Skyview Transportation Co.

National Labor Relations Board - Board Decisions

Jan 26, 1951

92 N.L.R.B. 1664 (N.L.R.B. 1951)

In the Matter of LILLIAN JACOBS, MIRIAM JACOBS, MARY HARRIS, AND
TINA ZOROVICH, D/B/A SKYVIEW TRANSPORTATION Co.; ATLANTIC
TAXI CORP. ; GULF TAXI CORP. ; PACIFIC TAXI CORP.; NORTHERN TAXI
CORP. AND BEACON TAXI CORP., EMPLOYER and LOCAL 643, INTER-
NATIONAL BROTHERHOOD OF .TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN AND HELPERS OF AMERICA, AFL, PETITIONER
Case No. 2-RC-1505
SUPPLEMENTAL DECISION AND DIRECTION OF
. ELECTION
January 26, 1951
On August 15, 1950, the Board issued. a Decision and Order,' de-
,clining to assert jurisdiction over the Employer's operations anddis-
missing the petition herein. Thereafter the Petitioner filed a motion
for reconsideration; and the Employer filed a memorandum in sup-
port of the Petitioner's motion. The Board hereby grants the. joint
request of the parties for reconsideration of the case,2 vacates the order
of August 15, 1950, dismissing the petition herein, reinstates the peti-
tion, and upon the entire record makes the following supplemental
.findings :
1. The facts concerning the Employer's operations are set forth in
detail in our decision of August 15, 1950. Upon these facts we find
that the Employer is engaged in commerce within the meaning of the
Act. Since we issued our original decision in this case, the Board
has reexamined its policy concerning the exercise of jurisdiction and
-has announced certain requirements for the assertion of jurisdiction 3
In formulating these new jurisdictional standards the Board con-
190 NLRB 1895.
' The requests of the Petitioner and the Employer for oral argument are denied as the
Board is of the opinion that the record and briefs adequately present the positions of the
-parties.
3 For these requirements see : WBSR Inc ., 91 NLRB 630 ; W. C. King d / b/a Local
'Transit Lines, 91 NLRB 623; The Borden Company, Southern Division, 91 NLRB 628;
_Stanislaus Implement and Hardware Company , Ltd., 91 NLRB 618; Hollow Tree Lumber
'Company, 91 NLRB 635; Federal Dairy Co ., Inc., 91 NLRB 638; Dorn's House of
Miracles, Inc., 91 NLRB 632; The Rutledge Paper Products Co., 91 NLRB 625; Westport
Moving & Storage Co., 91 NLRB 902.
92 NLRB No. 251.
1664
SKYVIEW TRANSPORTATION CO. 1665
eluded that the purposes of the Act would be best effectuated by the.
assertion of jurisdiction over instrumentalities of commerce.4
A study made in this case of the Employer's trip cards shows that
at least 6 percent of the trips made by the Employer's taxicabs was;
to or from established points of ingress and egress from New York:
State by'rail, bus, air, and water carriers. We are persuaded from.
the evidence that the Employer's operations are an essential link in.
the services performed by these instrumentalities of commerce ; and we.
are of the opinion that the factors which impelled us to assert jurisdic-
tion over other such instrumentalities are operative here." We there-
fore find, in accordance with the parties' position and with the recently
announced jurisdictional requirements, that it will effectuate the poli-
cies of the Act to assert jurisdiction in this case.
2. The Petitioner is a labor organization which claims to represent.
certain employees of the Employer.
3. A question affecting commerce 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 ap--
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All taxicab drivers of the Employer E in New York, New York, ex-
cluding all other garage employees,7 office and clerical employees,.
guards, watchmen, professional employees, and all supervisors as de-
fined in the Act.
5. The parties are agreed, and we find, that "steady and steady extra,
drivers," who are regular full-time drivers and who work 5 or 6 days-.
a week throughout the year, are eligible to vote in the election here-
inafter directed. The parties are in disagreement, however, concern-
ing the eligibility of "part-time" drivers. The Petitioner asserts that
part-time drivers who are employed on an average of 4 days or more.
each week should be permitted to vote; the Employer contends that
part-time drivers who work 3 days or more a week for a specified-
period immediately before the direction of election should vote..
Part-time drivers are. drivers who appear at the Employer's garage
each day, and work as they are needed. Some drivers reappear for-
part-time work throughout the year. We are of the opinion that
those drivers who keep reappearing for substantial part-time work
4 See WBSR Inc ., 91 NLRB 630 ; Press Incorporated , 91 NLRB 1360; Record Pub-
lishing Co ., 91 NLRB No. 215.
5 See Red Cab , Inc., 92 NLRB 175.
6 The corporations listed in the caption constitute a single employer for the purposes
of this proceeding.
7 Excluded as garage employees are mechanics , washers, greasers , gasoline pump at-
tendants , painters, building maintenance employees , and tow wagon drivers.
1666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are regular part-time employees who have an interest in the selection
of a bargaining representative. We therefore conclude that an eligi-
bility formula which will identify these drivers is appropriate. As
the testimony indicates that the drivers who keep reappearing for part-
time work average throughout the year from 4 to 5 days work per
week, we find that part-time drivers who have averaged 4 or more days
work per week.during the year preceding the Direction of Election
in this case are eligible to vote.
[Text of Direction of Election omitted from publication in this
-volume.]