Bonded Freightways, Inc.

National Labor Relations Board - Board Decisions

Mar 6, 1953

103 N.L.R.B. 407 (N.L.R.B. 1953)

BONDED FREIGHTWAYS, INC. 407
employees and those of clerical employees, and establishes such groups
in separate units.
As the Board applies the same unit principles in decertification pro-
ceedings as in all other representation proceedings, the fact that such
issue was raised by means of a decertification petition will not affect the
result.°
As all the parties agree to an election in the three separate units in
the event severance is permitted, we shall direct that separate elections
by secret ballot be held among the following groups of employees at
the Employer's Fort Wayne, Indiana, plant, excluding from each
group all other employees, professional employees, guards, and super-
visors as defined by the Act.
1. All engineering assistants.
2. All laboratory assistants.
3. All draftsmen and trainees.?
If the employees in any of the foregoing voting groups do not select
the Union, the Union will be decertified as to them; if, on the other
hand, they select the Union, they will be taken to have indicated their
desire to remain in the existing salaried unit now represented by the
Union.
[Text of Direction of Elections omitted from publication in this
volume.]
American Smelting and Ref ining Company, 80 NLRB 68.
a Inasmuch as the "trainee draftsmen" are schooled in the Employer 's draftsmen course
and graduate into regular drafting duties, we find that they have interests and working
conditions in common with the detail and design draftsmen , and we shall , therefore,
include them in the unit.
BONDED FREIGHTWAYS , INC. and BONDED DRIVERS AND MECHANICS IN-
DEPENDENT UNION, PETITIONER . Case No . 3-RC-1110. March 6,
1953
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Leonard Leventhal, 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
103 NLRB No. 50.
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
4. The Petitioner seeks a single unit of truckdrivers and mechanics
employed at the Employer's 3 terminals in Syracuse, Utica, and Rens-
selaer, New York. Local 182 seeks a unit of truckdrivers only at
the Utica terminal, and Local 294 seeks a unit of truckdrivers only
at the Rensselaer terminal. They contend that the 3-terminal unit
is inappropriate, while the Employer and Petitioner contend that
such a unit, embracing truckdrivers and mechanics, is alone
appropriate.
The Employer is a common carrier engaged in the hauling of petro-
leum products for hire at the 3 above-mentioned terminals. It also
has an office in Syracuse. At this office all bills are paid, the payroll
is made up, and all permanent records are kept. Three officers of
the Employer, who spend most of their time at the Syracuse office,
formulate the Employer's major policy, including that concerning
labor relations, and exercise general supervision over the entire busi-
ness. Immediate supervision of drivers and mechanics is exercised
by 3 dispatchers,2 1 at each terminal, who directs operations and hires
and discharges employees at his terminal. They also purchase sup-
plies, such as fuel and lubricants for their respective terminals .3
The distance between the Syracuse terminal and the Utica terminal
is 52 miles, between the Syracuse terminal and the Rensselaer termi-
nal, 148 miles, and between the Utica terminal and the Rensselaer
terminal, 98 miles. At each of the terminals, drivers and mechanics
are employed, in addition to the dispatcher. While it appears that
there have been permanent transfers of drivers from one of the ter-
minals to another, there is no evidence of temporary interchange of
drivers between terminals 4 Each of the terminals has a specific
1 Local 182 and Local 294, International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers, A. F of L., each intervened on the basis of a showing of interest.
They contend that the Petitioner is not a labor organization within the meaning of the
Act. It is clear from the record that the Petitioner is an organization of employees
formed for the purpose of bargaining collectively with respect to wages, hours, and con-
ditions of employment. Accordingly, we find that it is a labor organization within the
meaning of the Act.
2 The dispatchers are also referred to as "managers ." It is clear from the record, and
the parties agree, that they are supervisors within the meaning of the Act and should be
excluded from any unit found appropriate in this case.
a All purchases of tractors and trailers and other major equipment are made by the
officers through the Syracuse office. Bills for purchases made locally by the dispatchers
are paid by the Employer' s Syracuse office.
4 During the winter months when the New York State Barge Canal is closed , there is an
increase in business at the Rensselaer terminal . During these months, drivers have been
occasionally transferred from other terminals to Rensselaer to assist in handling the
Increased loads.
BONDED FREIGHTWAYS, INC. 409
group of tractors and trailers assigned to it, and each tractor has as-
signed to it a specific driver, who drives only that tractor except when
