City Service Transit Co.

National Labor Relations Board - Board Decisions

Apr 9, 1942

40 N.L.R.B. 354 (N.L.R.B. 1942)

In the Matter of CITY SERVICE TRANSIT Co. and BROTHERHOOD OF
RAILROAD TRAINMEN
Case No. C-2148.Decided April 9, 1942
Jurisdiction : bus transportation industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders : entered on stipulation.
Mr. Drexel A. Sprecher, for the Board.
Harkavy and Lieb, by Mr. Abraham I. Harkavy, of Newark, N. J.,
for the respondent.
Mr. Frank C. Mooney, of Jersey City, N. J., for the Brotherhood.
Mr. Jerome L. Kessler, of Newark, N. J., for the Independent.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Brotherhood of
Railroad Trainmen, herein called the Brotherhood, ' the National
Labor Relations Board, herein called the Board, by the Regional
Director for the Second Region (New York City), issued its complaint
dated January 5, 1942, against City Service Transit Co., Newark,
New Jersey, herein called the respondent, alleging that the respondent
had engaged in and was engaging in unfair labor practices affecting
commerce, within the meaning of Section 8 (1), (2); (3), and (5) and
Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. Copies of the complaint, accompanied
by a notice of hearing, were duly served upon the responndent, the
Brotherhood, and City Transit Independent Local, herein called the
Independent, a labor organization alleged in the complaint to be
dominated and supported by the respondent.
Concerning the unfair labor practices, the complaint alleged, in
substance, that the respondent (1) on and after March 25, 1941,
refused to bargain collectively with the Brotherhood, although the
Brotherhood had been designated by the majority of the respondent's
40 N. L. R. B, No. 58.
354
CITY -SERVICE TRANSIT Co. 355
employees within an appropriate unit as their representative for the
purposes of collective bargaining; (2) through its refusal to bargain
collectively with the Brotherhood caused its employees on or about
April 5, 1942, to cease work concertedly and to go on strike and
remain on strike until on or about April 20, 1941; (3) on or about
'April 12, 1941,, initiated, formed and sponsored the Independent and
assisted, dominated, contributed to the support of, and interfered
with the administration of said Independent; (4) on or about May 28,
1941, entered into a collective bargaining agreement with the Inde-
pendent relating to terms and conditions of employment of its em-
ployees; (5) on or about June 7, 1941, discharged, and thereafter
refused and continues to refuse to reinstate six of its named employees
because they joined or assisted the Brotherhood and because they re-
fused to join or assist the Independent; (6) on and after March 15.,
1941, vilified, disparaged, and expressed disapproval of the Brother-
hood; interrogated its employees concerning their union affiliations;
urged, persuaded, threatened, and warned its employees to refrain from
assisting, becoming members of, or remaining members of the Broth-
erhood; and, - from on or about April 12, 1941, urged, persuaded,
threatened,'and warned its employees to assist, become members of,
or remain members of the Independent; and (7) by the foregoing
acts interfered with, restrained, and coerced its employees in the
exercise of the rights guaranteed in Section 7 of the Act.
On or about January 15. 1942, the respondent filed its answer to
the complaint which, denied that the respondent had engaged in -the
alleged unfair labor practices and set forth certain affirmative de-
fenses. On or about January '31, 1942, the Independent filed a peti-
tion,to intervene, which was referred to the Trial Examiner.
. Pursuant to notice, a hearing was held on February 16, 17, 18, 19.
and 20, 1942, at New York City, before George Bokat, the Trial
Examiner duly designated by the Chief Trial Examiner. The Board,
the respondent, the Brotherhood, and the Independent were repre-
sented"and participated in the hearing. At the hearing the Trial
Examiner granted the motion of the Independent to intervene to
the-extent to which the proceedings affected its interests. The ruling
)s hereby affirmed.
