Tampa Transit Lines, Inc.

National Labor Relations Board - Board Decisions

Jun 1, 1949

83 N.L.R.B. 1017 (N.L.R.B. 1949)

In the Matter of TAMPA TRANSIT LINES, INC., EMPLOYER and TRANS-
PORT WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No. 10-RC-458.-Decided June 1, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before M. V. Martin,
hearing officer of the National Labor Relations Board. The hearing
officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.,
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations involved claim to represent 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 .2
1 Brotherhood of Railroad Trainmen , herein called the Intervenor , moved to dismiss the
petition herein on the grounds (1) the Petitioner 's showing of interest was obtained by
coercion and deceit and (2 ) the Petitioner was not in compliance with Section 9 (f), (g),
and (h ) of the Act at the time the petition was filed . For reasons stated in prior cases
wherein similar contentions were considered and rejected by the Board, we find no merit
to the Intervenor 's motion to dismiss and it is hereby denied . Matter of Walt Disney's
Productions, 78 N. L . R. B. 121 ; Matter of Lion Oil Company, 76 N. L. R. B. 644; Matter
of Colonial Hardwood Flooring Co., Inc., 76 N. L . R. B. 1039; Matter of Armstrong Cork
Co., 80 N. L. R. B . 566; Matter of The Prudential Insurance Co. of America, 80 N. L. R. B.
1583. In this respect we note that the hearing officer erroneously permitted the Inter-
venor to introduce evidence in support of its contention that the Petitioner's
cards were obtained by coercion and deceit. However, we do not consider this to be a
prejudicial error under the circumstances of this case.
S The Employer and the Intervenor entered into a collective bargaining agreement effec-
tive from February 16, 1948, to February 16, 1949, subject to automatic renewal unless 60
days notice of change or cancellation was given . Such notice of change was given by the
Intervenor on December 13, 1948. The petition was filed by the Petitioner on December 15,
1948 . The notice to amend the contract , as provided therein, effectively forestalled the
automatic renewal of the contract . Accordingly, we find that the contract is not a bar to
this proceeding . Matter of Best Motor Lines, 80 N. L . R. B. 314.
83 N. L. R. B., No. 146.
1017
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The following employees of the Employer at its Tampa, Florida,
operations, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
All motor coach employees but excluding office, clerical, guards,
professionals, and all supervisors as defined in the Act .3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which the case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the voting group described in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, but excluding those employees who
have since quit or been discharged for cause and have not been re-
hired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining by Transport Workers Union of America, CIO.4
8 A question was raised as to whether or not two employees of the Employer , classified
as street supervisors , are supervisors within the meaning of the Act , as amended. These
employees ride over the entire local system, watching operations , checking operators as to
maintenance of schedules and observance of other company rules, and recommending
schedule changes where necessary . They are paid on a monthly basis while the motor
coach operators are hourly paid, they do not have authority to hire, discharge , discipline, or
otherwise change the employment status of the motor coach operators , nor does it appear
that they have power to effectively recommend such action or responsibly direct them.
.Independent investigations are made on the basis of their reports . They are under the
same over-all supervision as are the motor coach operators and would revert to their former
status as coach operators if their services as street supervisors were not needed. Upon
the basis of the foregoing facts, we find that the street supervisors are not supervisors as
defined in the Act, as amended , and we shall include them in the unit hereinabove found
appropriate.
'+ The Brotherhood of Railroad Trainmen is omitted from the ballot because of its failure
to comply with the filing requirements of Section 9 (f), (g), and (h) of the Act. In the
event that the Brotherhood of Railroad Trainmen effects compliance with the filing require-
ments of the Act within 2 weeks from the date of this Direction , the Regional Director is
instructed to accord it a place on the ballot in the election directed herein.