Texas Motor Coaches, Inc.

National Labor Relations Board - Board Decisions

May 12, 1950

89 N.L.R.B. 1329 (N.L.R.B. 1950)

In the Matter of TEXAS MOTOR COACHES, INC., EMPLOYER and
BROTHERHOOD OF RAILROAD TRAINMEN, PETITIONER
Case No. 16-RC-193.-Decided May 12, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before J. A. Butler,
hearing officer . The hearing off'icer'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 [ Chairman Herzog and Members
Houston and Styles].
Upon the entire record in the case , the National Labor Relations
Board finds :
1. The Employer, a Texas corporation , is engaged in the transpor-
tation of 'passengers by motor bus between Fort Worth and Dallas, in
the State of Texas. It also operates , chartered busses to other points
within and without the State of Texas . In this connection it operates
approximately 28 busses , all realizing a gross income of approximately
$55,000 per month. The Employer purchases all of its oil, gas,, and
equipment , other than busses , locally. All busses owned by the Em-
ployer were purchased and delivered to it from points outside the
State of Texas. It holds a permit from the Railroad Commission of
Texas, and operates under a certificate of public convenience and
necessity issued by the Interstate Commerce . Commission.
The Employer carries United States mail between Fort Worth
and Dallas, Texas, under a post office contract . It regularly inter-
changes passengers with several interstate busses, rail, and airlines.
It has a chartered service under contract with the Santa Fe Railroad
under which . passengers of Santa Fe are picked up by the Employer
at Fort Worth and transported to Dallas and vice versa. The Em-
ployer also has a contract with American Air Lines to operate char-
89 NLRB No. 170.
1329
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tered busses to pick up passengers and crews either in Fort Worth or
Dallas when the need arises.
On these facts, we find, contrary to the Employer's contention,
that its transportation activities between those major cities affect
commerce within the meaning of the Act, and that it will effectuate the
policies of the Act to assert jurisdiction in this case.'
2. The labor organization involved claims 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.
4. In accordance with the agreement of the parties, we find that all
employees employed in the Company's Fort Worth and Dallas shop,
excluding office and clerical employees, all drivers, extra board, guards
and watchmen, professional employees, and all supervisors as defined
in the Act, as amended, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
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 203.6' of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of election, including employees who did not work
during said payroll 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 re-
instated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of col-
lective bargaining, by Brotherhood of Railroad Trainmen.
' Union Bus Lines, Inc., 85 NLRB 107; El Paso-Ysleta Bus Co., 79 NLRB 1068.
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