After the close of the hearing the respondent, the Brotherhood, the
Independent; and counsel for the Board entered into a stipulation
dated March 11, 1942, in settlement of the case, subject to the ap-
proval of the Board. This stipulation provides as follows:
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
STIPULATION
1
Charges having been filed by the Brotherhood of Railroad
Trainmen with the Regional Director of the National Labor
Relations Board, hereinafter called the Board, for the Second
Region, New York City, alleging that City, Service Transit Co.,
hereinafter called the "Respondent", has engaged in unfair labor
practices within the meaning of Section 8 , subsections ( 1), (2),
(3) and ( 5) of the National Labor Relations Act, hereinafter
called the "Act"; the Board, by its Regional Director, having
duly issued and served a complaint and notice of hearing upon
all parties , service of which is hereby acknowledged by all par-
ties; said complaint alleging that the respondent had engaged
in unfair labor practices within the meaning of Section 8, sub-
sections ( 1), (2), (3) and ( 5) of the Act ; answers having been
filed by the Respondent ; hearings having been held from Febru-
ary 16 through February 19, 1942, during which hearing the
City Transit Independent Local intervened as a party in interest,
and it being the desire of all parties to settle and dispose of this
proceeding;
IT IS HEREBY STIPULATED AND AGREED by and between the Re-,
spondent, the Brotherhood of Railroad Trainmen, the City
Transit Independent Local and Drexel A. Sprecher , attorney
for the Board, that:
- I. The Respondent is a corporation duly organized under and
existing by virtue of the laws of the State of New Jersey , having
its principal office and place of business at 875 Summer Avenue,
Newark, New Jersey. The Respondent is engaged in operating
regular bus lines from North Newark, New Jersey, to Ruther-
ford, New Jersey , and from Rutherford , New Jersey , to Teaneck,
New Jersey , and is also engaged in operating buses under charter
for both interstate and intrastate runs.
II. The Respondent , in the course and conduct of its business,
for the year 1941 , caused and since then has continuously caused
over 75 'percent of the materials used in the operations of its
business to be purchased, delivered and transported in interstate
commerce from and through the States of the United States other
than the State of New Jersey; in the operation of its regular
bus lines the Respondent carries a large number of passengers
who are in the course of commuting between places in the State
of New Jersey and New York City , in the State of New York.
In the operation of chartered buses the Respondent uses approxi-
mately one-half of its fleet of buses for interstate charter work.
All these buses are registered in at least six States other than
the State of New Jersey, and in doing interstate charter work,
CITY SERVICE TRANSIT CO. 357
the Respondent operates subject to the rulings of the Interstate
Commerce Commission. During the year -1941, the total reve-
nues of the Respondent derived from, the operation of regular
bus lines and 'from charter work exceeded $80,000. ,
III. The Respondent concedes that it is engaged in interstate
commerce within the meaning of the National Labor Relations
Act.
IV. Brotherhood of Railroad Trainmen, hereinafter called
the "Brotherhood," and City Transit Independent Local, herein-
after called the "Independent," are each labor organizations
within the meaning of Section 2, subdivision (5) of the Act.
V. The Respondent, the Brotherhood and the Independent,
each waive any and all rights to a further hearing in this pro-
ceeding by or before the Board, and each waives its rights in
the making of findings of fact and conclusions of, law by the
Board, except as hereinafter set forth.
VI. All bus operators of the Respondent, exclusive of office,
garage and supervisory employees, constitute a unit appropriate
for purposes of collective bargaining within the meaning of
Section 9, subdivision (b) of the Act. The Brotherhood has
been designated as and is the representative of all the employees
in said unit for the, purposes of collective bargaining within the
:meaning of Section 9, subdivision (a) of the Act.
VII. The parties hereto hereby agree to the issuance by the
Board, without further notice or proceeding, of an order, sub-
stantially in the following form, which order shall have the
same force and effect as if made after full hearing, presentation
of evidence and the making of findings of fact and conclusions
of law :
ORDER
Respondent, its officers, agents, successors and assigns, shall:
1. Cease and desist from-
(a) In any manner interfering with, restraining or coercing
its employees in the exercise of their rights to self-organization,
to form, join or assist a labor organization, to bargain collec-
tively through representatives of their own choosing, and to en-
gage in concerted activities for the purpose of collective bargain-
ing or other mutual aid or protection, as guaranteed by Section 7
of the National Labor Relations Act.
(b) Dominating or interfering with the formation or ad-
ministration of the City Transit Independent Local or any other
labor organization and from lending support, financial or other-
wise, to City Transit Independent Local or any other labor
organization.
358 DECISIONS OF NATIONAL ;LABOR RELATIONS BOARD
(c) Discouraging membership in Brotherhood of Railroad
Trainmen or any other labor organization of its employees, by
discriminating in regard to their hire and tenure of employment
or any term or condition of their employment. -
(d) Refusing to bargain collectively with Brotherhood of
Railroad Trainmen as the exclusive representative of its bus
operators, exclusive of office, garage and supervisory employees.
