61 N.L.R.B. 638 (N.L.R.B. 1945)

T. S. C. Motor Freight Lines

National Labor Relations Board - Board DecisionsApr 20, 1945

61 N.L.R.B. 638 (N.L.R.B. 1945)

In the Matter of T. S. C. MOTOR FREIGHT LINES and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL 940, A. F. OF L. Case No. 16-R-1143.Decided April 20,19445 Rawlings , Sayers & Scurlock, by Mr. Sam R. Sayers, of Fort Worth, Tex., for the Company. Mr. G. C. Rickert, of Galveston , Tex., for the Association. Mr. R. S. Craig, of Houston , Tex., for the Association. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Team- sters, Chauffeurs, Warehousemen & Helpers of America, Local 940, A. F. of L., herein called the Teamsters, alleging that a question affect- ing commerce had arisen concerning the representation of employees of T. S. C. Motor Freight Lines, Galveston, Texas, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earl Saunders, Trial Examiner. Said hearing was held at Galveston, Texas, on February 20, 1945. At the commencement of the hearing, the Trial Examiner granted a motion of National Association of Motorized Common Carrier Truck Line Employees, herein called the Association, to intervene. The Com- pany, the Teamsters, and the Association appeared, participated, and were afforded full opportunity to be heard, to examine and cross-ex- amine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prej- udicial error and are hereby affirmed. All parties were afforded op- portunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY T. S. C. Motor Freight Lines is a partnership with its general offices at Houston, Texas. The Company is a common carrier and operates 61 N. L. R. B., No 97. 638 T. S. C. MOTOR FREIGHT LINES 639 `under the rules and regulations of the Interstate Commerce Com- mission. It operates freight lines between various points in the State of Texas and from a number of points in the State of Texas to points in the States of Louisiana and Mississippi. During the last 6 months of 1944, the Company received in excess of $500,000 in gross revenues, approximately $175,000 worth of which was derived from in- terstate shipments. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men & Helpers of America, Local 940, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. National Association of Motorized Common Carrier Truck Line Employees is an unaffiliated labor organization,'admitting to mem- bership employees of the Company. III. THE ALLEGED APPROPRIATE UNIT The Teamsters claims that the appropriate unit should include all local cartage and dock employees at the Galveston, Texas, terminal of the Company, with the exception of clerical and supervisory em- ployees. The Company and the Association contend that the ap- propriate unit should be system-wide in scope, including all local cartage and dock employees at the 12 terminals of the Company in the States of Texas, Louisiana, and Mississippi, with the exception of supervisors and clerical employees. The Company operates 12 terminals in the States of Texas, Mis- sissippi, and Louisiana, from which it is engaged in delivering and picking up local freight. Thereafter, it transports said freight "over the road" between the various terminals. All the Company's policies concerning labor, wages, working conditions, hours of employment, and similar matters are determined at its head office in Houston, Texas. The record discloses that wages and working conditions at 9 of the 12 terminals are identical, while those at the remaining 3 are similar. The Association has represented the local cartage and dock employees at all 12 terminals by virtue of system-wide collec- tive bargaining agreements since 1937. The Teamsters contends that the collective bargaining history between the Company and the Association should not be determinative of the scope of the unit herein inasmuch as the Association, prior to November 1944 when it changed its rules in this respect, allegedly did not represent or admit into membership Negroes employed by the Company. We find it 640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD unnecessary to pass upon'this contention inasmuch as our finding below is predicated upon the extent of organization rather than the past bargaining history. Because the operation, management, and organization of a system of transportation as a single closely integrated enterprise results in an intimate relationship and interdependence in the work and in- terests of the employees involved, the Board has generally found the system-wide unit to be appropriate if organization has proceeded sufficiently far.' Since it appears that the entire system of the Company is func- tionally coherent and closely integrated, and that the Association has organized the employees of the Company on a system-wide basis, we find that the unit contended for by the Teamsters is inappropriate for the purposes of collective bargaining and we shall, therefore, dis- miss the petition for investigation and certification of representatives filed by the Teamsters. IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION Since, as stated in Section III, above, we do not find that the unit alleged in the petition filed by the Teamsters is appropriate, we find that no question has arisen concerning the representation of em- ployees of the Company in an appropriate bargaining unit. ORDER Upon the basis of the foregoing findings of fact, the National Labor Relations Board hereby orders that the petition for investigation and certification filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 940, A. F. of L., be, and it hereby is, dismissed. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Order. 1 Matter of ET & WMC Motor Transportation Co., 30 N. L R. B. 505.