replaced or out of service for repairs. Most of the deliveries from
each of the terminals are made in the area surrounding it, although
certain areas between terminals may be served by trucks from 2 of
the terminals. Drivers from the Utica and Rensselaer terminals oc-
casionally bring tractors to Syracuse, where all equipment overhauls
are performed, but they usually return immediately with another trac-
tor or by train.
The mechanics at each of the terminals have the usual duties in-
cidental to the maintenance and repair of trucking equipment. The
mechanics at each terminal do all repair work on equipment assigned
to that terminal except for the overhauling of tractors, which is done
at Syracuse only. There is no evidence of any transfer or interchange
of mechanics between terminals.
The pay and working conditions for drivers and mechanics are
uniform at the 3 terminals. However, seniority has been observed at
each terminal separately rather than systemwide. Although there
was some evidence that there have been limited oral agreements be-
tween Local 182 and the Employer covering the drivers at the Utica
terminal, it is clear, and we find, that there has been no effective bar-
gaining history at any of the terminals on either a single-terminal or
a 3-terminal basis.
In view of the lack of interchange among the employees, the geo-
graphical separation of the 3 terminals, the separate seniority systems,
the local supervision of the terminals, including hiring and discharge
of employees, by the dispatchers, and the absence of any bargaining
history on a broader basis, we find that separate units at each of the
terminals may be appropriate.-' However, in view of the centralized
control of labor relations, uniformity of wages, working conditions,
skills, and interests of the employees at all 3 terminals, a single unit
including all drivers and mechanics at the 3 terminals may also be
appropriate.6 Accordingly, we will allow the employees to determine
whether they wish to be represented in a single 3-terminal unit or in
3 separate units.
There remains to be decided the composition of the units at each
of the terminals, in the event that separate terminal units are selected.
Locals 182 and 294 wish to represent truckdrivers only at the Utica
and Rensselaer terminals, respectively. As there is no evidence of
any interchange between truckdrivers and mechanics, we find, in ac-
cordance with our usual practice, that either separate units of truck-
drivers and mechanics at the Utica and Rensselaer terminals, or a
s See Central Wisconsin Motor Transport Company, 85 NLRB 287.
6 See Porto Rican Empress Company, 88 NLRB 866.
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
single unit including both truckdrivers and mechanics at each of
these terminals may be appropriate? We will therefore set up sepa-
rate voting groups of drivers and mechanics at each of these terminals.
As no one seeks a separate unit of drivers at Syracuse, we will set up
one voting group including both drivers and mechanics at that termi-
nal.
Accordingly, we will direct elections among employees in the follow-
ing voting groups, excluding, in each case, dispatchers, office clericals,
guards, and supervisors within the meaning of the Act.
(1) All truckdrivers at the Employer's Utica terminal.
(2) All mechanics at the Employer's Utica terminal.
(3) All truckdrivers at the Employer's Rensselaer terminal.
(4) All mechanics at the Employer's Rensselaer terminal.
(5) All truckdrivers and mechanics at the Employer's Syracuse
terminal.
If a majority of the employees in each of the voting groups vote for
the Petitioner, they will be taken to have indicated their desire to
constitute a single three-terminal unit. Otherwise :
(a) If a majority in each of voting groups (1) and (2) vote for
the same labor organization, they will be taken to have indicated their
desire to constitute a single unit comprising the employees in both
voting groups. If a majority in each of these voting groups vote for
different labor organizations, they will be taken to have indicated
their desire to constitute separate units coextensive with each of the
voting groups.
(b) Similarly, if a majority in each of voting groups (3) and (4)
vote for the same labor organization, they will be taken to have indi-
cated their desire to constitute a single union comprising the employees
in both voting groups. If a majority in each of these voting groups
vote for different labor organizations, they will be taken to have indi-
cated their desire to constitute separate units coextensive with each of
the voting groups.
(c) If a majority in voting group (5) vote for the Petitioner, they
will be taken to have indicated their desire to constitute a sep-
arate appropriate unit.
The Regional Director is instructed to issue certifications of repre-
sentatives consistent herewith to the bargaining agent or agents
selected for such unit or units, which the Board, under the circum-
stances, finds to be appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
[Text of Direction of Elections omitted from publication in this
volume.]
* Texas & Pacific Motor Transport Company, 77 NLRB 87.