Dealers Transport Co., Inc.

National Labor Relations Board - Board Decisions

Oct 11, 1940

27 N.L.R.B. 792 (N.L.R.B. 1940)

In the Matter-of DEALERS TRANSPORT COMPANY, INC." and INTERNA-
TIONAL BROTHERHOOD CF TEAMSTERS , CHAUFFEURS, STABLEMEN AND
HELPERS OF AMERICA, AFFILIATED WITH A. F. L.
Case No. C-1687.Decided October 11, 1940 `
Jurisdiction : motor fransporfafion industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation..
Mr. Samuel M. Spencer, for the Board.
Messrs. James W. Wrape and N. F. Schilling, of Memphis , Tenn.,
for the respondent
Mr. `Odell Smith, of Little Rock, Ark., for the Union'.
Mr. W. H. Cr'eson, of Memphis, Tenn'., for the Club.
Mr. Harold Weston, of couhsel- to the Board
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended charges duly filed by International Bfotherhood of
Teamsters, Chauffeurs, Stablemen and Helpefs of America, affiliated
with the American Federation of Labor, herein called the Union, the
National Labor Relations Board, herein called the Board, by the
Regional Director for the Fifteenth Region (New Orleans, Loui-
siana) issued its complaint dated September 10, 1940, against Dealers
Transport Company, Inc.,' Memphis, Tennessee, herein called the re-
pondent, alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce within the
meaning of Section 8 (1), (2), and (3) 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 notice of hearing,
were duly served upon the respondent, upon the Union, and upon the
Dealers Drivers Club, herein called the Club.
1 The respondent is also referred to as "Dealers Transport Co." and as "Dealers Trans-
port Company" at various points in the pleadings and other formal documents in the case.
27 N. L. R. B., No. 141.
792
DEALERS TRANSPORT COMPANY, INC. _ 793,
Regarding the unfair labor practices, the complaint alleged, in sub-
stance, that the respondent dominated and interfered with the for-
mation and administration of the Club and contributed support
thereto; that the respondent discharged and refused to reinstate 8
named employees because of their membership in and activities in be-
half of the Union; and that by the aforesaid acts and by urging the
employees to form an independent labor organization, by threat-
ening its employees with discharge if they joined the Union or failed
to join the Club, by permitting assaults on members of the Union dur-
ing working hours committed by other employees, and by other acts,
the respondent interfered with, restrained, and coerced its employees
in the exercise of the rights guaranteed in Section 7 of the Act. On
September 23, 1940, the respondent filed its_ answer to the complaint
admitting that it is engaged in interstate commerce within the mean-
ing of the Act, but denying all allegations with respect to the unfair
labor practices..
Pursuant to notice, a hearing was held in Memphis, Tennessee, on
September 23, 1940, before William B. Barton, the Trial Examiner
duly designated by the Board. The Board, the respondent, the
Union, and the Club were represented by counsel and participated
in the hearing. Full opportunity to be heard, to examine and cross-
^examine witnesses, and to introduce evidence bearing upon the issues
was afforded all parties. During the hearing, the respondent, the
Union, the Club, and counsel for the Board entered into a stipula-
tion in settlement of the case, subject to approval by the Board. The
stipulation provides as follows :
DEALERS TRANSPORT COMPANY, INC. (hereinafter referred to
as the respondent) by its President, N. F. Schilling; INTERNA-'
TIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , STABLEMEN AND
HELPERS OF AMERICA, AFFILIATED WITH THE A. F. OF L. (herein-
after referred to as the union), by its representative, Odell
Smith; DEALERS DRIvERs CLUB (hereinafter referred to as the
Club), by its President, W. H. CRESON; and SAMUEL M. SPENCER,
attorney, NATIONAL LABOR RELATIONS BOARD, FIFTEENTH REGION
(hereinafter referred to as the Board), hereby stipulates and
agrees as follows :
On or about August 10, 1940, the Union filed with the Regional
Director of the National Labor , Relations Board, Fifteenth
Region, a charge against the Respondent, containing the follow-
ing allegations : That the Respondent had violated Section 8,
subsections (1), (2) and (3) of the National Labor Relations
Act, in that the Respondent on or about April 14, 1940, did
sponsor , encourage and cause to be formed a labor organization
794 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
i
known as the Dealers Drivers Club, and has since, through
its officers, agents and employees, dominated, restrained,
coerced and interfered with the activities of the said labor
organization, and on or about the dates set opposite their names
did discharge the following individuals : L. Q. Downs, April
2, 1940; John Beach, April 4, 1940; P. J. Wann, April 4, 1940;
C. C. Richardson, April 4, 1940; W. P. Garrett, April 9, 1940;
Albert Swank, May 20, 1940; Frank Swank, May 20, 1940;
Horace Pope, May 20, 1940; W. E. Andrews, March 28, 1940;
Jack Huggins, April 4, 1940, all truckdrivers ; because of their
membership and .activity in the International Brotherhood of
Teamsters, Chauffeurs, Stablemen and 'Helpers of America;
affiliated with the A. F. of L., and derogatory statements
against the union were made by the respondent through its
officers, agents and employees : The union is a labor organization
within the meaning of Section Two, Subsection 5 of the National
Labor Relations Act: The Dealers Drivers Club is a labor organ-
ization within the meaning of Section 2, Subsection- 5 of the
National Labor Relations Act.
1. Respondent acknowledges service upon it of a formal com-
plaint issued by the Regional Director for the Fifteenth Region
of The National Labor Relations Board. The Club, though 'it
