Zanes Freight Agency

National Labor Relations Board - Board Decisions

Feb 5, 1946

65 N.L.R.B. 799 (N.L.R.B. 1946)

In the Matter Of ZANES FREIGHT AGENCY and INTERNATIONAL BROTH-
ERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS
or AMERICA, LOCAL 745, AFL
Case No. 16-B-1419.-Decided February 5, 1946
Callaway and Reid, by Mr. Rollo E. Kidwell, of Dallas, Tex., for
the Company.
Messrs. Phil Taylor, James B. Turner, and Neal Hodges, of Dallas,
Tex., for the Union.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, Local 745,
AFL, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Zanes
Freight Agency, Dallas, Texas, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before H. Carnie Russell, Trial Examiner. The hear-
ing was held at Dallas, Texas, on August 23, 1945. The Company and
the Union appeared, participated, 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 an opportunity to file briefs with the Board..
Upon the entire record in the case, the Board makes the following:
FINDINGS or FACT
I. THE BUSINESS OF THE COMPANY
Zanes Freight Agency, a partnership, having its office in Dallas,
Texas, is principally engaged in a delivery and collection service for
railroads and other common carriers in the terminal district of Dallas.
The Company has written contracts with six railroads which operate
in interstate commerce and oral contracts with other common carriers.
65 N. L. R. B., No 137. 799
679100-46-vol. 65-52
800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Under the contracts with the railroads, the Company receives goods
from them already packaged and in condition for delivery. The Com-
pany delivers the goods under the railroads' bills-of-lading., Before
January 1945, the Company itself operated trucks in interstate traffic
and under an Interstate Commerce Commission certificate. During
the first 7 months of 1945, the gross income of the Company amounted
to approximately $150,000,2 of which 75 percent was derived from work
performed under contracts for interstate carriers.
The services rendered by the Company under contract with these
carriers in many instances conclude the interstate flow of the freight
involved, and these services are thus a link in the chain of interstate
transportation. Therefore, although the Company does not concede
the Board's jurisdiction, we find that it is engaged in commerce within
the meaning of the National Labor Relations Act.3
II. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, Local 745, affiliated with the American Fed-
eration of Labor, is a labor organization admitting to membership em-
ployees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union 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.
1 In addition to this work , the Company engages in over -the-road drayage service within
the State of Texas and it leases trucks for intrastate drayage work
' This does not include income from over-the-road drayage work carded on under con-
tract with Southwestern Bell Telephone Company.
B See Matter of Houston Cartage Company, Inc, 2 N. L. It B. 1000, Matter of Harry
G. Beck, d/b/a Rocks Express Company , 3 N L. R . B 110 , and Matter of Chesapeake
Ferry Company, 62 N L. R B 89
4 The Field Examiner reported that the Union submitted 45 authorization cards and
that the names of 21 persons appearing on the cards were listed on the Company's pay
roll of July 27, 1945, which contained the names of 53 employees in the alleged appropri-
ate unit
At the hearing and in its brief , the Company contended that a later pay roll indicated
a larger number of employees in the alleged appropriate unit which would decrease the
Union ' s percentage of designations somewhat. Since the decrease may be attributed to
the rapid turn -over and increment of personnel , we find that the showing of representation
under the circumstances is adequate . See Matter of Kellett Aircraft Corporation, 53
N L R B 938.
0
ZANES FREIGHT AGENCY
IV. THE APPROPRIATE UNIT
801
The Union contends that the following unit is appropriate : all em-
ployees of the Company, including drivers and their helpers listed on
the pay roll as regular employees, drivers whom the Company con-
siders as "independent contractors," stationmen, and mechanics, but
excluding office 'employees, superintendents, and all other supervisory
employees. The Company disagrees with the Union's position, assert-
ing that stationmen, mechanics, and the "independent contractors"
should be excluded from the unit.
Stationmen receive from the railroads the freight to be delivered and
the bills of lading for it; they separate the bills of lading, determining
the goods to be carried by each truck and the route traveled by the
driver. They supervise the loading of the trucks, and check the freight
against the bills of lading prior to dispatching a truck for its destina-
tion. The mechanics have the responsibility of keeping the Com-
pany's motor and mechanical equipment in repair. They service the
trucks daily. One mechanic, the shop foreman, is vested with author-
ity to hire and discharge the other mechanics, thus exercising super-
visory authority within the meaning of our customary definition.
Stationmen, mechanics, drivers, and their helpers are all paid on an
hourly basis. They are all supervised by two superintendents of the
Company. They all apparently work similar hours and report to the
same office daily. We conclude, therefore, that despite the diversity
of their duties, both stationmen and mechanics, except for the shop
foreman, have interests similar to those of the drivers and their helpers.
We shall include them in the unit. The shop foreman will be excluded
as a supervisory employee.
The 17 drivers, whom the Company considers as "independent con-
tractors," perform duties comparable to those of the Company's other
drivers. However, they are paid on a different basis from the other
drivers, according to the tons of freight hauled per week. These
drivers pay their own social security, unemployment compensation,
and workmen's compensation, whereas the Company assumes these
obligations for its other drivers. The "independent contractors," if
employing helpers, are required to hire and pay these assistants ; the
Company furnishes its regular drivers with helpers. Assuming,
without deciding, that the "independent contractors" are the Com-
pany's employees, we nevertheless find that their interests differ suf-
ficiently from those of the other drivers to warrant their exclusion from
the unit.5
We find that all employees of the Company, including drivers and
their helpers listed on the pay roll as regular employees, stationmen,
5 See Matter of Standard Oil Company of Indiana (South Bend Division), 56 N L R B
1101.
802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and mechanics, but excluding drivers considered by the Company as
"independent contractors," office employees, the shop foreman, super-
intendents, and all other supervisory employees 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 mean-
ing 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 are employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein.
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 the Zanes Freight
Agency, Dallas, Texas, 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 Sixteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, 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 the 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 and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local 745, AFL, for the purposes of collective
bargaining.