88 N.L.R.B. 1227 (N.L.R.B. 1950)

West Coast Trailways

National Labor Relations Board - Board DecisionsMar 17, 1950

88 N.L.R.B. 1227 (N.L.R.B. 1950)

In the Matter of WEST COAST Bus LINES D/B/A WEST COAST TRAIL- WAYS, EMPLOYER and AMALGAMATED ASSOCIATION OF STREET, ELEC- TRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA , DIVISION 1055 , AFL, PETITIONER In the Matter Of WEST COAST Bus LINES D/B/A WEST COAST TRAIL- WAYS, EMPLOYER and BROTHERHOOD OF RAILROAD TRAINMEN, PETI- TIONER Cases Nos. 36-RC-399 and 36-RC-405.-Decided March 17,1950 DECISION AND DIRECTION OF ELECTION Upon petitions duly filed, a consolidated hearing was held before R. J. Wiener, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act .2 i International Brotherhood of Teamsters, Chauffeurs , Warehousemen and Helpers of America, Grocery , Meat, Motorcycle and Miscellaneous Drivers, Local Union No. 233, AFL, Intervenor in Case No . 36-RC-399, moved to dismiss on the grounds that the Peti- tioner's evidence of representation was not produced at the hearing, that the Regional Director was without authority to consolidate the cases , that the consolidation was pre- mature, and that the Brotherhood of Railroad Trainmen should have appeared at the hearing as an intervenor rather than as a petitioner . Inasmuch as these are matters for administrative determination not litigable by the parties , the Intervenor 's motion is denied. Lion Oil Company, 76 NLRB 565 ; Bethlehem Transportation Corporation, et al., 65 NLRB 605. 2 The current contract between the Employer and the Intervenor , which is effective until March 31, 1950, is not a bar to a present determination of representatives. The Wheland Company, 72 NLRB 351. 88 NLRB No. 227. 1227 1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 4. The following employees of the Employer constitute a unit ap- propri ate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: All motor coach operators operating busses for the Employer on routes from Seattle, Washington , to San Francisco and Stockton, California, and points between, including extra operators, but exclud- ing all office and clerical employees , professional employees , guards, and supervisors. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible , but not later than 30 days from the date of this Direction, tinder the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations , among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Direction of Election, including employees who did not work during said payroll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement , to determine whether they desire to be represented , for purposes of collective bargaining, by Amalga- mated Association of Street, Electric Railway and Motor Coach Employees of America, Division 1055, AFL, or by Brotherhood of Railroad Trainmen , or by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Grocery, Meat, Motorcycle and Miscellaneous Drivers, Local Union No. 233, AFL, or by none.