City of Boston Cab Association

National Labor Relations Board - Board Decisions

Jun 26, 1969

177 N.L.R.B. 64 (N.L.R.B. 1969)

64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
City of Boston Cab Association and United
Industrial Workers of North America of the
Seafarers International Union of North America -
Atlantic, Gulf, Lakes and Inland Waters District
of the Seafarers International Union of North
America, AFL-CIO, Petitioner. Case 1-RC-10366
June 26, 1969
DECISION AND DIRECTION OF
ELECTION
BY MEMBERS FANNING, BROWN, AND JENKINS
Upon a petition duly filed on December 26, 1968,
under Section 9(c) of the National Labor Relations
Act, as amended, a hearing in this case was held on
January 16 and 17, 1969, before Hearing Officer
Robert D. McGrath. Pursuant to Section 102.67 of
the National Labor Relations Board Rules and
Regulations, the above-entitled matter was duly
transferred by the Regional Director for Region 1 to
the Board for consideration. The Petitioner and
Employer filed briefs.
Pursuant to the provisions of Section 3(b) of the
Act, as amended, the Board has delegated its powers
in connection with this case to a three-member
panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error and they are hereby
affirmed.
Upon the entire record in this case, the Board
finds:
1. The Union seeks a unit of all employees of the
Employer holding the position of taxicab "starter"
at Logan International Airport. The Employer
contends that the petition should be dismissed on
the grounds that (1) it does not meet the Board's
jurisdictional standards; (2) the starters are
inextricably associated with the operations of the
Massachusetts Port Authority and State police at
the airport and as a matter of policy the Board
should not exercise jurisdiction; (3) pursuant to the
provisions of Section 9(b)(3) disqualifying labor
organizations from representing guards which admit
to membership employees other than guards, the
Union cannot be certified as the representative of
the starters; and (4) it is not the employer of the
starters for purposes of the Act.
The City of Boston Cab Association, hereafter the
Association, is a voluntary organization of taxicab
owners and operators in the city of Boston. The
Association seeks to create better conditions for its
members by pressing for the passage of certain laws
and obtaining rate increases. By request of its
members, the Association also screens applicants for
jobs as taxicab operators, giving eye tests, driving
tests, and checking the applicants' police and
accident records. Its members own between 1,000
and 1,100 of the city's l.,525 licensed cabs.
By informal agreement with the Massachusetts
Port Authority, hereafter the MPA, the Association
conducts the starter service for taxicabs at Logan
International Airport. At least since March 12,
1962, the MPA has published a comprehensive set
of rules and regulations governing the operation of
taxicabs, limousines , motor buses, and charter
automobiles at the airport. These rules and
regulations appear to regulate both the flow of
commercial vehicular traffic and the conduct of
vehicle operators while on airport premises and
prevent excessive charges to airport patrons for
these services. They define the position of starter
and contain provisions for their use in connection
with taxicab and limousine services. As to both
types of service, the regulations stipulate that "only
persons designated and authorized to act as such by
the (airport) Manager or his duly authorized
representative, shall act at any time as Starters to
direct the operations and movements" of these
vehicles. Another provision states that the starter,
at all times, shall require the operator of the class
of vehicle to which he is assigned to comply strictly
with these Rules and Regulations."
The starter service is under the direct control of a
taxi manager. Though subject to some extent to the
approval of the MPA and the State police, it
appears that the taxi manager is hired by the
Association's airport committee which is in charge
of making all arrangements relating to the services
rendered at the airport. It appears further that the
airport committee also determines the salary to be
paid to the taxi manager . The taxi manager hires
the starters,' regulates their working hours, sets their
salaries, grants pay raises, and generally supervises
their work.
By authority of the MPA, which regulates the fee
charged for the starter service, the Association
collects 10 cents from each taxicab operator who
picks up a fare at the airport. In 1968, total receipts
from this operation exceeded $70,000. Although not
specifically required by its agreement with the
MPA, the Association deposits these receipts in a
"payroll account." The Association pays out of this
account the salaries of the starters and taxi
manager , and a proportionate share of its office
secretary's salary for services rendered in connection
with the starter operation.' It also pays the
employees' social security, unemployment, and
workmen's compensation taxes, and provides such
things as uniforms, caps, and tickets. When a deficit
arises in the payroll account, which may result from
airport shutdowns during inclement weather, the
Association assesses its members in order to pay the
starters' salaries.
'Although the MPA and the State police at times interview new
applicants and may reject them, the taxi manager is free to hire or reject
an applicant who has the approval of the MPA and the State police. On
occasion, the MPA may instruct the taxi manager to discharge a starter
who is not performing his duties satisfactorily.
'The Association maintains an office in Boston where it employs a
177 NLRB No. 11
CITY OF BOSTON CAB ASSN.
The starters, who are now called "taxicab
supervisors," are stationed outside the exits of the
main terminal building and the Northeast and
Eastern Air Lines terminals. It appears that they
have a booth near the main terminal building where
they sell serially numbered tickets to the taxicab
operators, but that they also sell tickets at other
points. In addition to the sale of the tickets as a
source of revenue, the tickets are used by the
starters to maintain an orderly flow of the cabs to
the passenger pickup points. Although the tickets at
one time carried the MPA stamp, they are now
stamped with the name of the Association. Each
starter makes a daily written report by serial
number of the tickets on hand both at the beginning
