The Fred Harvey Bus Line

National Labor Relations Board - Board Decisions

Aug 20, 1948

78 N.L.R.B. 1215 (N.L.R.B. 1948)

In the Matter of A. B. FLETCHER , ROBERT FLETCHER , ARNOLD FLETCHER,
AND REGINA FRANKEN , D/B/A THE FRED HARVEY Bus LINE, AND A. B.
FLETCHER , ARNOLD FLETCHER AND A . C. MURPHY, D/B/A DES MOINES
AND NORTHWEST IOWA Bus LINES , AND SEDALIA-MARSHALL-BOON-
VILLE STAGE LINES, INC., SEVERALLY AND JOINTLY DOING BUSINESS
As DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE and BROTHER-
HOOD OF RAILROAD TRAINMEN
Case No. 17-C-144.15.Decided August 20,1948
DECISION
AND
ORDER
On August 4, 1947, Trial Examiner Wallace E. Royster issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondents had engaged in, and were engaging in, certain unfair
labor practices 1 and recommending that they cease and desist there-
from and take certain affirmative action, as set forth in the copy of
the Intermediate Report attached hereto. The Trial Examiner also
found that the Respondents had not engaged in certain other unfair
labor practices alleged in the complaint, and recommended dismissal
of those allegations. Thereafter, Respondents Northwest and the
Corporation filed exceptions to the Intermediate Report, and briefs
in support of their exceptions.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, as amended, the National Labor Relations Board has
delegated its powers in connection with this proceeding to a three-man
panel consisting of the undersigned Board Members.*
The Board has reviewed the rulings made by the Trial Examiner
and finds that no prejudicial error was committed.2 The rulings are
IThose provisions of Section 8 (1) and (3) of the National Labor Relations Act which
the Trial Examiner found were violated , are continued in Section 8 (a) (1) and (3) of
the Act as amended by the Labor Management Relations Act, 1947.
*Houston , Murdock , and Gray.
2 Respondents renewed, in their exceptions and briefs , motions made at the hearing
to dismiss the complaint on the grounds that the Board lacked jurisdiction as to North-
west, that the parties were improperly joined , and that the complaint was indefinite and
uncertain . In support of these motions it is argued that the Trial Examiner 's finding
that the Respondents were an integrated enterprise is inconsistent with his dismissal of
the complaint as to Harvey for lack of proof, and his finding that Des Moines, Springfield
78 N. L. R. B., No. 170.
1215
1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereby affirmed. The Board has considered the Intermediate Report,
the exceptions and briefs, and the entire record in the case,' and hereby
adopts the findings, conclusions, and recommendations of the Trial
Examiner with the exceptions, modifications, and additions set forth
below.
1. The Trial Examiner found, as set forth in the Intermediate Re-
port, that Respondent Northwest violated Section 8 (1) of the Act.
We agree. We limit our finding to the following conduct of this Re-
spondent through General Manager A. B. Fletcher and Superintendent
Carl E. Cunningham : (a) Interrogating employees as to their attitude
toward, and membership in, the Union and as to the activity and
membership in the Union of their fellow employees; 4 (b) offering,
benefits to Everett Purscell to abandon the Union and to Joe Purscell
to reveal the names of employees who should attempt union organiza-
tion; (c) threatening discharge and adverse changes in working con-
ditions, including withdrawal of privileges, in the event that its
employees joined a union.
and Southern Route was merely a trade name used by all three companies as an identify-
ing advertising legend. We perceive no such inconsistency . The Board ' s jurisdiction over
Northwest does not depend upon the finding of any violation against Harvey. On the
jurisdictional issue , we are concerned , as was the Trial Examiner , only with the question
of whether the operations of Northwest were so intertwined with those of Harvey and the
Corporation , which are admittedly engaged in interstate commerce , as to warrant a finding
that an interruption of Northwest ' s operations would affect that commerce . The Trial
Examiner found, in effect , that it would , and we agree.
Nor is there any merit to the contention that the parties were improperly joined The
allegations made in the complaint arose from the same set of facts Had separate com-
plains issued against each Respondent the proceedings might appropriately have been
consolidated under the Board's Rules and Regulations . ( Cf. Rule 20 ( a) of the Rules
of Civil Procedure for the District Courts of the United States.)
As to the Respondents ' contention that the complaint was indefinite and uncertain,
the record reveals that a Bill of Particulars was served on all parties in reply to Re-
spondents ' Motion to Make Definite and Certain , and that no motion for a further Bill
was made. Moreover , Respondents appeared at the hearing , participated fully in the
proceeding , examined and cross -examined witnesses , were afforded full opportunity to
introduce evidence and, as previously indicated , filed briefs with the Board . Counsel
for the Respondents has not pointed to any matters not fully covered at the hearing.
In view of all the foregoing, and on the basis of the entire record in the case, we are
of the opinion that the Respondents have not been prejudiced or surprised by their joinder
or by the alleged indefiniteness of the pleadings We find the Respondents' contentions
to be without merit. The motions are hereby denied
8 Respondent Northwest excepts to the Trial Examiner 's statement in the Intermediate
Report that "the case presented through witnesses for the Board was convincing in context
and was supported by circumstantial detail ." The Respondent maintains that this is
"tantamount to a determination that the complaint of the Board is to be final and binding."
However, the Intermediate Report clearly indicates that the Trial Examiner duly con-
sidered all the testimony and that, in using the language quoted above , he merely sought
to indicate that the Board had sustained its burden of proof. In any event , in adopting
the findings and recommendations of the Trial Examiner to the extent indicated, we
have, as noted above , considered the entire record in the case
4In addition to the instances of interrogation cited in the Intermediate Report, the
record shows that Cunningham asked employee Hursman how employee Callahan felt
about the Union and requested Hursman to ask Callahan what his attitude was toward
the Union.
DES MOINES , SPRINGFIELD AND SOUTHERN ROUTE 1217
2. The Trial Examiner further found , and we agree , that the Cor-
poration violated Section 8 ( 1) of the Act. The Corporation contends,
in its exceptions and brief , that the record does not disclose that Maurice
Smith, an employee of the Corporation , was present in Cunningham's
apartment at the time A. B. Fletcher made the statements which the
Trial Examiner found were violative . Although the record contains
testimony fixing the time of Smith 's arrival at the meeting after the
voicing of the threats of reprisal by Fletcher , there is further credible
testimony by employee James Callahan that, - after Smith's arrival,
"Fletcher told him approximately the same thing that he had told us
other men." In view of the foregoing , we find that Smith heard A. B.
Fletcher 's threats of reprisal and we conclude , as did the Trial Ex-
aminer, that the Corporation , by the remarks of Fletcher , its president,
violated Section 8 (1) of the Act.
3. We agree with the Trial Examiner that Respondent Northwest
discharged Paul Bliss and Robert Garvin because of their union
activity, in violation of the Act.
In its brief, this Respondent contends that since Garvin and Bliss
were not leaders of the Union , its reason for discharging them could
not -have been their union leadership . However, as indicated in the
Intermediate Report, the record shows that on June 9, 1946 , Cunning-
ham asked employee Everett Purscell whether Garvin and Bliss were
the instigators of the Union . It also shows that on the morning of
June 12, 1946, A. B. Fletcher made the same inquiry of Everett Pur-
scell . We find, therefore , that even assuming that Bliss and Garvin
were not leaders in union organization , Respondent Northwest effected
their discharge in the belief that they were. Moreover, the discharge
of an employee merely for union membership or' activity is as much
a violation , of the Act as his discharge for union leadership.
The Respondent contends further, in its brief, that the sole reason
for the discharge of Garvin and Bliss was that a reduction in personnel
was made necessary by the proposed discontinuance of certain runs,
and that Bliss and Garvin were chosen for termination because they
were the least efficient of Respondent 's drivers. The Respondent as-
serts that these two employees were not selected for discharge because
of any particular infraction of company rules or misconduct. Thus,
the Respondent admits, in effect, and its admission is supported by
the record, that the reasons advanced to Garvin and Bliss on June 13,
1946, for their discharge were not the true reasons . ' In connection
with the Respondent 's present contention that they were discharged
in anticipation of a curtailment in the number of bus runs, we note
that Bliss and Garvin were discharged on June 13 , 1946, a day after
Bliss told Cunningham that if Fletcher was not careful there would
1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
be a work stoppage, and a day after Garvin told Fletcher that if the
men wanted a union he was "a hundred percent behind them." We
note also, that the Respondent did riot file its application for dis-
continuance of the runs until 2 weeks after the discharges. Although
the Respondent maintains that it had enough drivers to maintain the
runs without Garvin and Bliss, we are of the opinion that its precipi-
tate action with regard fo these two employees, as contrasted with its
delay of 2 weeks in filing its application for discontinuance of the
runs, supports the inference that it desired to rid itself of Garvin and
Bliss because of their union activity and not for reasons of economy.
In view of all the foregoing, and on the basis of the entire record,
we are of the opinion that the reasons given to Garvin and Bliss for
their discharge were a mere pretext and that the reason for their dis-
missal advanced by this Respondent at the hearing was an after-
thought. Accordingly, we conclude, as did the Trial Examiner, that
this Respondent discharged Garvin and Bliss because it believed they
were the moving force in union organization among its employees and
to discourage membership in the Union. We find, therefore, as did
the Trial Examiner, that by its discriminatory discharge of Garvin
and Bliss Respondent Northwest violated the Act.
4. In resolving the issue with respect to the discharge of Joe Pur-
scell, the Trial Examiner found that "Purscell's denomination of
Burrhus and other drivers as `scabs' was not such activity in support
of the Union as the Act was designed to protect." We reject this
finding. The Board has held that abusive, intemperate, slanderous or
inflammatory statements, although not condoned, must be measured
by the circumstances and the nature of the speaker and his audience.5
The word "scab" _which was applied by Purscell to Burrhus is one often
directed by active participants toward non-participants in a union
organizational drive. We perceive nothing in such conduct to war-
rant a forfeiture of an employee's rights under the Act.
