Tamiami Trail Tours, Inc.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 100 (N.L.R.B. 1945)

In the Matter of TAMIAMI TRAIL TOURS, INC. and BROTHERHOOD OF
RAILROAD TRAINMEN
!Case` No. 10-R-1,512.,'=Decided October 1I, 1945
Mr. A. Pickens Coles, of Tampa, Fla., for the Company.
Mr. W. E. Daniel, of Tampa, Fla:, for the BRT.
. Mr. W. O. Frazier, of Miami, Fla., for the, Amalgamated.
Mr. Benj. E. Cook, of counsel to,the Board. , ,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT ,OF TIIE CASE
.Upon a petition duly filed by Brotherhood of Railroad Trainmen,
herein called the BRT, alleging that a question affecting commerce
had arisen concerning the representation of employees of ,Tamlalni
Trail Tours, Inc., herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Dan,M. Byrd, Jr., Trial Examiner. The hearing was
held at Tampa, Florida, on July 3, 1945. The Company, the Amal-
gamated Association of Street, Electric Railway & Motor Coach,Em-.
ployees of America, AFL, herein called Amalgamated, and the BRT
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial, Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file,
briefs with the'Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF, FACT
1. THE BUSINESS OF TIIE COMPANY
Tamiami Trail Tours, Inc., is a Florida corporation, and is engaged
in the transportation of passengers and freight in the States of Flor-
ida, Georgia, and Alabama. During the year 1944, the Company's
64 N L R B,No 21
100
TAMIAMI TRAIL TOURS, INC. 101
gross earnings aggregated approximately $1,500,000, approximately
60 percent of which was attributable solely to revenue obtained from
transportation of passengers and freight across State lines.
We find that the Company is engaged in commerce within the
meaning of the'National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Brotherhood of Railroad Trainmen is an unaffiliated labor, organ-
ization admitting to membership employees of the, Company.
Amalgamated Association of Street, Electric Railway'and Motor
Coach Employees of America, affiliated with the American Federation
-of Labor, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 11, 1945, the BRT, by letter addressed to the Company,
requested recognition as 'the exclusive bargaining representative of
its bus operators. The Company refused to accord recognition until
and unless the BRT is certified by the Board in an appropriate unit.
Under successive collective bargaining contracts with the Compar y,
the Amalgamated has represented its bus operators since August 1942.
The last contract, entered into on August 25, 1944, was automatically
renewable unless notice of a desire to negotiate a new contract be given
by either party 30 days prior to April 30, 1945, the expiration date.
On March 26, 1945, the Amalgamated notified the Company by letter
of its desire to modify the.existing contiact. Thereafter,-on or about
May 1, 1945, the Amalgamated submitted proposed changes to the
Company; but at the time of the hearing, no agreement had been
reached between the Amalgamated and the Company. The Amal-
gamated contends that the 1944 agreement constitutes a bar to this
proceeding. ,
By requesting modification and submitting proposed changes in
the contract of August 25, 1944, the Amalgamated evinced a desire to
terminate the contract as of its original expiration date, April 30, 1945,
thereby causing the automatic renewal clause contained therein to
become inoperative. Consequently, the 1944 contract was not auto-
matically renewed, and inasmuch as.iio new agreement was executed
prior to presentation of the BRT's claim to representation, we find
'that there exists no contractual bar to a present determination of repre-
sentatives1
See Matter of Goetz Ice Company , 61 N. L . R B 761
102 - DECISIONS OF NATIONAL LABOR` RELATIONS BOARD
A statement of a, Board. agent', -introduced into evidence at,the hear-
ing, , indicates that the BRT represents a substantial , number of,
employees in the unit hereinafter, found appropriate.?
The Amalgamated offered,to prove that. the . BRT ;obtained its
membership cards through coercion.- ;,This offer was denied by the
'Trial Examiner. We have frequently held'that the authenticity of
cards submitted for the 'purpose of showing the interest of a labor,
organization in a proceeding before the Board is not a subject matter
for challenge by the other'parties` thereto since the' a'rds'are submitted
only.in order to satisfy the Board's;o'%vn administrative requirements.
It is clear that the best method by which to 'determine_'the desire of
employees is' to conduct elections ;by' secret ballot. We"therefore'
affirm the Trial Examiner's ruling. ' -
We find that a question affecting commerce has arisen, concerning the'
representation of employees of the Company, within the meaning of,
Section 9 (c)' and Section 2'(6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, iii substantial accord with a stipulation Of 'the parties,
that all motor coach operators of the Company, excluding dispatchers
and all or any other supervisory employees with authority to hire,
promote, discharge, discipline 'or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute' a unit
appropriate for the-purposes-,of collective bargaining within the mean-
ing, of Section 9 (b) 'of the Act.
V. THE DETERMINATION OF REPRESENTATIVES '
We shall direct,that the question concerning representation whicli
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were'eniployed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions ' set forth in the
'. 'Direction.'
`The Amalgamated requested that the ballot be conducted by mail;
the BRT opposed this request and'the Company offered no objection.
Inasmuch as the' Regional Director is authorized' to' conduct' elections
in such- -manner ' as, he deems advisable ' and expedient, under the cir-
cumstances presented; we'shall leave the deteriniliatior of the methods,
s The Field Examiner reported that the BRT submitted 48 application cards, all of which
bore the names of employees on the Company ' s pay roll of June 4, 1945; the cards were
dated in April and May, 1945 ; there were 4 undated cards There, are 49 employees in the
alleged appropriate unit . The Amalgamated relies upon its contract with the Company
to support its interest in the present proceeding '
8 See Matter of Rubin E. Rappeport, Sigmund Rappeport and Milton Rappeport, Co.
partners d/b/a R . E Rappeport t Sons, at al., 62,N. L. R. B. 1118. '
TAMIAMI TRAIL TOURS, INC. 103
to be employed in the conduct of the instant election to the Regional
Director 's discre'tion.4
DIRECTION OF ELECTION
By virtue of and, . pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National `Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby °
DIRECTED that, as part of the investigation to ascer't in. representa-
tives for the purposes of collective bargaining with Tamiami Trail'
Tours, Inc., Tampa , Florida, 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 Tenth Region; acting in this matter
as agent for the National Labor Relations Board, and subject to
Articl e III, Sections 10 and 11, of said'Rules and Regulations , 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 the said pay-roll period because they were ill or on vacation
or temporarily , laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
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 they desire to be represented by
Brotherhood of Railroad Trainmen , an unaffiliated labor organization,
or by Amalgamated Association of Street , Electric Railway and Motor
Coach Employees of America ; affiliated with the American Federation
pf Labor, for the purposes of collective ' bargaining, or by neither.
See Matte ) of Albers Super Markets, Inc , 61 N. L R B 1101.