Wentworth Bus Lines, Inc.

National Labor Relations Board - Board Decisions

Aug 16, 1943

51 N.L.R.B. 1345 (N.L.R.B. 1943)

In the Matter Of WENTWORTH Bus LINES, INC. and DivisioN 1340
AMALGAMATED ASSOCIATION OF STREET ELECTRIC RAILWAY AND MOTOR
COACH EMPLOYEES Or AMERICA (AFL)
Case No. R.-5'769.-Decided August 16, 1943
Hughes.& Burns, by Mr. Stanley M. Burns, of Dover, N. H., for the
Company.
Mr. John F. O'Brien, of Lawrence, Mass., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
• Upon petition duly filed by Division 1340 Amalgamated Associa-
tion of Street Electric Railway and Motor Coach Employees of Amer-
ica (AFL), herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Wentworth Bus Lines, Inc.,' Dover, New Hampshire, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before John W. Coddaire, Jr.,
Trial Examiner. Said hearing was held at Dover, New Hampshire,
on July 29, 1943. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence "bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded 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
Wentworth Bus Lines, Inc., a New Hampshire corporation with
its headquarters at Dover, New, Hampshire, is a common carrier
1
At the hearing the Company moved to amend all formal papers so as to include the word
"Inc " after its name. This motion was granted by the Trial Examiner.
51 N. L. R. B., No. 212.
1345
1346 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
licensed by the Interstate Commerce Commission and the States of
Maine and New Hampshire. The Company is engaged in the trans-
portation of passengers for hire both within 'and without the State
of New Hampshire. Approximately 40 percent of its passengers are
earned in interstate traffic.. We find- that the Company is engaged in'
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Division 1340 Amalgated Association of Street Electric Railway
and Motor Coach Employees of America is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 1, 1943, the Union requested recognition of the
Company as the bargaining representative of certain of its em-
ployees, which the Company refused to grant pending certification by
the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found appropriate 2
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
The Union seeks to represent a unit comprised of all bus drivers
and mechanics of the Company, excluding supervisory employees.
The Company contends that those employees engaged as drivers
operating vehicles in intrastate traffic,, spare bus drivers, and me-
chanics should not be included within the appropriate unit.
The record discloses no differentiation in interests between those
drivers operating in interstate traffic and those who do not, and no
valid reason is offered in support of a separation of these two groups.
The record is likewise bare of any reason for the exclusion of spare
bus drivers from the unit. We shall, therefore, in accordance with
our usual practice, include all bus drivers and spare bus drivers within
the unit hereinafter found appropriate.
,We have customarily included mechanics and drivers within the
same unit when so requested - and in the absence of any bargaining
2 The Regional Director reported that the Union submitted 27 authorization cards bear-
ing apparently genuine and original signatures , of which 24 contained the names of per-
sons appearing on the Company 's pay roll of July 3, 1943. This pay roll contained the
names of 30 persons in the appropriate unit on that date.
WENTWORTH BUS LINES, INC. 1347
history to the contrary, finding that the interests of these two classifi-
cations were not so dissimilar as to warrant their separation." In the
instant proceeding there is no evidence or valid reason which would
indicate the unfeasibility of our usual practice, and in the absence
thereof, we shall include both mechanics and drivers within the unit.4
The parties are in disagreement with respect to one Wallace H.
Burrows who, the Company contends, is a supervisory employee. The
record discloses that Burrows is listed on the Company's pay roll as
supervisor of the Portsmouth Division. He works as a driver on a
regular route, but, as distinguished from other drivers, after com-
pletion of the route he is subject to call on any problem that may arise
with regard to the Portsmouth Division. He receives a higher wage
than the ordinary driver, has discretion to and does issue orders with
respect to the handling of breakdowns, makes out reports concerning
the Division, and has hired and recommended the hiring of employees.
We are of the opinion and find that Burrows is a supervisory em-
ployee; we shall exclude him from the unit.
We find that all bus drivers and mechanics of the Company, exclud-
ing Burrows and any other supervisory employee with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the-
status of employees, or effectively recommend such action, constitute
a unit appropriate 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-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
The Company employs four individuals as mechanics and helpers.
One of these employees transmits the orders of the Company to the
group. However, he does not receive higher pay than the others, nor
does he possess any discretionary authority over them. We see no
reason to make a distinction between this employee and the others,
and shall include all four within the unit.
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 Rela-
' See Matter of Blue Ribbon Lines, 43 N . L. R. B 381.
See Matter of Lincoln Transit Co., Inc., 47 N. L R . B. 1325; Matter of Blue Ribbon
Lines, supra.
540612-44-vol. 51-86
1348 DEC'ISION'S .OF NATIONAL LABOR RELATIONS BOARD
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby 0
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wentworth Bus
Lines, Inc., Dover, New Hampshire, 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 for the First Region, acting in this matter as '
agent for the Natonal 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 em-
ployed 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 or not they desire to be.represented by Division
1340 Amalgamated Association of Street Electric Railway and Motor
Coach Employees of America, affiliated with the American Federation
of Labor, for the purposes of collective bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.
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