Taxicabs of Cincinnati, Inc.

National Labor Relations Board - Board Decisions

Jun 6, 1949

83 N.L.R.B. 1150 (N.L.R.B. 1949)

In the Matter of TAXICABS OF CINCINNATI, INC. (FERGUSON DIVISION),
EMPLOYER and LOCAL 647, INTERNATIONAL UNION, UNITED AUTO-
MOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, CIO, PETITIONER
In the Matter of TAXICABS OF CINCINNATI, INC. (YELLOW AND FERGU-
SON DIVISIONS), EMPLOYER and BROTHERHOOD OF TAXICAB DRIVERS
OF AMERICA, PETITIONER
Cases Nos. 9-RC-322 and 9-RC-3.65, respectively
SUPPLEMENTAL DECISION
ORDER SETTING ASIDE DIRECTION OF ELECTIONS
AND
SECOND DIRECTION OF ELECTION
June 6, 1949
On April 1, 1949, the Board issued a Decision and Direction of
Elections in the above-entitled proceeding wherein no final unit deter-
mination was made but separate elections by secret ballot were ordered
to be held among the employees at the Employer's 431 West Fifth
Street, Cincinnati, Ohio, garage within the following voting groups,
excluding all supervisors as defined by the Act as amended :
(1) All taxicab drivers of the Ferguson Division.
(2) All taxicab drivers of the Yellow Cab Division to deter-
mine :
(1) Whether the employees in voting group (1) desired to
be represented, for the purposes of collective bargaining, by
Local 647, International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, CIO ; or
by Brotherhood of Taxicab Drivers of America; or by neither.
(2) Whether or not the employees in voting group (2) desired
to be represented, for the purposes of collective bargaining,
by Brotherhood of Taxicab Drivers of America.
Thereafter, on April 12, 1949, Brotherhood of Taxicab Drivers of
America, hereinafter referred to as the Brotherhood, requested with-
83 N. L. It. B., No. 165.
1150
TAXICABS OF CINCINNATI, INC. 1151
drawal from the ballot in the election ordered in the Yellow Cab
Division. On April 14, 1949, Local 647, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, CIO, hereinafter referred to as the UAW-CIO, requested that
the Decision and Direction of Elections issued herein be amended to
provide for a single election to be held among all the drivers of the
Employer's Ferguson and Yellow Cab Divisions with both petitioning
unions on the ballot. In view of the fact that the UAW-CIO appeared
to have changed its position with respect to the appropriate unit to
coincide with that taken by the Brotherhood and the Employer at the
hearing, the Board on April 29, 1949, issued an order that all parties
file a statement with the Board setting forth their respective positions
with respect to the appropriate unit in the above-entitled proceeding.
Accordingly, on May 7, 1949, the Brotherhood informed the Board
that in the light of the UAW-CIO's change in position to coincide with
that taken by the Brotherhood and the Employer at the hearing, the
Brotherhood was willing to participate in a single election to be held
among all the drivers of both the Ferguson and Yellow Cab Divisions
with both petitioning unions on the ballot, provided that the UAW-
CIO made a sufficient showing of interest. On May 11, 1949, the
Employer filed with the Board a motion to dismiss this consolidated
case on the grounds (1) that because the UAW-CIO has now aband-
oned its unit claim in Case No. 9-RC-322, its petition therein should
be dismissed; and (2) that as the Brotherhood has requested that its
name be withdrawn from the ballot in the election ordered among the
Yellow Cab Division drivers and as the UAW-CIO has never requested
recognition as bargaining representative for the more comprehensive
unit sought by the Brotherhood and has not exhibited a showing of
interest with respect to the Yellow Cab Division drivers, the petition
in Case No. 9-RC-355 should be dismissed. The Employer further
takes the position that a new contract allegedly executed between the
Employer and the Brotherhood on March 9, 1949, constitutes a bar to
an election at this time at least with respect to the Yellow Cab
Division drivers.
Upon reconsideration of this consolidated case in the light of the
responses of the parties to our Order of April 29, 1949, and the entire
record in the case, we hereby make the following:
SUPPLEMENTAL FINDINGS OF FACT
Both petitioners are now in agreement as to the appropriateness of
the two-division unit requested by the Brotherhood in the petition
it filed in Case No. 9-RC-355, and each of them has expressed its desire
to participate in an election to be held among the employees constitut-
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing this more comprehensive unit. In our Decision and Direction of
Elections issued herein on April 1, 1949, we found that such a unit
might be appropriate. The UAW-CIO has exhibited a sufficient show-
ing of interest with respect to the larger unit to justify its participation
at least as an intervenor in the election hereinafter directed., As the
contract allegedly entered into between the Employer and the Brother-
hood during the pendency of this proceeding was executed after the
petitions were filed herein, it cannot constitute a bar to the election.'
For these reasons the Employer's motion to dismiss is denied.
As the UAW-CIO and the Brotherhood are in agreement as to the
appropriate unit and as the Employer has advanced no cogent reason
why we should not proceed to an immediate election as requested by
the two unions, we shall grant the request of the UAW-CIO. Accord-
ingly, we hereby amend our Decision and Direction of Elections of
April 1, 1949, by striking the last two paragraphs of paragraph num-
bered 4, "The appropriate unit," therein and substituting therefor the
following :
We find that all taxicab drivers employed in the Employer's
Ferguson and Yellow Cab Divisions at 431 West Fifth Street,
Cincinnati, Ohio, excluding all supervisors as defined by the Act,
as amended, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the
Act.
We shall set aside the Direction of Elections issued herein and direct
that a new election be held among the employees in the unit found
appropriate above who were employed during the pay-roll period
immediately preceding the date of this Second Direction.
• ORDER
IT IS HEREBY ORDERED that Direction of Elections issued herein on
April 1, 1919, be, and it hereby is, vacated and set aside.
SECOND DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes 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 this 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
Cf. Matter of Manganese Ore Company, 54 N. L . R. B. 1192.
Matter of Jarecki Machined Toot Company, 78 N. L. R. B. 930; Matter of Herman L.
Hoops, Helen C. Engel and Elizabeth H. Mooyer, d/b/a Hawley d Hoop8, 72 N. L . R. B. 1431.
TAXICABS OF CINCINNATI, INC. 1153
the employees in the unit hereinabove found appropriate, 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 rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining,
by Local 647, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, CIO, or Brotherhood
of Taxicab Drivers of America, or neither.
CHAIRMAN HERZOG and MEMBER GRAY took no part in the considera--
tion of the above Supplemental Decision, Order Setting Aside Direc-
tion of Elections, and Second Direction of Election.
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