Despite the foregoing, however, we are persuaded, as was the Trial
Examiner, that Purscell's discharge was not in violation of the Act.
The record supports the conclusion that his discharge stemmed not
from the Respondent's antipathy to his union activity in this instance,
but from a desire to prevent disruptions in the orderly operation of
its business. The precipitating cause, as far as Manager Arnold
Fletcher was concerned, was the altercation with Burrhus. This is
true even though we find, as did the Trial Examiner, that Burrhus was
the aggressor. And, although this incident was provoked by the use
of the word "scab," we are persuaded that it was regarded by Arnold
6 Matter of Wytheville Knitting Mills, Inc, 78 N. L. R. B 640; Matter of Howardl
Foundry Company, 59 N. L. R. B. 60, 73.
DES' MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1219
Fletcher as a fortuitous circumstance of the case. The record shows
that he apparently in good faith concluded, although erroneously,
after investigation, that Purscell struck the first blow. For these rea-
sons, and in the absence of exceptions to the Trial Examiner's dismissal
of the complaint as to Joe Purscell, we agree with the conclusion of the
Trial Examiner that Respondent Northwest's discharge of Joe Purs-
cell was not motivated by anti-union considerations and was therefore
not a violation of Section 8 (3) of the Act.
THE REMEDY ,
Having found that the Respondents have engaged in unfair labor
practices, we shall order them to cease and desist therefrom and take
certain affirmative action which we find necessary to effectuate the
policies of the Act, as amended.
The Trial Examiner found that Respondent Northwest violated Sec-
tion 8 (1) of the Act by interrogation of employees, by offers of bene-
fits to employees, and by threats of discharge and other reprisals
against its employees. He also found that Respondent Corporation
violated Section 8 (1) of the Act by threats of reprisals against its
employees. However, the Trial Examiner's recommended order did
not contain any provision directed particularly at such violations. We
are of the opinion, upon the entire record, that the commission in the
future of such acts of interference and of other unfair labor practices
may be anticipated from the Respondents' conduct in the past.6 We
shall, therefore, order that the Respondents cease and desist from such
conduct, and from in any other manner infringing upon the rights
guaranteed to its employees in Section 7 of the Act.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that A. B. Fletcher, Arnold Fletcher,
and A. C. Murphy, doing business as Des Moines and Northwest Iowa
Bus Lines, a partnership, their agents, successors, and assigns, shall:
1. Cease and desist from : .
(a) Discouraging membership in Brotherhood of Railroad Train-
men, or any other labor organization of their employees, by discharg-
ing or refusing to'reinstate any of their employees or by discriminat-
ing in any other manner in regard to their hire and tenure of employ..
ment, or any term or condition of employment;
See N. L. R. B v. Express Publishing Company, 312 U. S. 426.
1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Interrogating employees in any manner as to their union activi-
ties, views, sympathies or membership ;
(c) Offering benefits to employees to abandon membership in
Brotherhood of Railroad Trainmen or any other labor organization
or to reveal the names of employees who should attempt union organ-
ization;
(d) Threatening discharge and adverse changes in working condi-
tions, including withdrawal of privileges, in the event their employees
join a union;
(e) In any other manner interfering with, restraining, or coercing
their employees in the exercise of their right to self-organization, to
form labor organizations, to join or assist Brotherhood of Railroad
Trainmen, or any other labor organization, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purposes of collective bargaining or other
mutual aid or protection as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Offer to Paul Bliss and Robert S. Garvin immediate and full
reinstatement to their former or substantially equivalent positions
without prejudice to their seniority or other rights and privileges;
(b) Make whole Paul Bliss and Robert S. Garvin for any,-loss of
pay each may have suffered by reason of the discrimination against
him by payment to him of a sum of money equal to the amount which
he normally would have earned as wages from June 13, 1946, to the
date of the Respondents' offer of reinstatement, less his net earnings
during such period ;
(c) Post at their terminal in Des Moines, Iowa, copies of the notice
attached hereto, marked "Appendix A." 7 Copies of said notice, to be
furnished by the Regional Director for the Seventeenth Region, shall,
after being duly signed by this Respondents' representatives, be posted
by them, and maintained by them for a period of sixty (60) consecutive
days thereafter, in conspicuous places, including all places where
notices to its drivers are customarily posted. Reasonable steps shall be
taken by these Respondents to insure that said notices are not altered,
defaced, or covered by any other material;
(d) Notify the Regional Director for the Seventeenth Region in
writing within ten (10) days from the date of this Order; what steps
the Respondents have taken to comply therewith. -
IT IS FURTHER ORDERED that Sedalia-Marshall-Boonville Stage Lines,
Inc., Des Moines, Iowa, its officers, agents, successors and assigns, shall :
7 In the event this Order is enforced by a decree of a Circuit Court of Appeals, there
shall be inserted before the words "A DECISION AND ORDER " the words "DECREE
OF THE UNITED STATES CIRCUIT COURT OF APPEALS ENFORCING."
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1221
1. Cease and desist from;:
(a) Threatening adverse changes in working conditions, including
withdrawal of privileges, in the event that its employees join a union;
(b) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their right to self-organization, to form
labor organizations, to join or assist Brotherhood of Railroad Train-
men, or any other labor organization, to bargain collectively through
representatives of their own choosing, and to engage in concerted activ-
ities for the purposes of collective bargaining or other mutual aid
or protection as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post at its terminals at Des Moines, Iowa, and Sedalia, Missouri,
copies of the notice attached hereto, marked "Appendix B." 11 Copies
of said notice, to be furnished by the Regional Director for the Seven-
teenth Region, shall, after being signed by this Respondent's repre-
sentative, be posted and maintained by it for sixty (60) consecutive
days thereafter, in conspicuous places, including all places where
notices to its drivers are customarily posted. Reasonable steps shall
be taken by this Respondent to insure that said notices are not altered,
defaced, or covered by any other material;
(b) Notify the Regional Director for the Seventeenth Region in
writing, within ten (10) days from the date of receipt of this Order
what steps this Respondent has taken to comply therewith.
AND IT IS FURTHER ORDERED that the allegations of the complaint
that A. B. Fletcher, Robert Fletcher, Arnold Fletcher, and Regina
Franken, doing business as the Fred Harvey Bus Line, violated the
Act; that Sedalia-Marshall-Boonville Stage Lines, Inc., violated Sec-
tion 8 (3) of the Act; and that A. B. Fletcher, Arnold Fletcher, and
A. C. Murphy, doing business as Des Moines and Northwest Iowa Bus
Lines discriminatorily discharged or denied reinstatement to James
Callahan and Joe Purscell in violation of Section 8 (3) of the Act,
be, and they hereby are, dismissed.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
AVE WILL NOT discharge any employee because of his member-
ship in or activity on behalf of BROTHERHOOD OF RAILROAD TRAIN-
MEN, or any other labor organization.
8 See footnote 7, supra.
798767-49-vol. 78-78
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT interrogate our employees in any manner as to
their union activities, views, sympathies or membership.
WE WILL NOT offer benefits to employees to abandon the union
or to reveal the names of employees who should attempt union
organization.
WE WILL NOT threaten discharge and adverse changes in work-
ing conditions, including withdrawal of privileges, in the event
our employees join a union.
WE WILL NOT in any other manner interfere with, restrain, or
coerce our employees in the exercise of their right to self-organi-
zation, to form labor organizations, to join or assist the above-
named union or any other labor organization, to bargain
collectively through representatives of their own choosing, and to
engage in concerted activities for the purposes of collective bar-
gaining or other mutual aid or protection.
WE WILL OFFER to Paul Bliss and Robert S. Garvin immediate
and full reinstatement to their former or substantially equivalent
positions without prejudice to any seniority or other rights and
privileges previously enjoyed, and make them whole for any loss
of pay suffered as a result of the discrimination against them.
All our employees are free to become or remain members of the
above-named union or any other labor organization.
WE WILL NO discriminate in regard to the hire or,tenure of
employment or any term or condition "of rmmployment against
any employee because of membership in or activity on be-
half of BROTHERHOOD OF RAILROAD TRAINMEN, or any other labor
organization.
DES MOINES AND NORTHWEST IOWA Bus LINES,
Employer.
By -----------------------------------------------
(Representative ) ( Title)
Dated --------------------
This notice must remain posted for sixty (60) days from the date
hereof and must not be altered, defaced, or covered by any other
material. -
APPENDIX B
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT threaten adverse changes in working conditions,
including withdrawal of privileges, in the event that our em-
ployees join a union.
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1223
WE WILL NOT in any other manner interfere with, restrain, or
coerce our employees in the exercise of their right to self-organi-
zation, to form labor organizations, to join or assist BROTHERHOOD
OF RAILROAD TRAINMEN or any other labor organization, to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection.
All our employees are free to become or remain members of the
above-named union or any other labor organization.
SEDALIA-MARSHALL-BOONVILLE STAGE LINES, INC.,
Employer.
By ---------------------------------------------------
(Representative ) (Title)
Dated -------------------
This notice must remain posted for sixty (60) days from the date
hereof, and must not be altered, defaced, or covered by any other
material.
INTERMEDIATE REPORT
Robert S . Fousek, Esq., for the Board.
Joseph A. Hoskins, Esq, of Kansas City, Mo., and Stephen Robinson, Esq, of
Des Moines , Iowa, for Respondents.
STATEMENT OF THE CAPE
Upon an amended charge duly filed on July 25, 1946, by Brotherhood of Rail-
road Trainmen, herein called the Union, the National Labor Relations Board, by
its Regional Director for the Seventeenth Region (Kansas City, Missouri), issued
its complaint dated May 14, 1947, against A. B. Fletcher, Robert Fletcher, Arnold
Fletcher and Regina Franken, doing business as The Fred Harvey Bus Line,
herein sometimes called Harvey ; A. B. Fletcher, Arnold Fletcher and A. C.
