Blue Ribbon Lines

National Labor Relations Board - Board Decisions

Aug 19, 1942

43 N.L.R.B. 381 (N.L.R.B. 1942)

In the Matter of BLUE RIBBON LINES and AMALGAMATED ASSOCIATION
OF STREET , ELECTRIC RAILWAY AND MOTOR CAR' EMPLOYEES OF
AMERICA, LOCAL No. 1304, AFFILIATED WITH AMERICAN FEDERATION
OF LABOR
Case No. R-4058.-Decided August 19, 194.
Jurisdiction : motor transportation industry.
Investigation and Certification of Representatives : existence of question : stip-
ulation as to ; election necessary.,
Unit Appropriate for Collective Bargaining : unit comprising all drivers and
maintenance men held appropriate despite petitioner's request for the exclusion
of maintenance men, where the duties and interests of the two groups were
not sufficiently different to warrant placing them in separate units.
Mr. Porter H. Gray, Mr. J. W. McKene, and Mr. C. E. Fannin,
of Ashland, Ky., for the Company.
Mr. James J. Gormley, of New York City, and Mr. Join Hock,
of Ashland, Ky., for the Amalgamated.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Association of Street,
Electric Railway and Motor Car Employees of America, Local 1304,
A. F. L., herein called the Amalgamated, alleging that a question
affecting commerce has arisen concerning the representation of
employees of Blue Ribbon Lines, Ashland, Kentucky, herein called
the, Company, the National Labor Relations Board provided for 'an
appropriate hearing upon due notice before James A. Shaw, Trial
Examiner. The Company and the Amalgamated appeared and par-
ticipated.' All parties 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.
Upon the entire record in the case, the Board makes the following:
' Transport Workers Union of America, Local 195, herein called T. W. U., although
served with notice, did not appear.
43 N. L R. B., No. 63.
381
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Blue Ribbon Lines, privately owned by C. E. Fannin,, has its prin-
cipal place of business in Ashland, Kentucky. It is engaged in the
business of transporting passengers for hire and operates interstate
busses from Ashland, Kentucky, to Cincinnati,. Ohio, and other small
cities within Kentucky and Ohio. It also operates busses under city
franchises in Ashland, Kentucky, and Ironton, Ohio. The Company's
receipts'for 1941 were over $100,000, approximately 85 percent of
which was received in the State of Kentucky and 15 percent from
points outside of Kentucky. Approximately 75 percent of the Com-
pany's supplies and equipment are purchased within the State of
,Kentucky and approximately 25 percent purchased outside of Ken-.,
tucky.
II. THE ORGANIZATION INVOLVED
Amalgamated Association of Street, Electric Railway and Motor
Car Employees of America, Local, 1304, .is a labor organization
affiliated with the American Federation of Labor, admitting to mem
bership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question affecting commerce has arisen
by the filing of the Amalgamated's petition for investigation and
certification of representatives and, by the filing of a response by
the Company. -
A statement of the Regional Director introduced into evidence shows
that the Amalganiatecl' represents a substantial number of the em-
ployees in the unit hereinafter found to be appropriate.2
We-find that a question affecting commerce has arisen, concerning
the representation of employees of the Company , within ,the mean-
ing of Section . 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act. - -
2 The Field Examiner reported that the Amalgamated presented I cards of application
for membership in the American Federation of Labor, addressed to Ashland Central Labor
Union, Ashland, Kentucky, all undated ; 85 applications for membership in the Amalgam-
ated, dated as follows : March 6, 1942 , 10; March 7, 1942, 17; March 10, 1942 , 1; March
20, 1942, 1 ; March 25, 1942, 1 Apiil 20, 1942, 1, undated 4 All signatures on cards
appeared to be'genume Ile further reported that all but 5 names appeared on the li,t
of Company s employees for pay-roll period ending June 20, 1942 ; that said pay -roll list
contained 82 names, comprising all operators and maintenance employees. All cards
presented bore names of operators and none bore names of the 17 maintenance men Lsted
Also a letter dated March 31, 1942, signed by 6 employees, addressed to theiAmalgamated,
giving notice of their resignation fioni Transport \Vorkeis Union and authorizing the
Amalgamated to be their bargaining agent, was presented Transpoit workers Union
of Ameiica refused to produce any cards, but informed the Field Examiner that it had 8
application-tor-membership cards dated in 1940.
BLUE RIBBON LINES
IV. THE APPROPRIATE UNIT
383
The Amalgamated contends that the appropriate unit should' be
composed of all' operators of the Company, excluding supervisory,
clerical, office and maintenance employees. It is the contention of,
the Company that the appropriate unit should include all, drivers,
whether regular, extra, special or emergency operators, all main-
tenance men and those Who work both as operators and maintenance
men.
The Company employs 68 drivers (including a driver dispatcher)
and 16, maintenance men and emergency drivers. It is the policy of
the. Company to place drivers who are found not to be qualified or
experienced in its garage at Ashland, Kentucky, in order that they
may familiarize themselves with the equipment and mechanics of the
busses until they can pass a driver's test. It has always been the
practice of the Company to permit the,garage or maintenance men
to drive busses when the-Company has extra business and there are
no regular'drivers available for these runs. The. Company has one
seniority list for all of its employees, and a maintenance, employee
who' is transferred to driving may take 'precedence over a later-hired
driver.
The Amalgamated has a contract with a nearby competitor of the
Company, which covers operators and maintenance men.
We are of the opinion, and find, that the duties and interests of the
two groups of employees are not sufficiently different to warrant plac-
ing them in separate units. We shall accordingly include the main-
tenance men and emergency drivers within the appropriate unit.
The Union seeks to exclude from the unit an employee, H. G. Savage,
on the ground that he is a supervisory employee. He is a driver, and
dispatcher, whose supervisory duties include getting and putting men
on runs, regulating routes, and keeping up the operation of the, lines.
In view of his supervisory duties, Savage will be excluded from the
appropriate unit"
We find that all drivers and maintenance men of the Company, ex-
eluding supervisory, clerical,' and office employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
V. THE DETERMLNATION 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
3 See Matter of Ca) plum ,Scenic-Coach Lines and Amalgamated Association of Street,
Electric Railway it Motor Car Employees of America , 33 N L R B. 528.
384 DECISIONSC OF NATIONAL LABOR RELATIONS BOARD
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions as set forth in, the
Direction.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Blue Ribbon Lines,
'Ashland, Kentucky, 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 Ninth Region, acting in this matter as'agent for the
National Labor Relations Board and subject to Article' III, Section 9,
of said Rules and Regulations, among the employees in the unit found
appropriate in Section IV, above,' who were employed during the
pay-roll period immediately preceding the date of this Direction of
Election; including employees who did not work during ,such pay-roll
period because they were ill or on vacation or in the active military,
service or training of the United States, or temporarily laid off, but
excluding employees who have since quit or been discharged for*cause,
to determine whether or not they'desire to be represented by Amalgam-'
ated Association of Street, Electric Railway and Motor' Car Ern-
ployees , of America, Local 1304, A. F. of L., for the purposes of
collective bargaining. '
CHAIRMAN MLLis took no part in the consideration of the above
Decision and Direction 'of Election.