Trailways of New England, Inc.

National Labor Relations Board - Board Decisions

Dec 24, 1942

46 N.L.R.B. 310 (N.L.R.B. 1942)

In the Matter of TRAILWAYS OF NEW ENGLAND, INC. and AMALGAMATED
ASSOCIATION OF STREET , ELECTRIC RAILWAY '& MOTOR COACH EM-
PLOYEES OF AMERICA , A. F. OF L.
Case No. R-4602.-Decided December 24,1942
Jurisdiction : motor carrier industry. -
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; contract entered into after filing of peti-
tion and when Company had notice of petitioner's claims to representation,
held no bar; election necessary.
Unit Appropriate for Collective Bargaining : all bus operators and garage em-
ployees, with specified exclusions ; no dispute as to.
Mr. John K. Galleher, of Springfield, Mass., for the Company.
Mr: Othmer Mischo, of New York City, for the A. F. of L.
Messrs. Samuel M. Sacker and .Maurice H. Torge, both of New York
City, for the C. 1. 0.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Association of Street,
Electric Railway & Motor Coach Employees of America, A. F. of L.,
herein called the A. F. of L., alleging that a question affecting com-
merce has arisen concerning the representation of employees of Trail-
ways of New England, Inc., Springfield, Massachusetts, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Martin I. Rose, Trial Ex-
aminer. Said hearing was held at New York City on November 27,
1942. The Company, the A. F. of L., and Transport Workers Union
of America (C. I.O.) , herein called the C. I. 0., appeared, participated,.
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
46 N. L. R. B., No. 37.
310
TRAILWAYS OF NEW ENGLAND, INC. , _ ^ , 311_
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Trailways of New England, Inc., is a Massachusetts corporation
with its principal office in Springfield, Massachusetts. The Company
is engaged in 'the operation of motor busses for the transportation, of
passengers along regularly defined routes between Boston and Spring-
field, Massachusetts, and in the operation of motor busses -on interstate
runs through the States of Massachusetts, Connecticut, and New York.
During, the 6 months preceding November 27, 1942, the total revenue
of the Company amounted to approximately $275,000, of which,
approximately ,50 percent was received from interstate charter runs.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Association of Street, Electric, Railway & Motor
Coach Employees"of America, is a labor organization affiliated with
the American Federation of Labor, admitting to membership employees
of the Company.
Transport Workers Union of America is a labor organization affil-
iated . with the Congress of Industrial Organizations, admitting to,
membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On January 26, 1942, the Company and the C. I. O. entered into a
closed-shop agreement which terminated September 30, 1942. On or
about September 16, 1942, the A. F. of L. filed a petition for certification.
The Regional Office notified both the C. I. O. and the Company on
September 19, 1942, and on September 25, 1942, respectively, of the,
filing of the petition. On October 5, 1942, the C. I. O. and the Com-
pany entered into a new closed-shop agreement effective as of October
1, 1942, and expiring September 30, 1943. Since the A. F. of L. filed
,its petition herein,' and both the Company and the C. I. O. were aware
of its claims prior to the conclusion of the new agreement, we find that
'the contract of October 5, 1942, is not a bar to a present determination
,of representatives.
312 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
A statement of the Field Examiner,' introduced in evidence at the
hearing, indicates that the A. F. of L. represents a substantial number
of employees in the unit hereinafter found appropriate."
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company within the meaning of
'Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
It was stipulated by the A. F. of L. and the C. I. O. that the appro-
priate unit consists of all bus operators and garage employees of the
'Company, exclusive of officers, superintendents, foremen, secretaries,
stenographers, bookkeepers, executives, and clerical and office em-
ployees. This unit is the one provided for by the contracts of January
P26, 1942, and Octobr 5, 1942, between the Company and the C. I. O.
The Company indicated no objection to the proposed unit.
We find that all bus operators and garage employees of the Company,
excluding officers, superintendents, foremen, secretaries, stenographers,
bookkeepers, executives, and clerical and office employees, constitute a
unit appropriate for the purposes of collective. bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATVIES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. In accordance with
our usual practice, we shall direct that the employees of the Company
eligible to vote in the election shall be those in the appropriate unit who
were. employed during the pay-roll period immediately preceding the
'date•of the Direction of Election herein, subject to the limitations
.and additions set forth in the Direction.
DIRECTION OF ELECTION
By virtue'of and pursuant to the power vested in the National Labor
;Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
,Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Trailways of New Eng-
1 The Field Examiner reported that the A F. of L. submitted 58 application forms, all
bearing apparently genuine signatures. The Company did not submit to the Field Examiner
any copy of its pay , roll , and the signatures were not checked against a pay roll.
A stipulation signed by the Company and the Trial Examiner indicates that there are
approximately 51 employees in the unit alleged to be appropriate.
The C I O. submitted no proof of representation , relying upon the contracts as establish-
-lag its interest.
TRAILWAYS OF NEW ENGLAND, INC. 313=
land, Inc., Springfield, Massachusetts, an election by secret ballot shall
be conducted as early as possible but not later than thirty (30) days
from the date of this Direction, under the direction and supervision of
the Regional Director from the Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV above, who were employed .
during the pay-roll period immediately preceding the date of this,
Direction, including employees who did not work during said pay-roll
period because they' were ill or on-vacation or temporarily laid off,.
and including employees in the armed forces of the United States .who
present themselves'in person at the polls, but excluding those employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by Amalgamated Association of Street,
Electric Railway & Motor Coach Employees of America, affiliated with
the American Federation of Labor, or by Transport Workers Union of
America, affiliated with the Congress of Industrial Organizations, for-
purposes of collective bargaining, or by neither.