Murphy, doing business as Des Moines and Northwest Iowa Bus Lines, herein
sometimes called Northwest ; and Sedalia -Marshall -Boonville Stage Lines, Inc.,
herein sometimes called the Corporation , severally and jointly doing business as
Des Moines, Springfield and Southern Route and hereinafter collectively referred
to as Respondents , alleging that Respondents, and each of them, had engaged in
and were engaging in unfair labor practices affecting commerce within the mean-
ing of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and
the charge, accompanied by notice of hearing, were duly served upon Respondents
and the Union.
With respect to unfair labor practices , the complaint alleged , in substance,
that Respondents from on or about July 1 , 1945, to the date of issuance of the
complaint ( 1) advised employees that membership in a union would result in
discriminatory economic action against them ; threatened discharge to those
employees who joined a union ; offered benefits to employees to cease union
activity and to reveal union membership of other employees ; offered bribes to
employees who would persuade other employees to cease union activity, and in-
terrogated employees and prospective employees concerning their union mem-
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bership; and (2) on June 13, 1946, discharged Paul Bliss and Robert S. Garvin;
on June 17, 1946, discharged James Callahan; and on July 17, 1946, discharged
Joe Purscell, for the reason that each of the four above-named joined and assisted
the Union or engaged in other concerted activity for purposes of collective bar-
gaining or other mutual aid and protection.
In a joint answer filed at the hearing on June 2, 1947, Harvey and the Corpora-
tion admitted that they were engaged in the transportation for hire of passengers
in interstate commerce, Northwest denied that its operations during 1946 were in
commerce or affected commerce, and all Respondents denied the commission of
unfair labor practices.
Pursuant to notice, a hearing was held in Des Moines, Iowa, on June 2, 3, 4, 5
and 6, 1947, before the undersigned, the Trial Examiner duly designed by the
Chief Trial Examiner. The Board and Respondents were represented by counsel
and participated in the hearing' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evidence perti-
nent to the issues. At the opening of the hearing, Respondents moved to dismiss
the complaint in its entirety alleging it to be indefinite and uncertain and because,
allegedly, Respondents were improperly joined. Respondents moved further to
dismiss that paragraph of the complaint alleging violations of Section 8 (1) of
the Act. Both motions were denied. At the close of the Board's case, the motions
were renewed and again denied. The undersigned reserved ruling upon addi=
tional motions to dismiss as to Harvey and the Corporation for lack of proof and
as to Northwest for lack of jurisdiction. All motions of such nature theretofore
denied were renewed at the close of the hearing. The undersigned reserved ruling
thereon and disposes of them in the body of this report. A motion at the close of
the hearing by counsel for the Board to conform the pleadings to the proof was
granted without objection. All parties were granted until June 21, 1947, for the
filing of briefs or proposed findings of fact and conclusions of law. None has been
received.
Upon the entire record in the case and from his observation of the witnesses, the
undersigned makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF RESPONDENTS
A. B. Fletcher, Robert Fletcher, Arnold Fletcher and Regina Franken constitute
a partnership doing business as The Fred Harvey Bus Line and during 1946, as
now, were engaged in the transportation of passengers for hire between Spring-
field and Sedalia, Missouri, under authority of a certificate of convenience and
necessity issued by the Interstate Commerce Commission. By virtue of this au-
thority, Harvey could, and did, transport passengers engaged in interstate travel
and sell and accept tickets for transportation of passengers to and from points
outside the State of Missouri. At Sedalia, Missouri, Harvey used a terminal in
conjunction with the Corporation and delivered and received passengers at that
point to and from the busses of the Corporation. A. B. Fletcher was and is the
active manager of Harvey's operations and during 1946, and now, owned a 75 per-
cent interest in that enterprise. Harvey does not contest the Board's assertion
of jurisdiction.
Sedalia-Marshall-Boonville Stage Lines, Inc., a Missouri corporation, during
1946, and until the time of the hearing, operated busses for the transportation
1 Although served with a copy of the complaint and notice of hearing, the Union was
not represented at the hearing
DES MOINES , SPRINGFIELD AND SOUTHERN ROUTE 1225
of passengers on lines extending from Sedalia , Missouri , to Des Moines, Iowa,
and operated additional schedules within the State of Missouri . The Corpora-
tion operated under a certificate of convenience and necessity issued by the Inter-
state Commerce Commission as well as under similar certificates issued by
State authority . At Des Moines , the Corporation during 1946 , and at the time
of the hearing , shared terminal and garage facilities with Northwest. A. B.
Fletcher, at all times material herein, was president , active manager, and
majority stockholder in the Corporation . The Board 's assertion of jurisdiction
is not contested.
A. B. Fletcher, Arnold Fletcher and A. C. Murphy constitute a partnership
doing business as Des Moines and Northwest Iowa Bus Lines which during
1946, and until February 27, 1947, was engaged in the transport of passengers
for hire between Des Moines , Iowa, and Sioux City, Iowa, under authority of
a certificate of authorization issued by the Iowa State Commerce Commission.
During this period, Northwest could not lawfully transport persons engaged in
an interstate journey and could not sell tickets for transportation of passengers
beyond the borders of Iowa. There is no evidence that it did so. During 1946,
Northwest transported 125,000 passengers and received a gross revenue of $110,-
000. On February 27, 1947, Respondent Northwest received a certificate from
the Interstate Commerce Commission authorizing it to transport passengers
engaged in interstate journeys between Des Moines and Sioux City, Iowa, and
since that date has done so. Counsel for Respondents argues that during the
period when it is alleged the unfair labor practices occurred , Northwest was
engaged in a purely intrastate operation , not in commerce or affecting com-
merce, and that in consequence , the Board lacks jurisdiction. Counsel for the
Board contends that the three Respondents during that period were engaged in
an integrated operation under a single manager and that taken as a whole their
operations were in commerce.
In 1945, Northwest purchased a bus valued at $11,800, from a company in
Sidney, Ohio , and in 1946 , purchased another, valued at $13,250 , from a com-
pany in Chicago , Illinois . During 1946 , drivers for Northwest occasionally
were required to drive schedules over the line of the Corporation to points
in Iowa south of Des Moines as well as to points in Missouri . During the same
period, busses of each Respondent were on occasion leased to one of the others
and busses of Northwest were maintained , repaired , and housed in Des Moines
by the same mechanics and in the same garage as those of the Corporation.
Finally, all operations were under the active management of A. B . Fletcher
who, as he testified , desired and attempted to establish uniform wages for com-
parable work among drivers of all Respondents . Thus, although it is clear
upon the record that until February 27, 1947, Northwest was not engaged in
the transport of passengers in commerce , it is equally clear that the operations
of Respondents were integrated to the extent that they used joint terminal and
maintenance facilities and, more importantly , used drivers of Northwest as a
pool from which to man upon frequent occasion , the busses of the Corporation.
Under these circumstances a labor dispute arising between Northwest and its
drivers could reasonably be expected to affect the operations of the Corpora-
tion. Thus the undersigned is convinced and finds that the Board , during 1946,
had jurisdiction over the operations of Northwest in order to avert labor dis-
putes burdening and obstructing commerce and that the policies of the Act
will be effectuated by an assertion of- such jurisdiction. Des Moines , Spring-
field and Southern Route is no more than a trade name used by Respondents
for advertising purposes . It is not a legal entity and is not considered by the
undersigned to be a Respondent in this cause.
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Brotherhood of Railroad Trainmen, unaffiliated, is a labor organization ad-
mitting to membership employees of Respondents.
III. THE UNFAIR LABOR PRACTICES
A. Interference, restraint, and coercion
Each of the Respondents , at the time of the occurrence of the unfair labor
practices, maintained its own roster of drivers each of whom, for the most part,
drove only on the lines of his employer. Harvey's drivers were based at Sedalia,
Missouri , from where they drove to Springfield, Missouri, and return, and to or
from other points on the lines of that Respondent. Such drivers were available
for emergency duty on the lines of the Corporation but the record cites no in-
stance where such duty was required. The Corporation's drivers, too, were based
in Sedalia and were used, so far as the record reveals, in the driving of sched-
ules from that city to Des Moines, Iowa, and return Northwest's drivers were
based, with two exceptions, in Des Moines and were principally engaged in driv-
ing schedules over that Respondent's lines to Sioux City, Iowa, and return.
One driver was based in Coon Rapids, Iowa, from where he drove a schedule
to Des Moines and return. Another, based at Denison, Iowa, drove to Sioux
City, and return. Testimony was adduced that drivers of Northwest stationed
at Des Moines were used on the lines of the Corporation for purposes of relief
as well as to drive "doubles" 2 as the traffic required. Driver Everett Purscell
testified that he was required to drive "doubles" on the average of from one
to two times a month. Driver Joe Purscell, as a relief driver, frequently was
given such assignments . Others among the drivers who testified, asserted that
they were required to make such trips upon occasion. Each Respondent main-
tained its separate pay roll from which the drivers were paid All drivers were
paid upon a weekly basis and were required to work 12 out of each 14 days.
So-called "doubles" did not entitle a driver to additional compensation upon
the theory, apparbntly, that they were being paid for a week's work and that their
employer was free to assign them during that period to any run or sequence of
runs as the requirements of operation might dictate. Thus a driver for North-
west who might be assigned on one day to drive a schedule of the Corporation
from Des Moines to Chillicothe, Missouri, and return would nevertheless receive
his pay check that week from Northwest. Whatever bookkeeping arrangement
that might have existed between the Respondents involved in such a transaction
was not made known to the drivers and clearly was not of interest to them.
