Southwestern Trailways

National Labor Relations Board - Board Decisions

Oct 30, 1947

75 N.L.R.B. 153 (N.L.R.B. 1947)

In the Matter of SOUTHWESTERN MOTOR CARRIERS CORP., D/B/A SOUTH-
WESTERN TRAILWAYS,1 EMPLOYER and INTERNATIONAL ASSOCIATION
OF MACHINISTS, LODGE 850, PETITIONER
Case No. 16-R4369.-Decided October 30, 1947
Mueller & Mueller, by Mr. Harold E. Mueller, of Fort Worth, Tex.,
and Mr. Moss Patterson, of Oklahoma City, Okla., for the Employer.
Mr. Johan W. Carlton, of Fort Worth, Tex., and Mr. Joe E. Wheeler,
of Oklahoma City, Okla., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Okla-
homa City, Oklahoma, on July 24, 1947, before Robert Silagi, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Southwestern Motor Carriers Corp., d/b/a Southwestern Trail-
ways, is an Oklahoma corporation with an office acrd place of busi-
ness in Oklahoma City, Oklahoma. The Employer is engaged in
the transportation of passengers, property, and United States mail
by motor vehicle from points within the State of Oklahoma to points
within the State of Texas.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent
employees of the Employer.
HI. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
I Name as amended at the hearing.
75 N. L. R. B., No. 17.
153
154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
All parties agree upon the composition of the appropriate unit.
They further agree that the night foreman is in full charge of the
shop at night and that he has the authority to recommend effectively
the discharge of the employees under his supervision, but seek the
Board's determination as to whether or not he is a supervisor. It
is clear, and we find, from the agreed facts, that the night foreman
is a supervisor. As such, he will be excluded from the appropriate
unit.
We find that all maintenance and repair employees of the Em-
ployer's Oklahoma City, Oklahoma, shop, including mechanics,
mechanics' helpers, coach cleaners, washers, greasers, and coach maids,
but excluding office and clerical employees, the night foreman, and
all other supervisors, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Southwestern Motor Carriers
Corp., d/b/a Southwestern Trailways, Oklahoma City, Oklahoma, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Six-
teenth Region, and subject to Sections 203.61 and 203.62, of National
Labor Relations Board Rules and Regulations-Series 5, among the
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 tem-
porarily 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, to determine whether or not they
desire to be represented by International Association of Machinists,
Lodge 850, for the purposes of collective bargaining.
MEMBERS MURDOCK and GRAY took no part in the consideration of
the above Decision and Direction of Election.