subsequent to the execution of its March 1, 1937, agreements with the
Southern Kansas and Cardinal Companies. Eleven employees testi-
fied that they intended to revoke the authority of Transportation
Workers when they applied for membership in Lodge 1308.
In brief, 101 of the 152 members joined Lodge 1308 so recently as to
compel the conclusion that they desire it to act for them. There is
no evidence that the others who had become members about 6 months
earlier had changed their allegiance. The inactivity of Transporta-
tion Workers after Lodge 1308 began its organizing efforts reinforces
this conclusion.
As has been observed, the Company indicated that it preferred the
institution of this proceeding to determine the representative of the
majority of its mechanical department employees. The agreements
between Transportation Workers and the Southern Kansas and Car-
dinal Stage Line Companies are terminable on 30 days' notice.
Neither agreement provides that Transportation Workers shall be the
exclusive bargaining agent. The president of the Company testified
that it would recognize the representative certified by the Board.
Under these circumstances we need not determine the effect of these
agreements since they are no barrier to the certification of Lodge 1308
as the exclusive representative of the employees in the appropriate
unit.
We find that Lodge 1308 has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all employees in such unit for the purposes.
of collective bargaining, and we will so certify.
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 Santa Fe Trails Transportation Company,
Inc., Wichita, Kansas, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. The mechanical department employees of the Company, inclnd-'
ing mechanics, body men, electricians, upholsterers. painters, glazers,
DECISIONS AND ORDERS 363
sheet metal workers, welders , stockroom men, helpers , greasers, wash-
ers, laborers, and lubricator men, including foremen whose work is
not purely supervisory , and excluding supervisory employees , consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. International Association of Machinists , Local Lodge No. 1308, is
the exclusive representative of all the employees in such unit for the
purposes of collective bargaining , within the meaning of Section 9
( a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, Local Lodge No. 1308, has been designated and selected by a
majority of the mechanical department employees of Santa Fe
Trails Transportation Company, Inc., including mechanics, body
men, electricians, upholsterers, painters, glazers, sheet metal workers,
welders, stockroom men, helpers, greasers, washers, laborers, and
lubricator men, including foremen whose work is not purely super-
visory, and excluding supervisory employees, as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the Act, International Association of
Machinists, Local Lodge No. 1308, is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other
conditions of employment.