Some of the men were assigned to schedules which they drove with some regu-
larity. Others were used for relief purposes and one, Joe Purscell, was frequently
used for work in and around the Des Moines depot. All drivers of Respondents
wherever located were under the active supervision of A. B. Fletcher or his son,
Arnold Fletcher. Those based in Des Moines were, in addition, under the author-
ity of Carl Cunningham whom A. B. Fletcher described as his "handy man" in
Des Moines. Cunningham, in addition to performing numerous services for
A. B. Fletcher in connection with the securing of approval by the Iowa State
Commerce Commission of proposed routes, acted as superintendent of North-
west's drivers, hired drivers for work on that line, and in general reported and
recommended to Fletcher concerning the capacity and performance of the drivers
under his supervision.
2 A second or third section of a scheduled run.
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1227
It should be emphasized that insofar at least as the drivers were concerned,
A. B. Fletcher personified Respondents. He alone among the owners of the
two partnerships and the corporation exercised complete authority and was the
active managing force of the enterprises. His son, Arnold Fletcher, as will
appear , also acted in an executive capacity but his decisions and actions appear
always to have been subject to the approval of his father.
A. B. Fletcher testified frankly that he did not like unions at least with respect
to his operations and considered them to constitute a threat to the profitable
operation of his businesses . He communicated his convictions in this respect to
his employees . Robert S. Garvin, who was hired as a driver in July 1945, testified
that Cunningham, who hired him, inquired on that occasion if Garvin were a
member of a union saying, "We prefer our men to not belong to the unions or
have previous associations with unions." Paul Bliss testified that on the occa-
sion of his hiring in November 1945, A B. Fletcher inquired if he belonged to a
union and , when Bliss answered in the negative, went on to say "that is fine. We
don't want unions here. We want to keep them out and as long as you work
here and do right you will always have a job." Cunningham denied the remarks
so attributed to him ; Fletcher did not comment on this aspect of Bliss' testimony 8
Joe Purscell, whose discharge will be discussed in a following section, testified
that in early 1946, Cunningham engaged him in a conversation in which Cun-
ningham stated that unions were not wanted and that if Purscell would learn and
reveal the names of employees who might start a union, Cunningham would
"make it right" with him.
Sometime near the middle of May 1946, A. B. Fletcher discussed with some of
the drivers of Respondent Northwest the possibility of a wage increase Ac-
cording to Fletcher, whose testimony on this point is credited, the operations of
Northwest were at this time sufficiently profitable to warrant a wage adjust-
ment and that, in addition, he was desirous of equalizing the wages paid by all
Respondents on runs of comparable mileage and hours. Fletcher suggested to
the drivers that either an arrangement be made whereby they would work longer
hours, drive longer routes on a mileage basis, thereby increasing their earnings,
or that each would receive a flat increase of $2 50 in his weekly earnings. Fletcher
also told them that the Coon Rapids and Denison "turn arounds" 4 were not
proving to be profitable and probably would be taken off. The men reached no
agreement . On about June 2, 1946, Everett Purscell and James Callahan visited
the office of the Union in Des Moines and secured application-for-membership
cards which they distributed among a number of drivers including Garvin, Bliss,
Hursman , Keller, and Joe Purscell, all employees of Northwest On the evening
of June 8, a meeting was held in the apartment of Cunningham above the Des
Moines garage used by Northwest and the Corporation. The record indicates
that the meeting was attended by Cunningham, A. B. Fletcher, Everett Purscell,
Joe Purscell, James Callahan, John Hursman, William Keller, and a driver em-
ployed by the Corporation, Maurice Smith The record does not indicate clearly
the duration of the meeting but the inference is clear that it was extended and
that probably not all of those named were in attendance at any one time.
Fletcher again discussed with the drivers the question of increased compensa-
tion and observed that he had heard that the employees were forming a union.
Fletcher went on to say that he did not believe in unions and that the profits
of the "company" were not sufficiently substantial to "stand" a union. Fletcher
pointed out that if the men joined a union certain privileges would be taken from
8 Cunningham's credibility in regard to this and other remarks and conduct attributed to
him is discussed hereinafter.
4 Runs which were scheduled to and from Des Moines each day.
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
them, for example, they would be required to pay for their hotel room away
from Des Moines and no longer would be permitted to borrow money from the
Company between pay days Fletcher further asserted that unionization would
result in a shuffling of driver schedules with the result that the men would
terminate their days' run away from home 5
On the following morning, Everett Purscell and James Callahan approached
Cunningham to discuss the question of unionization further. Cunningham asked
who had the authorization cards and Purscell admitted that they were in his
possession but refused Cunningham's request that he surrender them. Within
a few days, Cunningham suggested to Purscell that he spend his vacation at the
home of Cunningham's parents in Missouri and that if Purscell would "drop out"
of the Union, the vacation would not "cost him a cent." According to Purscell,
Bliss was the first of the drivers to suggest unionization and that on June 9
Cunningham inquired if Bliss and Garvin were not the prime movers in interest-
ing the men in the Union. Purscell replied that they were not more active than
others. On June 12, in Sioux City, Fletcher questioned Purscell with reference
to the responsibility of Bliss and Garvin for the union activity. Again Purscell
stated that they were not more active than others. Later in the day, Fletcher
asked Purscell if he thought anyone should be discharged . In Des Moines, on
June 13 or 14, Cunningham asked Purscell and Callahan, "Which way are you
boys going to go, I want to know, for the union or for me? . . Is my friend-
ship greater than the union?" They replied that they would act as the majority
of employees desired. On the evening of June 13, after Bliss and Garvin had been
terminated, Fletcher remarked to Purscell that no more men would be dis-
charged but told him to warn his brother, Joe, that if he again stopped on the
road, he would be dismissed. A few days later, in Sioux City, Cunningham told
Drivers Everett Purscell, George Barnett, and Walter Crouch that if the Union
"came in" Fletcher could change the destination points on the bus schedules and
that the Union could do nothing about it. Purscell testified that he interpreted
this to mean that the drivers would then be unable to make money on a mileage
basis. On the same occasion, according to Purscell, Cunningham received a
telephone call which, after its completion, he announced had come from Driver
John Hursman in Des Moines, and followed it with the statement , "Your damn
union has fell through," and went on to say, "We also have $25,000, to fight that
union." The significance of the call from Hursman is discussed below.
John Hursman was employed by Northwest August 27, 1945, and left its employ
in March 1947. Except for a single trip on December 23, 1945, to Trenton, Mis-
souri, Hursman drove schedules of Northwest exclusively . Hursman signed a
union authorization card on or about June 3, 1946, and attended the meeting in
Cunningham 's apartment on June 8. On June 13, Hursman arrived in Des Moines
from Sioux City shortly after the discharge of Garvin and Bliss. A. B. Fletcher
met him at the depot and accompanied him on the drive to the garage. According
to the credited testimony of Hursman , upon arrival at the garage the following
conversation took place :
A. He said, "Bob e you have been with this company quite some time
haven't you?" I said, "Yes." He said, "I hear the rest of the boys have
5 These findings are based upon the credited testimony of Everett Purscell , Joe Purscell,
James Callahan , and William Keller Everett Purscell in particular was a convincing
wAtness who impressed the undersigned with his scrupulous regard for the truth . Fletcher
denied that his opposition to the Union was accompanied by threats of coercion . Cunning-
ham denied making the statements attributed to him. Their denials are not credited.
0 Hursman was commonly called by the diminutive of his middle name, Robert.
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1229
signed union cards and are organizing a union." I said, "Yes," I said, "They
have," and he asked me, he says, "Did you sign a union card?" I said, "I
won't answer that."
Q. What did he say, if anything?
A. He said, "Well, Bob, we have done an awful lot for you since you have
come to this company," and on this occasion he referred to a hundred dollars
he loaned me when my wife was in the hospital and I later paid it back.
Q. What else did he say about it?
A. He asked me, "Do you'-He said, "We have done so much for you,"
he says, and he said, "You are a good driver. We would like to keep you in
the company," and he said, "I would like for you to try to stay with me.
He said that "It is up to you. If you want to be with the union, okay, but I
would rather you wouldn't."
Within a few days of this conversation, Cunningham confided to Hursman that
he was "pretty disgusted with the boys."
According to the credited testimony of Hursman the following conversation
then took place :
A. . . . I said, "What? Why?" He said, "About the union." He said,
"Well, Bob, as long as we are talking about this, this is the first time I have
approached you on this union."
Q. What did he say about it?
A. He said that we were-He asked me, he said, "Bob, do you know if all
the boys have joined the union?" I said, "Yes; I think the biggest majority
of the northwest end and mostly-and there is some on the south end."
Q. What did he say to that?
A. He said, "Well, Bob, do you know you boys will have a pretty hard
time when the union does come in." I said, "I didn't know right at the time
when I signed the union cards we would, but as I talk to Mr. Fletcher and
you and a few of the other boys who says it is going to be hard on us, I
don't know what to do." We talked there about the union and there was a
lot I don't remember, but he finally asked me, said, "Bob, would you turn
against the union and help us fight this?"
I said, "Well, Billy, we have been pretty close. You are a heck of a good
friend of mine, and all the boys are, and I would hate to see anybody else
get fired." I told him, I said, "Yes, Billy ; if I can keep any of the rest of
the boys from getting fired I will do that. I will talk to the boys and see
if they will turn against the union and not bring it in at this time."
Q. What was done about that?
A. Well I was-Billy let me off. I don't recollect whether he let me off
that trip or not. I don't think he did. He told me to take 3 or 4 days off
and talk to the boys and try to get them to quit their union activities so we
wouldn't-you know he was pretty much for the boys, too, because he told
me, "We don't want to lose any more of the boys." He said, "They are all
good boys."