2. Take-the following affirmative action to effectuate the poli-
cies and purposes of the National Labor Relations Act:
(a) Bargain collectively, upon request, with the Brotherhood
of Railroad Trainmen as representative of the majority of its
bus operators, exclusive of office, garage and supervisory em-
ployees.
(b) Withdraw all recognition from City Transit Independent
Local, as the representative of any of its employees, for the pur-
pose of dealing with the Respondent, concerning grievances,
labor disputes, rates of pay, wages, hours of work, or other con-
ditions of employment; completely disestablish said Independent
as such representative, by notifying said Independent that recog-
nition has been 'withdrawn and that any and all contracts and
agreements between the Respondent and said Independent are
void and of no effect.
(c) Offer to John DeMeo, Thomas Goglia, John Hull, John
Pedone, Charles Schwab, and Thomas Sparta, immediate and
full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority and other rights
and privileges.
(d) Make whole John DeMeo, Thomas Goglia, John Hull,
John Pedone and Thomas Sparta, and each one of them, for
earnings lost between June 7, 1941 and the date of offer of re-
instatement, by paying to each of them, respectively, the follow-
ing sums of money :
John DebZeo--------------------------------------- $752.73
Thomas Goglia------------------------------------ 880.09.
John Hull----------------------------------------- 436.82
John Pedone-------------------------------------- 581.31
Thomas Sparta------------------------------------ 325.40
(e) Immediately post copies of the notice attached hereto and
made a part hereof, and marked Appendix A, in conspicuous
places throughout the Respondent's premises , and maintain said
notices for a period of sixty (60) consecutive days from the
posting of such notice;
The notice is set forth as Appendix "A" to this Decision and Order.
CITY SERVICE TRANSIT CO. 359
(f) Notify, the Regional Director for the National Labor
Relations Board, for the Second Region, within ten (10) days
of the date of the approval of the National Labor Relations
Board of the stipulation upon which this order is based, what
steps the Respondent has taken to comply therewith.
VIII. The parties hereto hereby agree and consent to the
entry of the proper Circuit Court of Appeals of an order en-
forcing the terms of the Board's Order 'described in Paragraph
VII of this stipulation. It is further agreed that the parties
hereto hereby waive notice of the application by the National
Labor Relations Board to said Circuit Court-of Appeals for said
enforcement order and waive all rights to contest the entry of_
said order.
IX. The entire agreement between the parties with respect to
the settlement of the issues in this proceeding is contained
within.the terms of this instrument, and there is no verbal agree-
ment of any kind which varies, alters or adds, to this stipu-
lation.
X. This stipulation is subject to the approval of the National
Labor Relations Board and shall become • effective immediately
upon such approval.
XI. The amended charge filed by the Brotherhood, the com-
plaint, notice of hearing, the answer of the Respondent, and this
stipulation shall be filed with the office of the Chief Trial Exam-
iner in Washington, D. C., and shall constitute the entire record
in this proceeding.
On March 30, 1942, the Board issued its order approving the above
stipulation, making it part of the' record in the case, and pursuant
to Article II, Section 36, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, transferring the proceeding
to the Board for the purpose of entry of a decision and order by the
Board pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in the
case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
City Service Transit Co., a New Jersey corporation , having its
principal office and place of business in Newark , New Jersey, is en-
gaged in operating regular bus lines from North Newark , New Jersey,
to Rutherford , New Jersey , and from Rutherford, New Jersey, to
Teaneck , New Jersey , and is also engaged in operating buses under
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
charter for both interstate and intrastate runs . In the operation of
chartered buses the respondent uses approximately one-half of its
fleet of buses for interstate charter work. During 1941 the respond-
ent purchased materials , 75 percent of which were shipped to and
from points outside the State of New Jersey . During the same period
the respondent derived from the operation of regular bus lines and
from charter work total revenues in the amount exceeding $80,000.
The respondent admits that it is engaged in commerce within the
meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that City Service Transit Co., Newark, New Jersey, its
officers, agents , successors , and assigns, shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining , or coercing its
employees in the exercise of their rights to self -organization , to form,
join, or assist a labor organization , to bargain collectively through
representatives of their own choosing , and to engage in concerted
activities for the purpose of collective bargaining or other mutual
aid or protection , as guaranteed by Section 7 of the National Labor
Relations Act;
(b) Dominating or interfering with the formation or administra-
tion of the City Transit Independent Local or any other labor organ-
ization and from lending support, financial or otherwise , to City
Transit Independent Local or any other labor organization;
(c) Discouraging membership in Brotherhood of Railroad Train-
men or any other labor organization of its employees , by discriminat-
ing in regard to their hire and tenure of employment or any term
or condition of their employment;
(d) Refusing to bargain collectively with Brotherhood of Railroad
Trainmen as the exclusive representative of its bus operators , exclu-
sive of office, garage , and supervisory employees.
