Zanetti Riverton Bus Lines

National Labor Relations Board - Board Decisions

Aug 29, 1960

128 N.L.R.B. 1389 (N.L.R.B. 1960)

ZANETTI RIVERTON BUS LINES 1389
found to be unfair labor practices, tend to lead to labor disputes burdening and ob-
structing commerce and the free flow of commerce.
V. THE REMEDY
Having found that Respondent has engaged in unfair labor practices affecting com-
merce within the meaning of Section 8(b)(1)(A) and (2), the Trial Examiner will
recommend that it cease and desist therefrom and take certain affirmative action.
designed to effectuate the policies of the Act.
In order to make effective the interdependent guarantee of Section 7, to prevent.
a recurrence of unfair labor practices and thereby minimize industrial strife whichi
burdens and obstructs commerce and thus effectuate the policies of the Act, the Trial.
Examiner will recommend that Respondent cease and desist from in any manner in-
fringing upon the rights of the employees or prospective employees of Spiegelberg,
Lumber and Building Company, or of any other employer, guaranteed in Section 7%
of the Act.
As it has been found that Respondent, in violation of the Act, caused Spiegel-
berg Lumber and Building Company to discharge Guy W. Jones, the Trial Ex-
aminer shall recommend that it make him whole for any loss of pay he may have
suffered because of the discrimination against him by payment to him of a sum of
money equal to the amount he would normally have earned as wages, less his net
earnings during the period.
Upon the basis of the foregoing findings of fact, and upon the entire record ini
the case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. International Association of Bridge, Structural and Ornamental Iron Workers,.
Local No. 494, AFL-CIO, is a labor organization within the meaning of Section
2(5) of the Act.
2. Spiegelberg Lumber and Building Company, Laramie, Wyoming, is an em-
ployer within the meaning of Section 2(2) of the Act.
3. By restraining and coercing employees of Spiegelberg Lumber and Building:
Company in the exercise of the rights guaranteed in Section 7 of the Act, Respond-
ent has engaged in, and is engaging in, unfair labor practices within the meaning of
Section 8(b) (1) (A) of the Act.
4. By causing and attempting to cause Spiegelberg Lumber and Building Company,
an employer, to discriminate against its employees, in violation of Section 8 (a) (3)
of the Act, Respondent has engaged in, and is engaging in, unfair labor practices.
within the meaning of Section 8 (b) (2) of the Act.
5. The aforesaid unfair labor practices are unfair labor practices affecting com
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Zanetti Riverton Bus Lines 1 and International Brotherhood'
of Teamsters , Chauffeurs, Warehousemen and Helpers of
America, Local No. 307, Petitioner . Case No. 30-RC-1832.
August 29, 1960
DECISION AND ORDER
Upon a petition duly filed under Section 9 ( c) of the National Labor-
Relations Act, a hearing was held before John S. Healey, 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 this case , the Board finds :
1. The Employer is a State -licensed contract carrier transporting-
employees by bus to and from the jobsites of three companies in,
' The name of the Employer appears as amended at the hearing.
128 NLRB No. 111.
1390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Wyoming. It conducts its operations entirely within the State. It
operates at Riverton as Zanetti Riverton Bus Lines, Inc. and at Rock
Springs and Jeffrey City as Zanetti Bus Lines, Inc. Mr. Pete
Zanetti is president of both corporations and supervises all operations
from a central office at Rock Springs. The same three officers serve
both corporations.
The Employer has existing contracts with Intermountain Chemical
Company, Western Nuclear Corporation, and the Lucky Mac Division
of the Utah Construction and Mining Company to transport the
employees of these companies to and from work. The trip distances
range from 58 to 106 miles on a round-trip basis. The Employer does
not transport members of the general public on these trips.
The contracts between the Employer and two companies, Inter-
mountain Chemical Company and Lucky Mac Division of the Utah
Construction and Mining Company, provide that these companies
will reimburse the Employer for each round trip furnished. Em-
ployees purchase a book of trip tickets from the two companies. The
third company, Western Nuclear Corporation, furnishes the Em-
