Carolina Scenic Coach Lines

National Labor Relations Board - Board Decisions

Aug 12, 1946

69 N.L.R.B. 1379 (N.L.R.B. 1946)

In the Matter Of CAROLINA SCENIC COACH LINES, EMPLOYER and
BROTHERHOOD OF RAILROAD TRAINMEN, PETITIONER
Case No. 10-R-1856.-Decided August 12,1946
Messrs. L. W. Perrin and L. W. Perrin, Jr., of Spartanburg, Sr. C.,
for the Employer.
Mr. J. R. Bailey, of Augusta, Ga., for the Petitioner.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Spartan-
burg , South Carolina, on June 20, 1946, before M. A. Prowell, Trial
Examiner . 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 National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Carolina Scenic Coach Lines, a South Carolina corporation, operates
a commercial bus line between Asheville, North Carolina, Spartan-
burg and Columbia, South Carolina, and Augusta, Georgia. It also
operates a line between Spartanburg, South Carolina, and Marion,
North Carolina.. The Employer's annual income exceeds $500,000,
of which approximately 10 percent is received from interstate busi-
ness. It annually purchases supplies exceeding $5,000 in value, of
which more than 40 percent is received from points outside the State
of South Carolina.
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
If. THE ORGANIZATION INVOLVED
The Petitioner is an unaffiliated labor organization claiming to
represent employees of the Employer.
69 N. L. R. B., No. 177.
1379
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit composed of all the Company's bus and
motor coach operators, excluding inspectors, full-time and part-time
dispatchers, clerical employees, maintenance personnel, and super-
visory employees. The Employer agrees with the composition of the
aforesaid unit except that it would include part-time dispatchers.
Stanley Goodwin, Howard Gibbs, and Sam Spence drive busses, but
regularly spend from 10 to 15 percent of their time as dispatchers.
The parties agree that these individuals are supervisory employees
when they act as dispatchers. In Matter of Carolina Scenic Coach
Lines,' a proceeding involving the Employer, we excluded part-time
dispatchers from a unit of drivers. For like reasons, we shall exclude
Goodwin, Gibbs, and Spence from this unit.
At the hearing the Petitioner contended that M. Goings, John Hayes,
and Boyd Gosnell should be excluded on the ground that they were
part-time dispatchers. However, the record discloses that Goings and
Hayes are full-time bus drivers, while Gosnell spends the majority of
his time driving a bus and the remainder doing work in the garage.
Under the circumstances, we shall include them in the unit.
We find that all the Employer's bus and motor coach operators 2
excluding full-time and part-time dispatchers,3 inspectors, clerical
employees, maintenance personnel, and all other supervisory employ-
ees 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 meaning 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, subject to the
limitations and additions set forth in the Direction.
At the hearing, the Petitioner requested that the pay-roll period
immediately preceding May 2, 1946, be used to determine voting eligi-
' 33 N. L. R. B. 528.
2 This includes M. Goings, John Hayes, and Boyd Gosnell.
3 This includes Stanley Goodwin, Howard Gibbs , and Sam Spence.
CAROLINA SCENIC COACH LINES 1381
bility on the ground that subsequent to that date several persons were
discriminatorily discharged and should be permitted to vote. The
Employer denied the Petitioner's contentions with respect to the dis-
charges. The proper way to test the lawfulness of a discharge is by
filing an unfair labor practice charge and not by altering the eligibility
date, as the Petitioner requests. Accordingly, the Petitioner's demand
for a departure from our usual practice in determining voting eligi-
bility is hereby denied.
Both parties specifically requested that the election be conducted by
mail ballot. We shall make no ruling on this matter for the Regional
Director, being on the scene, is best qualified to act on this request. In
accordance with customary procedure the Regional Director may con-
duct the balloting in whole or in part by mail if such procedure is
deemed by him to be expedient.
Finally, both parties request that we permit the use of mail ballots
by employees in the armed services.4 We are of the opinion that the
facts in this case are substantially the same as those in Matter o l South,
West Pennsylvania Pipe Lines.' Accordingly, as in that case, we shall
provide for the mail balloting of employees in the armed services who
fall within the appropriate unit, subject to the conditions hereinafter
mentioned.
The Regional Director shall mail ballots to employees within the
appropriate unit on military leave, provided one or more of the parties
hereto, within seven (7) days after the receipt of the Direction of Elec-
tion, files with the Regional Director, lists containing the names, most
recent addresses, and work classifications of such employees. The
Regional Director shall open and count the ballots cast by mail by em-
ployees on military leave, provided that such ballots must be returned
to and received by the Regional Office within thirty (30) days from
the date they were mailed to such employees by the Regional Director.6
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Carolina Scenic Coach Lines,
Spartanburg, South Carolina, an election by secret ballot shall be
conducted as early as possible, but not later than forty-five (45) days
4 There are seven employees in the armed services.
^64 N. L. R. B. 1384.
6 A free interchange between the interested parties of information on the addresses
and work categories of the employees to be voted by mail will be necessary , in order to
avoid challenges and post election objections . Accordingly , the Board will make available
to all parties any information of this nature furnished by any other party. In the event
that the parties should send the absentee voters information or literature bearing directly
or indirectly on the pending election , copies of all such documents should be simultaneously
filed with the Regional Office for inspection by or transmittal to the other parties. How-
ever, acceptance or transmittal of such literature by the Board's office is not to be con-
strued as conferring immunity on the filing party in the event that objections are later
interposed concerning its content . The usual principles will apply.
1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the date of this Direction, under the direction and supervision of
the Regional Director for the Tenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of National Labor Relations Board Rules and
Regulations-Series 3, as amended, 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,
including employees who did not work during said pay-roll period
because they were ill or on vaction or temporarily laid off, and includ-
ing employees in the armed forces of the United States, 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 Brotherhood
of Railroad Trainmen, for the purposes of collective bargaining.