Tamiami Trail Tours, Inc.

National Labor Relations Board - Board Decisions

Jul 31, 1947

74 N.L.R.B. 918 (N.L.R.B. 1947)

In the Matter of TAMIAMI TRAIL TOURS , INC., EMPLOYER and TRUCK
DRIVERS, `VAREIIOUSEMEN & HELPERS LOCAL UNION No. 512, JACK-
SONVILLE, FLA., A. F. L., PETITIONER
Case No. 10-B-0,511.-Decided July 31, 1947
Mr. A . Pickens Coles , of Tampa, Fla ., for the Employer.
Mr. G. H. Collins , of Jacksonville , Fla., for the Petitioner.
Mr. Benjamin B. Lipton, of counsel to the Board.
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Jack-
sonville, Florida, on April 30, 1947, before Oscar Geltman, 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. TIIE BUSINESS OF THE EMPLOYER
Tamiami Trail Tours, Inc., a Florida corporation, is engaged in the
transportation of passengers by bus and the hauling of freight by
truck. Its passenger operations encompass the States of Florida,
Georgia, and Alabama ; its trucking operations are confined to the pen-
insula of Florida, south of Jacksonville. The Employer has transfer
arrangements with carriers transporting freight in interstate com-
merce, whereby it transports freight received from, and shipped to,
points outside the State. The Employer's gross revenue from its pas-
senger and freight operations during the year 1946, was in excess of
$500,000, of which approximately 15 percent represented revenue from
passengers and freight moving in interstate commerce.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
74 N L R. B, No. 144.
918
TAMIAMI TRAIL TOURS, INC.
II. THE ORGANIZATION INVOLVED
919
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
III. TIIE ALLEGED APPROPRIATE UNIT
The Petitioner seeks a unit of all over-the-road truck drivers work-
ing out of the Employer's freight terminal at Jacksonville, Florida.
The Employer contends that the only appropriate unit is one embrac-
ing its entire State-wide system of 18 freight terminals, including the
1 at its general headquarters at Tampa, Florida.
Although there is no bargaining history respecting the over-the-road
truck drivers, the Employer's passenger bus drivers have been organ-
ized and represented on a system-wide basis since 1940, while its city
pick-up drivers at several terminals are represented together with
other employees on a single terminal basis. The Petitioner represents
the latter employees at the Jacksonville terminal.
There are 6 regular drivers and 1 relief driver in the Petitioner's
proposed unit; 33 regular drivers and 11 relief drivers constitute the
entire over-the-road truck driving complement of the Employer., All
drivers are hired at Tampa; discharges are also effected at Tampa with
local terminals having little, if any, effective power of recommendation.
Drivers operate their trucks to points at varying distances from their
home terminals, the longest run being from Tampa to Miami, a dis-
tance of 283 miles. The drivers sometimes receive instructions directly
from Tampa as well as from the dispatchers at each terminal point of
their run.z System-wide seniority has been in effect for 15 years, under
which drivers are permitted to select their runs at 6-month intervals,
and on the basis of which their mileage wage rates are established.
The Employer's headquarters at Tampa house the principal mainte-
ance shop for over-the-road equipment; all the pay-roll and auditing
work pertaining to these drivers is performed at Tampa.
The foregoing indicates that the Employer's over-tr.e-road freight
operations are conducted on a closely integrated, highly centralized
basis, with substantially all authority emanating from its headquarters
at Tampa. Furthermore, the relatively small number of over-the-road
truck drivers employed at all of the Employer's 18 terminals indicates
that a unit confined to the Jacksonville terminal alone is too limited in
scope and not sufficiently autonomous to be appropriate for the pur-
1 Testimony shows that 60 days prior to the hearing 44 regular drivers were on the
Employer ' s pay roll The subsequent decrease is attiibuted to a "slack period " in effect at
the time of the hearing.
I The record indicates that drivers do not necessarily maintain their residences in the
city of their home terminal, although they receive their mail and pay checks there
920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
poses of collective bargaining .3 Accordingly, we find that the Peti-
tioner's proposed unit is inappropriate and shall, therefore, dismiss
the petition herein.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Inasmuch as we have determined in Section III that the unit peti-
tioned for is inappropriate, we find that no question has arisen concern-
ing the representation of employees of the Employer within- an appro-
priate unit, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
ORDER
Upon the basis of the above findings of fact and the entire record in
the case, it is hereby ordered that the petition for investigation and
certification of representatives of employees of Tamiami Trail Tours,
Inc., Jacksonville, Florida, filed herein by Truck Drivers, Warehouse-
men & Helpers Local Union No. 512, Jacksonville, Fla., A. F. L., be,
and it hereby is, dismissed.
3 Matter of Wyeth , Incorporated, 73 N. L R B 684 , Matter of International Cementers,
Inc., 72 N L R B 1044.