Hursman did undertake thereafter to discourage the drivers from continuing
activity on behalf of the Union and in a few days reported by telephone to Cun-
ningham who was then in Sioux City that the drivers had abandoned it. During
one or more of these conversations, Cunningham warned Hursman that if the
men joined a union they would be denied the privilege of sleeping in the dormi-
tory over.the Des Moines garage, would be required to pay their own room rent
when away from their home terminal, and would nO longer be allowed to borrow
money from Cunningham's wife between pay days.
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
William Joseph Keller, an employee of Northwest, was employed principally
on schedules west of Des Moines but made a few runs from Des Moines to Prince-
ton, Missouri, on schedules of the Corporation. Keller, who had signed a union
card in early June, testified that on a date which the undersigned finds to have
been approximately June 14, he, Hursman, and Callahan were told by Cunning-
ham that it was useless for the drivers to join a union and that if they did so,
Fletcher would "make it hard on us," and further that "in the end we would get
fired if we went against him."
Carl Cunningham, frequently referred to in the record as Billy, was first em-
ployed by Fletcher as a driver on a schedule from Springfield to Sedalia, Mis-
souri. After about a year, Cunningham established a bus line in Iowa and another
line in partnership with one Walter Wright. After a short period of operation,
both lines were sold to Northwest and Cunningham again became the employee of
Fletcher, undertaking, in effect, the superintendency of the physical operations
of Northwest including the operation of the garage in Des Moines where busses
of both Northwest and the Corporation were housed and maintained. Cun-
ningham occupied this position through 1946, until March of 1947 During 1946,
and until March of the following year, his wife, Agnes, operated the Des Moines
ticket office as a concessionaire paying the expense of the office operation and
retaining 10 percent of the gross sales as commission. Although Fletcher
referred to Cunningham in his testimony, somewhat deprecatingly, as a "handy
man," it is clear on the record that he exercised substantial control of the drivers
of Northwest with authority to hire, and that Fletcher looked to him to report
on the ability and conduct of the drivers.
For the most part, Cunningham denied the remarks and actions attributed to
him by witnesses for the Board as detailed above or offered explanations which,
if believed, would lead to a conclusion that he said or did nothing violative of
the driver's rights under Section 7 of the Act. He admitted, for example, that
be suggested that Everett Purscell might spend a vacation without expense at
the home of Cunningham's father but explained that the offer was made merely
because he knew that Purscell liked to fish and that Purscell's union activity had
no connection with it. He denied that he asked Hursman to fight the Union ;
that he granted him time off for that purpose; that he inquired of anyone if
Bliss and Garvin were "ringleaders" in the Union ; that he mentioned the Union
when Garvin was hired ; that he offered to "make it right" with Joe Purscell in
exchange for information relating to union organization ; that he ever spoke to
Callahan concerning the Union ; that he ever expressed the conviction to any of
the drviers that the Union was "through" or that Northwest had $25,000, to fight
the Union ; that he told any of the drivers that unionization would result in
changing the destinations on the schedules to their detriment; that he ever
suggested that the drivers would lose "privileges" if they joined the Union ; and
asserted that far from requesting the union cards from Everett Purscell, they
were in fact offered to him on that occasion and that on instruction from Fletcher
he told Purscell that he did not want them. Cunningham impressed the under-
signed as one who ordinarily would not willingly falsify his testimony but from
his uneasiness on the stand and other observations of his demeanor under ques-
tioning, I am satisfied and find that he did so with consistency in this hearing
presumably because of his loyalty to his employer, Fletcher. Cunningham testi-
fied that he had been out of employment since March 1947, and that he was un-
employed at the time of the hearing. However, on cross-examination, he con-
ceded that he was contemplating reentering the bus business with Fletcher and
in view of a communication to him from Fletcher in April 1947, to which later
DES MOINES , SPRINGFIELD AND SOUTHERN ROUTE 1231
'reference will be made, the undersigned is by no means convinced that he has
ever been severed from Fletcher 's employ.
A. B. Fletcher testified with candor that at the meeting in Cunningham's
apartment on June 8, he did express to the drivers his opposition to the
Union ; told them that he did not want a union among them ; and that he had
'heard they were forming a union. He related to the drivers on this occasion the
unhappy experience of drivers on another bus line who after a period of repre-
sentation discovered that they would have earned substantially more had they
teen without the Union 's aid. He observed to them that a union would end direct
dealing with him. In the opinion of the undersigned , these expressions were not
violative of the Act . Fletcher denied that he threatened to cease the practice
of paying for hotel rooms for the drivers in the event they organized and ex-
plained that such payment was a universal practice in the industry. He further
denied that he threatened to deprive them of any privileges that they then
enjoyed or that he mentioned the borrowing of money. As to the last item,
Fletcher explained that the men had been borrowing money from the funds of
Agnes Cunningham , not from him . He corroborated Cunningham concerning
the union cards, asserting that Everett Purseell offered to surrender them but
that he refused the offer. Far from suggesting that Bliss and Garvin were
leaders of the Union , Fletcher testified , he did not mention them in that context
and indeed had no reason to do so as he regarded Everett Purscell as the one
in that position and did not know that the other two were active in the Union.
Fletcher asserted that on June 11 in Sioux City, he talked to Everett Purscell
about the necessity for discontinuing the Coon Rapids and Denison "turn-
arounds," that he then stated this change would necessitate the discharge of two
or three men but denied that either Bliss or Garvin were mentioned in that
connection.
Sometime in April 1947, Fletcher wrote and caused to be delivered to Cunning-
lham the following note:
Billy : Can 't get Franken's apt. for you but Jack said he would let you
have a room. I am counting on you stopping that union business up there
as I feel that you could have done something about it when you went back
if you had tried .. .
At the time of the delivery of the note, the Union was no longer active but
the drivers had evidenced interest in another labor organization . Undoubtedly,
the note referred to the latter . , Both Cunningham and Fletcher testified that
the note was written in order that Cunningham might exhibit it to the employees
as evidence that he had not been discharged by Fletcher the previous month.
The undersigned finds this utterly incredible and finds further that the note
was written for the express purpose of directing Cunningham to stop the union-
ization of the employees as its content clearly and unmistakably reveals. The
undersigned also rejects Fletcher 's testimony in denial of the acts and statements
of a coercive nature heretofore related in the testimony of the drivers. Of
course this means that in essence , the undersigned has credited the witnesses
for the Board in almost all conflicts and in this situation perhaps some explana-
tion is appropriate . In the first place , those who testified in support of the com-
plaint were almost without exception clear and forthright in their statements
and were unshaken upon cross -examination . Everett Purscell , in particular,
was a convincing witness. Although often slow to answer , the undersigned is
convinced that his testimony was given with scrupulous regard for the truth.
Hursman, too , on material matters was clear and forthright, although his testi-
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mony left the impression that his explanation of his readiness to act as an
agent for Cunningham in opposing the Union and his report to Cunningham of
a remark made by Callahan, of which more later, was devised to place his actions
in the kindest light. On the other hand, comment has already been made as to
Cunningham. Fletcher by his disavowal of the purpose of the note to Cun-
ningham showed a determination to admit nothing which would tend to indicate
a violation of the Act. The undersigned is convinced, and finds, that Fletcher's
apparent candor in admitting the expression of his opposition to the Union at
meetings with drivers quickly vanished when he was questioned about specific
instances of coercive statements heretofore set forth. In fine, the case presented
through witnesses for the Board was convincing in context and was supported
by circumstantial detail. It is believed.
By threatening discharge and other reprisals to those who joined the Union,
by threatening to deprive the drivers of privileges previously enjoyed in the
event they organized, by offering inducements to Everett Purscell to abandon
the Union, by giving free time to Hursman in order that he might dissuade the
drivers from adhering to the Union, by interrogating employees concerning their
union membership, and by the totality of these acts, the rights secured to the
employees under Section 7 of the Act were violated. Except for the occasion
on June 8, when the meeting occurred in Cunningham's apartment and when
Maurice Smith was present, it does not appear that either Cunningham or Fletcher
spoke to regular employees of the Corporation or of Harvey. It is of course
possible and perhaps even probable that Smith relayed the remarks of Cunning-
ham and Fletcher to other drivers of the Corporation and even of Harvey.
Even without drawing such an inference, the Corporation through its president,
Fletcher, violated the Act with respect to Smith. Under all the circumstances, the
undersigned is not convinced that Harvey was guilty of any unfair labor prac-
tices with respect to its employees. It is found therefore that by the actions de-
tailed above, Respondents Northwest and Corporation interfered with, restrained,
and coerced their employees in the exercise of their rights under Section 7 of the
Act and that they-thereby violated Section 8 (1) of the Act.
B The discharges
Paul Bliss in December 1940, was discharged by the then owner of the Corpora-
tion after some service as a bus driver for breaking a spring and for using too
much oil. After nearly 5 years of service in the Army, Bliss applied to Fletcher
for employment in late 1945. On November 24 of that year he was employed by
Fletcher as a driver for Northwest. According to Bliss, he revealed to Fletcher
that he had been discharged in 1940, and the reasons therefor, and was not given
and did not expect reinstatement as a returning veteran. As has been found,
Fletcher expressed approval when he learned upon inquiry, that Bliss was not a
member of a labor organization. In January or February 1946, a bus which
Bliss was driving to Sioux City developed motor trouble which occasioned
delay for repair. On the return trip to Des Moines, the motor again failed and
examination developed that it was completely ruined. According to Fletcher
and to Howard Maxwell, night shop foreman in the Des Moines garage, the
motor, valued at $700, was scrapped although it had been driven for only a third
of the miles it ordinarily would have run. Both charged Bliss with responsibility
in that he should have stopped the bus before the motor was so seriously damaged.