and end of his shift and of the funds collected. He
also submits written reports of infractions of the
rules by the taxicab operators. Although the MPA
has detailed rules and regulations which apply to
taxicab operators, it appears that the starters are
primarily concerned with the rules which relate
directly to the starter operation. Thus, the violations
reported include such incidents as jumping the line,
"clipping" or scooping a fare (picking up a fare
after discharging a passenger without first going to
the pool), and leaving the cab to solicit a fare.
On the basis of these facts, we do not find merit
in the Association 's contention that it is, in essence,
an instrumentality of the MPA and State police,
and is not the employer of the starters for purposes
of the Act.' The Association is a private
unincorporated association. Although subject to
some limitations, it establishes its own personnel
policies, including wages, hours, and working
conditions, and, insofar as the record shows, hires
and fires its employees completely free of the State's
regulations and merit system. The fact that the
starters are subject to the MPA rules and
regulations and to State police surveillance and the
fact that the fees charged for the starter service are
controlled by the MPA do not establish that the
Association is an instrumentality of the MPA and
the State Police. The Association is not
administered by State-appointed or publicly elected
individuals. It selects its own officers, pays its own
expenses, and owns its own property, including an
automobile. Therefore, we find that the City of
Boston Cab Association is an employer within the
meaning of Section 2(2) of the Act.'
treasurer-safety director and an office secretary. Except as noted above,
their salaries and the office rent are paid from membership dues which are
assessed at the rate of $1 per cab per month. The members have also been
assessed specially for the purchase of a car which the safety director uses
for safety checkouts of drivers of member cabs.
'Nor do we find merit in the Association's contention that the starters
are guards within the meaning of Sec. 9(bX3). While the starters enforce
rules and regulations of the MPA, the record shows that they are primarily
concerned with the rules relating to their principal function of moving
taxicabs to and away from the terminal exits. There is no evidence that
they are hired to perform guard duties such as protecting the property of
the Association or the airport, or checking the permits of the taxicab
operators to determine whether or not the operators may pcik up fares at
the airport Cf. Pinkerton's National Detective Agency, Ill NLRB 504.
65
We find further that the Association is the
employer of the starters for purposes of the Act.
While the record shows that the MPA has
participated to an unspecified extent, in such
matters as the hiring and firing of starters, we find
that the Association retains sufficient control over
the employment conditions of the starters to enable
it to bargain effectively with the Union. Thus, the
Association is free to hire or refuse to hire any
applicants for the position of starter even though
they have been recommended or approved by the
MPA. As noted above, the Association regulates the
starters' working hours, sets their salaries, grants
pay raises, and generally supervises their work. We
conclude, therefore, that the Association exercises
effective control over the working conditions of the
starters and is fully competent to bargain with the
Union in accordance with the provisions of the Act.'
The record shows that the starter service is
essential to the furnishing of taxicab service from
Logan International Airport into the city of Boston.
Logan International Airport handles both
continental and intercontinental flights and is one of
the busiest air terminals in the nation. It appears
that a substantial number of the passengers
travelling on these flights use taxicabs as a means of
transportation into Boston. Thus, a strike of the
starters is likely to cause considerable discomfort to
passengers in continental and intercontinental flight
and disrupt the flow of commerce.' We find,
therefore, that the starter service is an essential link
in the transportation of passengers in interstate
commerce. In H P 0 Service, Inc.' the Board
decided that it will assert jurisdiction over all
enterprises which function as essential links in the
transportation of passengers or commodities in
interstate commerce which derive at least $50,000
gross revenues per annum from such operations. As
the Employer derives in excess of $50,000 gross
revenues from the starter service operation, we find
that it will effectuate the policies of the Act to
assert jurisdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists
concerning the representation of employees of the
Employer within the meaning of Section 9(c)(1) and
2(6) and (7) of the Act.
4. We find that the following employees of the
Employer constitute a unit appropriate for the
purposes of collective bargaining within the meaning
of Section 9(b) of the Act:
All employees employed as taxicab starters, a/k/a
taxicab supervisors, at Logan International Airport,
but excluding office clerical employees, guards, and
supervisors as defined in the Act.
'Cf. Virginia Pilot Association, 159 NLRB 1733
'Cf Herbert Harvey, Inc, 171 NLRB No. 36.
'See Air Terminal Services, Inc., 67 NLRB 702, 705.
'122 NLRB 394.
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[Direction of Election °'9 omitted from publication.]
'in order to assure that all eligible voters may have the opportunity to be
informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc., 156 NLRB 1236, N L R B v Wyman-Gordon Company,
394 U S 759 Accordingly , it is hereby directed that eligible voters, must
be filed by the Employer with the Regional Director for Region 1 within 7
days of the date of this Decision and Direction of Election The Regional
Director shall make the list available to all parties to the election. No
extension of time to file this list shall be granted by the Regional Director
except in extraordinary circumstances Failure to comply with this
requirement shall be grounds for setting aside the election whenever
proper objections are filed.
'In the absence of objection , we shall grant the Petitioner's request that
it appear on the ballot in the following style . "U I W -S.I.U , AFL-CIO "