Trans-Bridge Lines, Inc.

National Labor Relations Board - Board Decisions

Apr 4, 1945

61 N.L.R.B. 320 (N.L.R.B. 1945)

In the Matter of TRANS-BRIDGE LINES, INC. and TRANSPORT WORKERS
UNION OF AMERICA, CIO
Case No. 4-B-1447.-Decided April 4, 19455
Mr. Alfred J. Ferraro, of Broadway, N. J., for the Company.
Mr. Robert High, of Philadelphia, Pa., for the CIO.
Syme & Simons, by Mr. Maurice Abrams, of Philadelphia, Pa., for
the AFL.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Transport Workers'TJnion of America,
CIO, herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Trans-Bridge Lines, Inc., Broadway, New Jersey, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Herman Lazarus, Trial Ex-
aminer. Said hearing was held at Easton, Pennsylvania, on February
13, 1945. The Company, the CIO, and Amalgamated Association of
Street, Electric Railway and Motor Coach Employees of America,
Division 1184, AFL, herein called the AFL, appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. At the hearing the AFL moved to dismiss the petition
and the Trial Examiner referred the motion to the Board for deter-
mination. For reasons set forth in Section III, infra, the motion is
denied. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and .are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I., THE BUSINESS OF THE COMPANY
Trans-Bridge Lines, Inc., a New Jersey corporation with its prin-
cipal office at Broadway, New Jersey, is engaged in the operation of
61 N. L. R. B., No. 41.
320
TRANS-BRIDGE LINES, INC. 321
a bus line between Easton , Pennsylvania, and Phillipsburg and Wash-
ington, New Jersey. In 1943, the Company's receipts were approxi-
mately $80,000 of which approximately 90 percent represents fares
paid in interstate travel.
The Company admits that it is engaged in commerce within- the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Transport Workers Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America, Division 1184, affiliated with the
American Federation of Labor, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 20, 1944, the CIO filed its petition,' and on 'or about May
23, 1944, the Company was advised of such action by letter from the
Board's Fourth Region.
On August 14, 1943, the Company and the AFL entered into a
1-year; closed-shop collective bargaining agreement which provided,
in part, as follows :
This agreement, and the provisions thereof, shall continue in
force and be binding upon the respective parties hereto until the
14th day of August A. D. 1944, and from year to year thereafter,
unless changed by the parties hereunto, either of the parties
hereunto desiring a change in any section or sections of this
agreement shall notify the other party, in writing, of the desired
changes thirty days prior to the end of each year; after such
notice, the agreement shall be opened
Neither the Company nor the AFL gave such notice before July
14, 1944. The AFL contends that, on that date, the contract was
automatically renewed for 1 year, and that it therefore constitutes a
bar to this proceeding. We find no bar to exist, since, as hereinbefore
noted, the CIO filed its petition and the Company was apprised of
this fact prior to the effective date of the automatic-renewal clause .2
3 The AFL asks that the petition be dismissed because the CIO failed to request recogni-
tion prior to the filing thereof. It is clear , however , that the Company refuses to recognize
the CIO in the absence of certification by the Board . Consequently , we do not believe that
dismissal is warranted. Matter of Houston Blow Pipe and Sheet Metal Works, 53
N. R. L. B. 184.
2 See Matter of Portland Lumber Mills , 56 N. L. R. B. 1336.
322, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate. 3
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
All parties agree that the appropriate unit should consist of all the
Company's bus drivers and maintenance employees, excluding clerical
and supervisory employees. However, the AFL would exclude an
employee, who is a driver-dispatcher,4 on the ground that he has super-
visory status, whereas the Company would include him. The CIO
takes no position with respect to this employee.
The driver-dispatcher has been employed by the Company for
approximately 1 year and earns about the same amount as other bus
drivers. He spends approximately 50 percent of his time as a dis-
patcher and the balance of his time is devoted either to bus driving or
performing odd jobs and repair work. The record is clear that this
employee has no authority to hire, promote, discharge, discipline, or
effectively recommend changes in the status of employees. We shall
include him.
We find that all the Company's bus drivers and maintenance em-
ployees, including the driver-dispatcher, but excluding clerical em-
ployees and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
3 The Field Examiner reported that the CIO submitted 13 application for membership
cards bearing apparently genuine signatures ; that the cards were dated as follows : 1 in
April 1944 , 7 In May 1944 , and 5 were undated ; and that there were 14 employees in the
alleged appropriate unit.
The AFL submitted a petition dated July 19, 1944, signed by 12 employees , stating their
desire to remain members of the AFL and rescinding any authorization they may have
given to the CIO. Eleven of these names correspond to names appearing on the cards
submitted by the CIO . The AFL claims that the petition should be dismissed for the reason
that the cards submitted by the CIO allegedly have no force and effect However , in view
of the closed -shop provision contained in the agreement of August 14, 1943, we attach no
importance to the petition submitted by the AFL insofar as its signatories purport to
revoke the authorizations given the CIO. See Matter of Russell Heel Company, 41
N. L. R. B. 47.
4 Howard Wolff e.
TRANS-BRIDGE LINES, INC. 323
ployees 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Trans-Bridge
Lines, Inc., Broadway, New Jersey, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (60) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Fourth Region, acting in this matter as
agent for the National Labor Relations Board and subject to Article'
III, Sections 10 and 11, 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
the said pay-roll period because they were i11 or on vacation or tempo-
rarily 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 and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Trans-
port Workers Union of America, CIO, or by Amalgamated Associa-
tion of Street, Electric Railway and Motor Coach Employees of
America, Division 1184, AFL, for the purposes of collective-
bargain-ing, or by neither.
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