Carolina Scenic Coach Lines

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1114 (N.L.R.B. 1941)

In the Matter 'of CAROLINA SCENIC COACH LINES and AMALGAMATED
ASSOCIATION OF STREET, ELECTRIC RAILWAY & MOTOR COACH EM-
PLOYEES OF AMERICA
Case No. R-261
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 18, 1941
On July 18, 1941, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceedings.'
Pursuant to the Direction of Election an election by secret ballot was
conducted on August 7, 1941, under the direction and supervision of
the Regional Director for the Tenth Region (Atlanta, Georgia). On
August 20, 1941, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued an Election Report, copies of which were
duly served upon the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number eligible_______________________________________ - 38
Total ballots cast___________________________________________ 30,
Total number ballots cast for AMALGAMATED ASSOCIATION
OF STREET, ELECTRIC RAILWAY & MOTOR COACH
EMPLOYEES OF AMERICA, DIVISION 1268______________ 15
Total number ballots cast against AMALGAMATED ASSOCIA-
TION OF STREET, ELECTRIC RAILWAY & MOTO1I
COACH EMPLOYEES OF AMERICA, DIVISION 1268 ------ 8
Total number of challenged ballots__________________________ 7
Total number of void ballots_________________________________ 0
Total number of blank ballots_______________________________ 0
On August 29, 1941, the Company filed Objections to the Election
Report. On September 16, 1941, the Regional Director issued a Re-
port on Objections, copies of, which were duly served upon the parties.
On September 29, 1941, the Regional Director issued a Supplemental
Election Report, copies of which were duly served upon the parties, to
which Supplemental Election Report the Company filed objections
.1
' 33 N . L. R. B., No. 101.
36 N. L. R. B., No. 228.
1114
CAROLINA SCENIC COACH LINES - 1115
on October 1, 1941. .On October 23, 1941, the Regional Director issued
a ,Report on Objections to the ' Supplemental Election Report, copies
of which were duly served upon the parties.
In the Election Report and the Supplemental Election Report' the
Regional Director recommended that the challenges be overruled as
to three of the voters: G. F. Turner, Hardin Turner, and Adolph
Vermont, Jr., but recommended that the remainder of the challenges
be sustained. The objections to the Election Report and the Supple-
mental Election Report alleged that the Regional Director's rulings
were in error insofar as he overruled the challenges; and further al-
leged that the presence of an organizer for the Union as an observer
at the election constituted intimidation. The Regional Director found
that the charge of intimidation was unfounded. That finding is
affirmed.' With respect to the challenges, the record discloses no
reason for departing from the Regional Director's rulings.
We find that the objections raise no substantial and material issues
with respect to the conduct of the ballot, the Election Report, or the
Supplemental Election Report. The various objections are therefore
overruled.
G. F. Turner, Hardin Turner, and Adolph Vermont, Jr., are clearly
within the appropriate unit, were eligible to vote, and their ballots
should have been counted. However, their votes cannot affect the
result of the election, since the Union has received 15 out of a total
of 26 valid-ballots cast. We shall therefore certify the Union as the
bargaining representative within the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CEETIFIED that Amalgamated Association of Street,
Electric Railway & Motor Coach Employees of America, Division 1268,
has been designated and selected by a majority of the drivers of Caro-
lina Scenic Coach Lines, Spartanburg, South Carolina, excluding
mechanics, supervisors, dispatchers, and clerical employees, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the National Labor Relations Act, Amal-
2 At the close of the Election the Company 's observer signed a Certification that except
as to the challenges the balloting was fairly conducted ; that all eligible voters were
given an opportunity to vote their ballots in secret; and that the ballot boxes were
protected in the interests of a fair and secret vote.
1116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gamated Association of Street, Electric Railway & Motor Coach Em-
ployees of America, Division 1268, is the exclusive representative of
all 'such employees for the purposes of collective bargaining., with re-
spect to rates of pay, wages, hours of employment, and other conditions
of employment.