ployer's transportation services to its own employees without charge.
The Employer's contracts with Intermountain Chemical Company
and Lucky Mac Division of the Utah Construction and Mining Com-
pany each exceed $50,000 annually. Both companies ship products
out-of-State in excess of $50,000 annually.
In view of the foregoing, we find that the two corporations are a
single employer within the meaning of the Act. As the Employer
renders its services to the companies by virtue of contractual agree-
ments, and does not transport members of the general public during
its trips, and as all of its gross annual revenue is derived from trans-
porting employees of the above-mentioned companies to and from
work, we further find that the Employer's operations are not those of
n public transit system? As the Employer renders services valued in
excess of $50,000 to companies which in turn ship goods outside the
.State of Wyoming valued in excess of $50,000, we find that it will
effectuate the policies of the Act to assert jurisdiction herein 3
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.4
3. No question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning of Sec-
tion 9(c) (1) and Section 2(6) and (7) of the Act.
The Petitioner seeks a unit of busdrivers and shop employees at
the Employer's Riverton, Wyoming, location or, alternatively, at
2 Charleston Transit Company, 123 NLRB 1296.
8 Siemons Mailing Service , '122 NLRB 81 . See also Potash Mines Transportation Com-
pany, Inc., 116 NLRB 1295.
4 District No 50, United Mine Workers of America, was permitted to intervene at the
bearing on the basis of an alleged contract interest.
J. R. SIMPLOT FOOD PROCESSING DIVISION, ETC. 1391
both Riverton and Jeffrey City. The Petitioner stated at the hearing
that it did not wish to represent the employees at Rock Springs. The
Intervenor I contends that the only appropriate unit consists of all the
Employer's employees at three locations-Riverton, Jeffrey City, and
Rock Springs.
Riverton is about 142 miles distant from Rock Springs and 80 miles
from Jeffrey City, while the latter is 162 miles from Rock Springs.
The Intervenor has represented the employees at Rock Springs since
1941 and at the 'other two locations since 1958. The collective-
bargaining contract between them covers the employees on an overall
basis. The service rendered by the Employer at each location is the
same, and the employees have similar duties and working conditions.
They also have the same wage rates, except that Riverton drivers
receive $1 extra for a dirt road trip in that area. There has been
some interchange of the employees among the three locations and
more is anticipated. We find that the Petitioner's unit request is too
narrow in scope and therefore, in view of the Petitioner's disclaimer
as to the employees at Rock Springs, shall dismiss the petition.
[The Board dismissed the petition.]
5 The Intervenor moved to dismiss the petition on the ground that an existing
collective-bargaining contract with the Employer operates as a bar to this proceeding.
The contract , dated November 1, 1959, recites that it is to be effective through October
31, 1961, and is automatically renewable from year to year. The petition was filed
March 15, 1960.
Article 1, section 1 of the contract contains the following provision :
. . . All employees now employed and all new employees hereinafter employed, shall
become members of the Union within thirty ( 30) days after date of employment,
and shall remain members of the Union in good standing as a condition of continued
employment.
This union -security provision fails to grant the 30-day statutory grace period within
which nonmember incumbent employees are not required to join the Intervenor. It there-
by fails to conform to Section 8 (a) (3) of the Act and is not a bar Sanford Plastics
Corporation, 123 NLRB 1499, 1500. See also Red and White Airway Cab Company, 123
NLRB 83, 84. In view of 'our disposition of this issue , we find it unnecessary to rule
on other contract -bar contentions raised by the Intervenor.
J. R. Simplot Food Processing Division at Caldwell , Idaho and
American Federation of Grain Millers, Petitioner. Case No.
19-RC-20584. August 29, 1960
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing 1 was held before Thomas K. Cassidy, hear-
ing officer . The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
2 At the hearing the formal papers were amended to show the correct name of the
Employer.
128 NLRB No. 113.