Bliss signed a Union application on June 3 and distributed three'or four cards to
other drivers. He did not attend the meeting of June 8 but on June 12, in Des
Moines, Cunningham asked him his opinion of a mileage. system which Fletcher
planned to introduce, explaining that the drivers would earn more money but that
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1233
their lay-over time would be taken away from Des Moines so that "You will never
be at home." Bliss expressed his disapproval of the plan saying, "Well, I wouldn't
care to drive under those conditions. . . . If Mr. Fletcher isn't careful he is
not going to have a wheel turning over." Later in the same day in Sioux City,
Bliss discussed a schedule change with Fletcher asserting that his scheduled time
from Sioux City to Templeton Junction was too fast and that he could not make
it. According to Bliss, Fletcher agreed that the schedule would be slowed effec-
tive June 20.
On June 13, Bliss drove a schedule from Sioux City destined for Des Moines.
At a point near Coon Rapids, Iowa, the road was under repair and, according to
Bliss, recent progress in this work had created a new traffic hazard. Therefore,
Bliss testified, when he met a westbound schedule of Northwest near Des Moines,
he stopped the approaching bus to advise the driver of the road condition. It
developed that the driver of the westbound bus was Joe Purscell and that Robert
Garvin was riding as a passenger. Garvin told Bliss that he, Garvin, had been
discharged a few hours before for "organizing labor." Bliss suggested that they
turn in their Union cards immediately.' Bliss then gave Purscell the road in-
formation and drove on. The entire incident occasioned a stopping, according to
Bliss, of no more than 3 minutes. Upon arrival in Des Moines, a short time
later, he was accosted by Fletcher who said, "We are dissatisfied with your driv-
ing around here. I am letting you go and giving you your last and final check."
Bliss asked for a reason and was told, "You stopped a bus out here on the high-
way and held up a schedule." Nothing further bearing on the discharge was
said.
Robert S. Garvin s was employed by Cunningham in July 1945, and until his
discharge on June 13, 1946, worked as a driver for Northwest. Reference has
already been made to his employment interview when Cunningham inquired if he
were a member of a labor organization. During the 11 months. of his employ-
ment, Garvin with the exception of one trip over the lines of the Corporation
to Humeston, Iowa, drove regularly for Northwest between Des Moines and
Sioux City. A few weeks before his discharge Cunningham complimented him
on his record, expressed the wish that more drivers were like him, and remarked
that Garvin was one of the few drivers who would be entitled to an extra week
of vacation since he had been involved in no accidents. A month or two before
June 13, a letter was posted on the bulletin board in Des Moines over the sig-
nature of some one in the main office, then in Sedalia, to the effect that Garvin's
reports were the best of those filed by the drivers.
Garvin signed a Union application about June 1 and secured the signatures of
four other drivers. He testified that on June 12, he met Fletcher in Sioux City
and that the following conversation occurred :
Q. And how did you happen to talk to him?
A. Well, he walked in the Burlington bus depot and patted me on the back
and says, "How are you doing, Tiny?"
Q. What did you say?
A. I said, "Not so good."
Q. And what did he say?
A. He said, "What is the matter?"
Q. What did you say?
A. I said, "If things don't come to normal, I am going to get out of here."
a Whether he meant to thus enlist the support of the Union or to cease Union activity
is unclear
8 More generally known as "Tiny."
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Q. What did he say?
A. He says, "What do you mean by things coming to normal?" and I says,
"If things don't come to normal, either the union comes in or one way or the
other," and he says, "Which way are you for?" and I says, "If the boys want
a union I am a hundred percent behind them."
Q. What did he say?
A. He just said, "Okay," and walked away.
Q. Can you recall any other thing he mentioned at that meeting in that
conversation?
A. Later on that evening we met Mr. Fletcher again.
Q. You say "we" met Mr. Fletcher.
A. Paul Bliss and I. Paul was in at that time.
Q. And what was said on that occasion?
A. We sat and had a very lengthy conversation that evening. He was
telling us about his brother, the union in his line and where it cost his
brother's men so much money because they couldn't-the union couldn't get a
raise during the war, how much money the men lost by joining the union,
bow much more they would have made if they had stayed out.
On June 13, Garvin arrived in Des Moines having driven a schedule from
Sioux City. In the words of Garvin, the following occurred :
I came in and he [Fletcher] came out and says, "How was the bus running?"
and I said, "All right." I was checking the oil at that time He says, "Tiny,
come here a minute," and I went over there, and he says, "Being as you
are dissatisfied with us we are dissatisfied with you, and I am going to
write out your check." I went in and says, "What am I being fired for Mr.
Fletcher?" He said , "You took a cash fare from Smithland to Holly Springs."
According to Garvin, Fletcher was consulting a book which indicated presumably
that Garvin had failed to turn in a cash fare in the amount of 15 cents 5 or 6
months previously. Garvin then asked for a pass over Northwest's line to Tem-
pleton Junction, Iowa, in order that he might secure a watch which he had left
there. The request was granted and Garvin left Des Moines with Driver Joe
Purscell at 5: 50 that evening. A few miles from Des Moines, they met Bliss
returning from Sioux City and stopped on Bliss' signal. Garvin reported his
discharge to Bliss and heard Bliss describe to Purscell the condition of the road
near Coon Rapids. According to Garvin, the busses were stopped no more than 4
minutes.
Fletcher testified that he determined about the middle of May that the Coon
Rapids and Denison turn-arounds could not be made profitable and that they must
be discontinued. This would, of course, lessen the need of Northwest for drivers.
On June 12, according to Fletcher, he decided to lay off two drivers and con-
sidered that evening which two he should select. On June 13, he decided that
Garvin and Bliss were the logical choice and acted in accordance with his decision
that day. In arriving in his decision concerning Garvin, Fletcher considered, he
testified, that Garvin was augmenting his income by selling belt buckles, badges,
pins, and related articles to other drivers and station agents. This activity,
according to Fletcher, resulted in station delays along Garvin's route which, in
turn, caused Garvin to drive too fast between stations in order to maintain his
schedule. These faults were allegedly reported to him by Cunningham. In addi-
tion, Fletcher testified, Garvin had been cautioned about fast driving despite which
a complaint was lodged with Fletcher on June 12 that Garvin had been driving
too fast in a suburb of Sioux City, nearly striking a child
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1235
In the case of Bliss, Fletcher testified that he considered that Bliss had never
disclosed his discharge by the predecessor to the Corporation, a disingenuousness,
incidentally, which Bliss denied, that Bliss had ruined a motor in January or
February, that a representative of a connecting carrier had reported to Cunning-
ham that Bliss was an incompetent driver, unable to drive so as to make a connect-
ing schedule, that from his own observation Bliss was a woefully inexpert driver
from the beginning, and that, in May 1946, he rode a schedule with Bliss during
which some motor trouble developed. According to lletcher, due to Bliss' lack
of good judgment, a justifiable delay of 15 minutes was stretched to 31/2 hours.
Despite the deficiencies of Bliss and Garvin, Fletcher asserted that he would not
have discharged them but for the discontinuance of the "turn-arounds."
Cunningham testified that he was satisfied with Garvin as a driver but that he
had criticized him for delay on the road occasioned by his sales efforts. He was
unable to specify any instance when he had conveyed such criticism and conceded
that he had not done so "many times." He testified further that he had received
complaints from passengers that Garvin was driving too fast and delaying in
stations and that he relayed such reports to Fletcher Under Fletcher's instruc-
tion, Cunningham followed the bus which Garvin rode as a passenger from Des
Moines on June 13 and saw that bus stop near the bus driven by Bliss. According
to Cunningham, the busses were stopped for 12 minutes. He returned to Des
Moines immediately and reported this incident to Fletcher. Fletcher testified :
I told Joe [Purscell] that Tiny was riding a pass as far as Templeton
Junction and specified no farther. I told him he was going out to pick up
some of this jewelry he has been peddling and "I don't want you killing time
in stations for Tiny Garvin to make a sale of his jewelry, and, further, when
you meet Bliss, Tiny will want you to stop and visit, and I don't want you
stopping under any circumstances."
On June 27, Northwest filed a revised schedule with the Iowa State Commerce
Commission eliminating the "turn-arounds" which were discontinued 10 days
later. Fletcher testified that the discharges of Bliss and Garvin were in anticipa-
tion of this curtailment and that he had enough drivers in his employ on June 13
without them to man the scheduled runs. On June 16 another driver was dis-
charged and on June 20 still another left on leave-of-absence. Both were imme-
diately replaced
The testimony of Board witnesses hereinbefore related and credited indicates
clearly that both Fletcher and Cunningham regarded Bliss and Garvin as the
leaders in spirit of the drivers who were interested in the Union. In the opinion
of the undersigned, Fletcher's direction to Joe Purscell that he not stop his
bus on June 13 so that Garvin might talk to Bliss is a further indication that
Fletcher regarded the two of them as Union leaders. In the light of the strong
anti-Union animus expressed by Fletcher, the fact that the turn-arounds were
not discontinued for more than 3 weeks subsequent to June 13, that he stated to
neither Bliss or Garvin the reason advanced at the hearing for the discharges,
that Garvin had recently been complimented by Cunningham for his performance
as a driver, and finally the exaggerated character of Fletcher's testimony con-
cerning Bliss' incapabilities (which if believed would cause one to wonder why
he was not discharged during the first week of his employment), the undersigned
concludes that Fletcher discharged both Bliss and Garvin in the belief that they
were the leaders in the Union movement and sought thereby to discourage
membership in the Union. It is found therefore that by the discharge of Garvin
and Bliss on June 13, Northwest violated Section 8 (1) and (3) of the Act.
James Callahan was first employed by Fletcher as a driver in July 1944. After
driving for about 8 months between Des Moines and Chillicothe, Missouri, he
1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was transferred to a run between Des Moines and Denison, Iowa. In July
1945, for a reason not appearing in the record, he was discharged. On December
28, 1945, Cunningham rehired him and from that date until his discharge on
June 16, 1946, he worked as a relief driver on the pay roll of Northwest although
much of his driving was over the lines of the Corporation.