2. Take the following affirmative action to effectuate the policies
and purposes of the National Labor Relations Act:
(a) Bargain collectively , upon request , with the Brotherhood of
Railroad Trainmen as representative of the majority of its bus
operators , exclusive of office, garage and supervisory employees;
(b) Withdraw all recognition from City Transit Independent
Local, as the representative of any of its employees , for the purpose
CITY SERVICE TRANSIT CO. ' 361
of dealing with the respondent, concerning grievances, labor disputes,
rates of pay, wages, hours of work, or other conditions of employ-
ment; completely disestablish said Independent as such representa-
tive, by notifying said, Independent that recognition has been with-
drawn and that any and all contracts and agreements between the
respondent and said Independent are void and of no effect;
(c) Offer to John DeMeo, Thomas Goglia, John Hull, John
Pedone, Charles Schwab, and Thomas Sparta, immediate and full
reinstatement to their former or substantially equivalent positions,
without prejudice to their seniority and other rights and privileges;
(d) Make whole John DeMeo, Thomas Goglia, John Hull, John
Pedone and Thomas Sparta, and each one of them, for earnings
lost between June 7, 1941, and the date of offer of reinstatement, by
paying to each of them, respectively, the following sums of money:
John DeMeo-------------------------------------------- $752.73
Thomas Goglia----------------------------------------- 880.09
John Hull---------------------------------------------- 436.82
John Pedone-------------------------------------------- 581.31
Titbmas Sparta----------------------------------------- 325.40
(e) Immediately .post copies of the notice attached hereto and
made a part hereof, and marked Appendix A, in conspicuous places
throughout the respondent's premises, and maintain said notices for
a period of sixty (60) consecutive days from the posting of such
notice;
(f) Notify the Regional Director for the National Labor Relations
Board, for the Second Region, within ten (10) days of the date of
the approval of the National Labor Relations Board of the stipula-
tion upon which this Order is based, what steps the respondent has
taken to comply, therewith.
APPENDix A
NOTICE TO EMPLOYEES OF CITY SERVICE TRANSIT CO.
Posted pursuant to agreement with the National Labor Relations
Board.
1. The City Service Transit Co. will not in any manner interfere
with, restrain or coerce its employees in the exercise of their rights
to self-organization, to form, join or assist any labor organization,
to bargain collectively through representatives of their own,choosing
and to engage in concerted activities for the purposes of collective
bargaining and other mutual aid or protection as guaranteed by,Sec-
tion 7 of the National Labor Relations Act.
2. The City Service Transit Co. will not dominate or interfere
with the formation or administration of any labor organization of
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its employees, and will not contribute financial or other support to
any labor organization of its employees.
3. City Service Transit Co. withdraws, and will refrain from all
recognition of City Transit Independent Local as the representative
of any of its employees for the purpose of collective bargaining and
completely disestablishes it as such representative, and all contracts,
agreements, understandings and arrangements elitered into between
the City Service Transit Co. and the City Transit Independent Local,
including the agreement, dated May 28, 1941, are cancelled and will
not be given effect.
4. City Service Transit Co. will not urge, persuade or warn its
employees from becoming or remaining members of the Brotherhood
of Railroad Trainmen, and it will not threaten the said employees
with discharge and other reprisals if they become members thereof.
5. City Service Transit Co. will not discourage membership in the
Brotherhood of Railroad Trainmen, or any other labor organization;
by discriminating in regard to hire and tenure of employment or
term or condition of employment.
6. City - Service Transit - Co. - will reinstate John DeMeo, Thomas
Goglia, John Hull, John Pedone, Charles Schwab and Thomas Sparta
to their positions, without prejudice to their seniority or other rights
and privileges. ,
7. City Service Transit Co. will bargain collectively with the
Brotherhood of Railroad Trainmen, as the representatives of its
bus'operators, exclusive of office, garage and- supervisory employees,
in respect to rates of pay, wages,.hours of work and- other conditions
of employment.
- Dated :
CITY SERVICE TRANSIT CO.
By ------------------------
Official