Yellow Cab Co.

National Labor Relations Board - Board Decisions

Jan 23, 1950

88 N.L.R.B. 282 (N.L.R.B. 1950)

In the Matter of B. ROYCE AND E. ROYCE, D/B/A YELLOW CAB COM-
PANY, EMPLOYER and SHIP SCALERS AND AUTO PAINTERS LOCAL
UNION No. 1404 , BROTHERHOOD OF PAINTERS , DECORATORS AND PAPER
HANGERS OF AMERICA, A. F. or L., PETITIONER
Case No. 36-RC-315.Decided January 23, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a 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.
Upon the entire record in the case, the National Labor Relations
Board finds :
1. The Employer operates a taxicab business and a public garage in
Portland, Oregon. It employs 225 drivers in the operation of its 83
taxicabs and 20 employees in the operation of its garage.
During the preceding fiscal year, the Employer expended $69,000
for parts, tires, and batteries, and $10,000 to $15,000 for new Plymouth
automobiles. All of this equipment, except batteries costing approxi-
mately $4,000, originated outside of the State of Oregon.
Approximately 3 percent of the Employer's annual gross revenue 1
is received from passengers transported across State lines,2 71/2 per-
cent from passengers transported to and from the one railroad depot
in Portland, 4 percent from passengers transported to and from the
Greyhound bus station in Portland, and approximately 1 percent of
its annual gross revenue is received from passengers transported to
and from the Portland municipal airport. The Employer has the
sole taxi-stand concession at the railroad depot and the sole concession
every third day at the bus station.
, The Employer 's representative at the hearing testified that during the preceding
fiscal year the Employer received "in excess of $75,000" from the operation of its taxicabs.
However, the Employer's annual expenditures above set forth, coupled with the wages paid
to 225 drivers over a 12-month period, compels the conclusion that the Employer's annual
gross revenue from the operation of its taxicabs is several times greater than $ 75,000.
2 The Employer is licensed by the Interstate Commerce Commission to transport passen-
gers from within the State of Oregon to points outside that State.
8S NLRB No. 62.
282
YELLOW CAB COMPANY 283
On the basis of these facts and the entire record in the case, we find
that the Employer is engaged in commerce within the meaning of the
National Labor Relations Act .-3
2. The labor organization involved claims to represent employees 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.
4. In accordance with the agreement of the parties, we find that all
painters and painters' helpers employed in the Employer's automobile
paint shop constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses 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, under 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Ship Scalers and Auto Painters Local Union No. 1404, Brother-
hood of Painters, Decorators and Paper Hangers of America, A. F.
of L.
Taxicabs of Cincinnati, Inc., 82 NLRB 664.