Callahan lived in Des Moines in a room over the garage, where a dormitory
had been established for drivers away from their home terminals, adjacent
to Fletcher's room and Cunningham's apartment, Callahan with Everett Purscell
received a supply of Union application cards about June 2 and distributed them
to other drivers immediately thereafter. As has been stated, Cunningham offered
on June 9 to "do right" by Callahan and Everett Purscell if they would "pull
away" from the Union. On or about June 15, in a conversation with Hursman,
Callahan made an uncomplimentary reference to Cunningham likening him to
chicken excreta. Hursman reported the conversation to Cunningham. Near
midnight at the close of June 16, Cunningham accosted Callahan in the garage
and accused him of making the remark which Hursman had reported s Callahan
at first denied and then when Cunningham struck him admitted-that he had done
so. Cunningham then ordered Callahan to get his clothes and to "get the hell
out." Callahan did so. At about noon on the following day Callahan appeared
at the garage where he met Fletcher who said, "I hear you had a little trouble
with Cunningham last night " Callahan admitted that this was so and added
that he had been discharged. Fletcher replied, "No; he didn't fire you. You
quit."
The undersigned is of the opinion that the acts and words of Cunningham on
the night of June 16 constituted a clear discharge of Callahan. Although it may
be argued, as counsel for Northwest did, that Callahan was merely evicted from
his lodging and that he quit when he failed to appear to take his run the follow-
ing morning, such a refinement is, to say the least, unrealistic. Cunningham had
hired Callahan and when he ordered that Callahan take his belongings "and leave
at midnight that he intended thereby to discharge Callahan is indeed a reasonable
inference. It is clear, however, that Cunningham acted in the heat of anger
and the undersigned does not believe that Callahan's union activity in any way
motivated Cunningham's action. It may also be argued that but for Fletcher's
anti-Union animus, the affair would have been smoothed over in the morning and
Callahan restored to duty but such a conclusion can be reached only through a
route of speculation. The undersigned finds that by discharging Callahan on
June 16 the Respondents did not violate Section 8 (1) and (3) of the Act.
Joe Purscell was first employed either by Harvey or the Corporation in Sedalia,
Missouri, in June 1943. After about 6 months as a driver, he was discharged and
rehired within a week for work as a ticket agent in Des Moines. In March of
1944, Purscell was again assigned to driving on a schedule between Des Moines
and Chillicothe, Missouri. Thereafter, he worked on the schedules between Des
Moines and Sioux City and at the time of his discharge on July 17 was relief
driver for those on the Sioux City run as well as for the Chillicothe, Missouri,
schedule. In this capacity, he reported to the garage each day in order that he
be available for relief but did not always get a run . Like the other drivers, he
worked on a salary. Purscell made his private car available for use by Cunning-
ham in the furtherance of Northwest's business and on one occasion carried
passengers in it for the Corporation. Cunningham admitted that Purscell was
better informed than the other drivers in matters relating to the sale and routing
of tickets and that he used him on occasion to instruct station agents in that
Cunningham also testified that Callahan was reported to have threatened violence to
Cunningham 's wife . This did not, apparently, occasion his discharge.
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1237
respect. In early June, Purscell asked Fletcher to reassign him to a run he
previously had held between Des Moines and Sioux City. According to Purscell's
undenied and credited testimony Fletcher replied, "You have got a car, you know
the runs, you know what to do, you know the stations. I would a lot rather
have you here in Des Moines."
In the fall of 1945, Purscell became involved in an argument with the Mayor
of Ute, Iowa, concerning an incident on the highway and struck him. The Mayor,
an elderly man, complained to Northwest. In the meantime, Purscell reported
the incident to Cunningham who apparently thought that Purscell was under
sufficient provocation and imposed no discipline. Purscell signed a union card
in early June 1946, but appears to have taken no active part in the organizational
activity at that time. In early July, according to his undenied and credited
testimony, he talked to Floyd Byerly, a new driver, in an attempt to interest
Byerly in the Union. During this conversation he exhibited to Byerly a with-
drawal card which Purscell held in another labor organization. Within a few
days, Purscell testified credibly, Arnold Fletcher, son of A. B. Fletcher and a
partner in Northwest and Harvey, criticised Purscell, in the presence of Everett
Purscell and Cunningham, referring to a near accident several months before,
to Purscell's alleged failure to turn in road logs regularly, and to his showing
a union card to Byerly. Fletcher went on to say that he wanted Purscell to
quit "agitating to his drivers." That evening Purscell, in a conversation with
another driver, observed that those who had signed union cards and then "pulled
away" were nothing but "scabs."
On the evening of July 16, Purseell met Driver Bernard Burrhus in the garage.
Burrhus, who had once signed a union application, accused Purscell of referrine
to him as a "scab." After a short colloquy, Burrhus struck Purscell cutting his
face so severely that stitches were required. Burrhus was immediately arrested
and charged with assault and battery. On July 24, he was found guilty in Des
Moines Municipal Court and fined $50 and costs. He was represented by
Stephen Robinson, one of Respondents' counsel in this proceeding, who advanced
him funds to pay the fine. Burrhus was not disciplined by Respondents.
On July 17, Purscell reported for work and was instructed to see Arnold
Fletcher. In the words of Purscell,
The first thing that was said, he said, "Joe, I want to know the straight
of what happened at the garage." I told him as near as I knowed what
happened. He said, "Well," he said, "I am just going to let you go and
go for good from this company." He said, "There isn't going to be no men
here call my men scabs and get by with it," and he says also, he said, "You
had an argument with the Mayor of Ute," and he said, "I have got enough
on you to let you go for them two." I said, "Okay, if that is the way you
feel about it."
Arnold Fletcher testified that under instruction from his father he had come
to Des Moines in February 1946, for the purpose of discharging Purscell because
of reports that Purscell was driving recklessly but that he was dissuaded from
this action when he learned that Purscell's wife was ill. In late June or early
July, according to Fletcher, he learned of the incident concerning the Mayor
of Ute and that Purscell was referring to some of the newer drivers as "scabs.'.'
On or about July 6, he remonstrated with Purscell telling him also that he had
reports that Purscell was representing himself to be a part owner of North-
west. He told Purscell, finally, that his conduct was causing a "constant turmoil
among the drivers making for poor working conditions" and instructed him "not
798767-49-vol. 78-79
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to agitate any of our employees" on penalty of dismissal . On July 17 Fletcher
learned of the altercation between Purscell and Burrhus and interviewed the
principals and another witness. Fletcher, allegedly, concluded that Purscell
had been the aggressor and that he had disregarded the warning previously given
him. For these reasons, he effectuated Purscell's discharge.
Bernard Burrhus testified that he waited for Purscell to appear at the garage
on the night of July 16 in order to question him concerning the statement that
the newer drivers were "scabs." According to Burrhus, Purscell admitted making
such a statement, that Burrhus placed his band on Purseell's belt, that Purscell
then struck him, and that he retaliated.
Testimony that Purscell represented himself to at least one passenger as a
part owner of Northwest and that he made derogatory remarks about Burrhus
to the same passenger is believed. There is other evidence which gives rise
to an inference, which is drawn, that Purscell was somewhat-officious in his rela-
tion to the other drivers and that this attitude was resented by them. It is
undoubtedly true that when a schism develops beween groups of employees with
regard to the desirability of forming a union tempers are ruffled and feeling
runs high. In such a situation one side or the other, or both, may indulge in
name calling and other provocative actions. In the opinion of the undersigned
this is no concern of the employer unless it appears that the peaceful routine
of his operation is threatened. I believe that Arnold Fletcher was justified
under the circumstances here shown in warning Purscell to refrain from calling
other drivers "scabs" as the probable result of the continuance of such conduct
would be such an altercation as did thereafter occur with Burrhus. Further-
more, the feeling of enmity which such name calling would, naturally engender
would in itself constitute a threat to the efficient operation of Northwest. Al-
though it is hereby found that Burrhus did strike the first blow in his encounter
with Purscell, Fletcher had a right and perhaps a moral duty to consider the
provocation and to act accordingly. The undersigned finds that Purscell's de-
nomination of Burrhus and other drivers as "scabs" was not such activity in sup-
port of the Union as the Act was designed to protect and despite the fact that both
Fletchers were opposed to the unionization of their employees, that the discharge
of Purscell was not in violation of Section 8 (3) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of Respondents Northwest and Corporation set forth in Section
III, above, occurring in connection with their operations described in Section
I, above, have a close, intimate, and substantial relation to trade, traffic, and
commerce among the several States, and such of them as have been found to
constitute unfair labor practices tend to lead to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE REMEDY
Since it has been found that Respondents Corporation''and,Northwest engaged
in unfair labor practices in that they interfered with, coerced, and restrained
their employees in the exercise of their rights under Section 7 of the Act, it
will be recommended that they cease and desist from such conduct and take
certain affirmative action designed to effectuate the policies of the Act. Since
it has been found that Northwest discriminated in regard to the hire and tenure
of employment of Paul Bliss and Robert Garvin, it will be recommended that
Northwest offer to each of them immediate and full reinstatement to their
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1239
former or substantially equivalent positions ," without prejudice to their seniority
and other rights and privileges, and make them whole for any loss of pay they
may have suffered by reason of the discrimination against them by payment to
each of them of a sum of money equal to the amount he would have earned as
wages from June 13, 1946, to the date of the offer of reinstatement , less his net
earnings" during that period.
Since both the Corporation and Northwest through the words and actions
of A. B . Fletcher have threatened the economic security of employees who
indulged in union activity or membership and since the case of Northwest
two individuals were actually discharged for that reason, the undersigned is,
of the opinion that these Respondents have manifested a fixed intent to defeat
self-organization and to deprive their employees of their rights under the Act.
Such disregard for the fundamental rights of employees convinces the under-
signed of the existence of a danger that such violations may be repeated in the
future. It is therefore recommended , in order to effectuate the policies of the
Act and to deter these Respondents from future violations thereof , and in order
to make effective the interdependent guarantees of Section 7 of the Act, thereby
preventing a recurrence of unfair labor practices and minimizing industrial
strife, that the two named Respondents be ordered to cease and desist from
infringing in any manner upon the rights guaranteed in Section 7 of the Act.
The undersigned has found Respondent Harvey to have engaged in no unfair
labor practice and recommends that as to Harvey the complaint be dismissed in
its entirety.
The undersigned has found Respondent Corporation not to have violated
Section 8 (3) of the Act and recommends that as to the Corporation the allega-
tions of the complaint regarding violations of Section 8 (3) of the Act be
dismissed.
The undersigned has found Respondent Northwest not to have violated Section
8 (3) of the Act in the discharge of James Callahan and Joe Purscell and accord-
ingly recommends that the allegation in the complaint in that particular be
dismissed.
Upon the basis of the above findings of fact, and upon the entire record in the
case, the undersigned makes the following:
CONCLUSIONS OF LAW
1 Brotherhood of Railroad Trainmen , unaffiliated , is a labor organization
within the meaning.of Section 2 (5) of the Act.
2. By interfering with, restraining, and coercing their employees in the exercise
of the rights guaranteed in Section 7 of the Act, Respondents Northwest and
Corporation have engaged in and are engaging in unfair labor practices within
the meaning of Section 8 (1) of the Act.
3. By discharging and discriminating in regard to the hire and tenure of em-
ployment of Paul Bliss and Robert S . Garvin, thereby discouraging membership
in Brotherhood of Railroad Trainmen , Respondent Northwest has engaged in
and is engaging in unfair labor practices within the meaning of Section 8 (3) of
the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
10 In accordance with the Board 's consistent interpretation of the term , the expression
"former or substantially equivalent position" is intended to mean "former position
wherever possible , but if such position is no longer in existence , then to a substantially
equivalent position " See Matter of The Chase National Bank of the City of New York,
an Juan , Puerto Rico Branch, 65 N L. R. B 827.
11 Matter of Crossett Lumber Co ., 8 N. L. R. B. 440, 497-498.
1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
5. The allegations of the complaint that Respondent Harvey violated Section
8 (1) and (3) of the Act; that Respondent Corporatiop violated Section 8 (3)
of the Act ; and that Respondent Northwest discriminatorily discharged James
Callahan and qoe Purscell are not supported by the evidence.
RECOMMENDATIONS
On the basis of the above findings of fact and conclusions of law, and upon the
entire record in the case, the undersigned recommends: A. That Sedalia-Marshall-
Boonville Stage Lines, Inc., Des Moines, Iowa, its officers, agents, successors and
assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining, or coercing its employees in
the exercise of their right to self-organization, to form, join or assist Brotherhood
of Railroad Trainmen, or any other labor organization, to bargain collectively
through representatives of their own choosing and to engage in concerted activi-
ties for the purpose of collective bargaining or other mutual aid or protection as
guaranteed in Section 7 of the Act ;
2. Take the following affirmative action which the undersigned finds will
effectuate the policies of the Act :
(a) Post at its terminals at Des Moines, Iowa, and Sedalia, Missouri, copies of
the notice attached hereto marked "Appendix A." Copies of said notice, to be
furnished by the Regional Director for the Seventeenth Region, shall, after being
signed by the Respondent's representative, be posted by the Respondent and
maintained by it for sixty (60) consecutive days thereafter, in conspicuous places,
including all places where notices to its drivers are customarily posted. Reason-
able steps shall be taken by the Respondent to insure-that said notices are not
altered, defaced or covered by other material;
(b) Notify the Regional Director for the Seventeenth .Region in writing,
within ten (10) days from the date of receipt of this Intermediate Report, what
steps the Respondent has taken to comply therewith.
It is further recommended that unless on or before ten (10) days from the
receipt of this Intermediate Report, the Respondent notifies the said Regional
Director in writing that it will comply with the foregoing recommendations, the
National Labor Relations Board issue an order reglAring the Respondent to take
the aforesaid action ; and B. That A. B. Fletcher, Arnold Fletcher, and A. C.
Murphy, doing business as Des Moines and Northwest Iowa Bus Lines, a partner-
ship, their agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in Brotherhood of Railroad Trainmen, or any
other labor organization of their employees, by discharging or refusing to rein-
state any of their employees or by discriminating in any other manner in regard
to their hire and tenure of employment, or any term or condition of employment ;
(b) In any other manner Interfering with, restraining, pr coercing their em-
ployees in the exercise of their right to self-organization, to form, join, or assist
Brotherhood of Railroad Trainmen, or any other labor organization, to bargain
collectively through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining or other mutual aid or
protection as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the undersigned finds will
effectuate the policies of the Act :
(a) Offer to Paul Bliss and Robert S. Garvin, immediate and full reinstatement
to their former or substantially equivalent positions without prejudice to their
seniority or other rights and privileges ;
DES MOINES, SPRINGFIELD AND SOUTHERN ROUTE 1241
(b) Make whole Paul Bliss and Robert S. Garvin for any loss of pay each
may have suffered by reason of the discrimination against them by payment to
each of them of a sum of money equal to the amount which he normally would
have earned as wages from June 13, 1946, to the date of the offer of reinstate-
ment, less his net earnings '2 during such period ;
(c) Post at its terminal in Des Moines, Iowa, copies of the notice attached
hereto marked "Appendix B." Copies of said notice, to be furnished by the Re-
gional Director for the Seventeenth Region, shall, after being duly signed by
Respondent's representative, be posted by Respondent and maintained by it for a
period of sixty (60) consecutive days thereafter, in conspicuous places, including
all places where notices to employees customarily are posted. Reasonable steps
shall be taken by Respondent to insure that said notices are not altered, defaced,
or covered by other material;
(d) Notify the Regional Director for the Seventeenth Region in writing, within
ten (10) days from the date of receipt of this Intermediate Report, what steps
Respondent has taken to comply therewith.
It is further recommended that unless on or before ten (10) days fiom the
receipt of this Intermediate Report, Respondent notifies the said Regional Direc-
tor in writing that it will comply with the foregoing recommendations, the
National Labor Relations Board issue an order requiring Respondent to take the
aforesaid action.
It is further recommended that the allegations of the complaint that A. B.
Fletcher, Robert Fletcher, Arnold Fletcher, and Regina Franken, doing business
as The Fred Harvey Bus Line, violated the Act; that Sedalia-Marshall-Boonville
Stage Lines, Inc., violated Section 8 (3) of the Act; and that A. B. Fletcher,
Arnold Fletcher, and A. C. Murphy, doing business as Des Moines and Northwest
Iowa Bus Lines, discriminatorily discharged James Callahan and Joe Purscell,
be dismissed. It is finally recommended that since Des Moines, Springfield and
Southern Route is not a legal entity, no order be entered against it as such.
As provided in Section 203.39 of the Rules and Regulations of the National
Labor Relations Board, Series 4, effective September 11, 1946, any party or
counsel for the Board may, within fifteen (15) days from the date of service of
the order transferring the case to the Board, pursuant to Section 203.38 of said
Rules and Regulations, file with the Board, Rochambeau Building, Washington
25, D. C., an original and four copies of a statement in writing setting forth such
exceptions to the Intermediate Report or to any other part of the record or pro-
ceeding (including rulings upon all motions or objections) as he relies upon,
together with the original and four copies of a brief in support thereof ; and any
party or counsel for the Board may, within the same period, file an original and
.four copies of a brief in support of the Intermediate Report. Immediately upon
the filing of such a statement of exceptions and/or briefs, the party or counsel for
the Board filing the same shall serve a copy thereof upon each of the other
parties and shall file a copy with the Regional Director. Proof of service on the
other parties of all papers filed with the Board shall be promptly made as
required by Section 203 65. As further provided in said Section 203.39, should
any party desire permission to argue orally before the Board, request therefor
must be made in writing to the Board within ten (10) days from the date of
service of the order transferring the case to the Board.
WALLACE E. ROYSTEn,
Trial Examiner.
Dated August 4, 1947.
12 See footnote 11, supra.
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL Nor in any manner interfere with, restrain, or coerce our em-
ployees in the exercise of their right to self-organization, to form labor organi-
zations, to join or assist BROTHERHOOD OF RAILROAD TRAINMEN or any other
labor organization, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection.
SEDALIA-MARSHALL-BOONVILLE STAGF LINES. INC.,
Employer.
By ----------------------------------------------------
(Representative) (Title)
Dated--------------------
This notice must- remain posted for 60 days from the date hereof, and must
not be altered, defaced, or covered by any other material.
APPENDIX B
NOTICE TO ALL EMPLOYEES
Pursuant to the recommendations of a Trial Examiner of the National Labor
Relations Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL NOT discharge any employee because of his membership in or
activity on behalf of BROTHERHOOD OF RAILROAD TRAINMEN, or any other labor
organization.
WE WILL NOT in any other manner interfere with, restrain, or coerce
our employees in the exercise of their right to self-organization, to form
labor organizations, to join or assist the above-named union or any other
labor organization, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection.
WE WILL OFFER to Paul Bliss and Robert S. Garvin immediate and full re-
instatement to their former or substantially equivalent positions without
prejudice to any seniority or other rights and privileges previously enjoyed,
and make them whole for any loss of pay suffered as a result of the dis-
crimination.
All our employees are free to become or remain members of the above-named
union or any other labor organization. We will not discriminate in regard to hire
or tenure of employment or any term or condition of employment against any
employee because of membership in or activity on behalf of any such labor
organization.
DES MOINES AND NORTHWEST IOWA Bus LINES,
Employer.
By -------------------------------------------------
(Representative ) ( Title)
Dated-------------------
This notice must remain posted for 60 days from the date hereof, and must not
be altered, defaced, or covered by any other material.