denies it is a labor organization within the meaning of the N. L.
R. B., acknowledges service upon it of the same complaint and
hereby waives the right to file any answer herein. The respond-
ent and the Club specifically waive their rights to participate
in a hearing before a Trial Examiner of the Board, to receive an
Intermediate Report, and to file any exceptions to any findings
or recommendations which might have been rendered by such
Trial Examiner in a hearing.
2. Respondent is a Corporation chartered under and by virtue
of the laws of the State of Tennessee, having its office and -prin-
cipal place of business at Memphis, Tennessee. It is engaged
in the business of transporting Ford automobiles, trucks, and
tractors, in interstate commerce, from the Ford Assembly Plant
at Memphis, Tennessee, to, into, and through states of the
United States other than the State of Tennessee, including the
states of, Arkansas, Missouri, 'Illinois, Kentucky, Mississippi,
Louisiana, Alabama, and other states. The company operates
in excess of fifty (50) transport trailer trucks, to, into and
through the aforementioned states.
The Company operates its business' under franchises secured
from the Interstate Commerce Commission. It admits that it is
subject-to the jurisdiction of the National Labor Relations Board,
DEALERS TRANSPORT COMPANY, INC. 795
and is engaged in interstate commerce within the meaning of
Section 2, Subdivision 6, of the National Labor Relations Act.
The respondent, Dealers Transport Company, having filed its
answer denying all allegations in said complaint;
3. It is further stipulated and agreed by the parties that the
Board may enter an order herein, and the parties specifically
waive their rights to the making of findings of fact, and con-
clusions of law by the Board.
4. On the basis of the foregoing facts, the pleadings and the
record herein, the Respondent, the Club, and the Union, agree
that the Board may enter a compliance and consent order, as
follows :
ORDER
Upon the basis of this STIPULATION and the pleadings and
record herein, and pursuant to Section 10-C of the National
Labor Relations Act, the National Labor Relations Board here-
by order that the Respondent, its officers, agents, successors, and
assigns, shall:
1. Cease and desist :
(a) From in any manner discouraging membership in the
International Brotherhood of Teamsters, Chauffeurs, Stable-
men and Helpers of America, affiliated with the A. F. of L., or
any other labor organization of its employees, by laying off,
discharging, or refusing to reinstate, or otherwise discriminate
against its employees in respect to hire or tenure of employment.
(b) From recognizing the DEALERS DRIVERS CLUB as the repre-
sentative of any of its employees, for the purpose of dealing
with the Respondent, concerning grievances, labor disputes,
rates of pay, wages, hours of employment, or other conditions
of employment; from giving any effect to any bargaining con-
tract with the said DEALERS DRIVERS CLUB; and completely dis-
establishing said Organization as said representative;
(c) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-
organization, to form, join or assist labor organizations, to bar-
gain collectively, through representatives of their own choosing,
and to engage in concerted activity, for the purpose of collective
bargaining, and other- mutual aid and protection as guaranteed
in Section 7 of the NATIONAL LABOR RELATIONS ACT.
2. Take the following affirmative action, which the Board
finds will effectuate the policies of the Act :
(a) Make whole L. Q. Downs, P. J. Wann, C. C. Richard-
son, W. P. Garrett; Albert Swank, Frank Swank, and Horace
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
Pope, for any loss of pay they may have suffered by reason of
the Respondent's discrimination in regard to the terms and
conditions or hire and tenure of their employment by pay-
ment to each of them the following amounts set opposite their
names respectively: L. Q. Downs, $50.00; P. J. Wann, $323.00;
C. C. Richardson, $500.00; W. P. Garrett, $75.00; Albert
Swank, $275,00; Frank Swank, $275.00; Horace Pope, $190.00.
(b) Withdrawal of all recognition from the Dealers Drivers
Club as the representative of any of its employees for the pur-
pose of bargaining collectively with the Respondent; from
giving any effect to any contract it might have with the said
Club ; and completely disestablish its relations with said
organization as its representative.
(c) Immediately post notices in the form supplied by the
Board attorney, in conspicuous places at each of, its places of
business visited by its truckdrivers and maintain such notices
for a period of ninety, (90) consecutive days from the date of
such -posting.
(d) Notify the Regional Director for the Fifteenth region
in writing within ten (10) days from the date of this order
what steps the Respondent has taken to coply therewith.
(e) So much of the complaint and the charge herein which
allege that John Beach, W. E. Andrews, and Jack Huggins
were discharged in violation of Section 8 (3) of the Act are
hereby dismissed with prejudice.
5. The record shall consist of the amended charge, the complaint
and this stipulation, the answer of the Respondent, and the Record
before this Examiner, and said Record shall be filed with the
Chief Trial Examiner of the National Labor Relations Board
which has offices in the Shoreham Building, Washington, D. C. ,
6. The Respondent and the Club hereby consent to the entry
by an appropriate Circuit Court of Appeals of the United States
of a•decree enforcing an order of the Board in the form above, and
expressly waive their rights to receive notice of the filing of an
application for the entry of such decree.
7. It is further stipulated and agreed by and between all the
parties hereto, that the payment of the monies referred to here-
inabove in Section 2 (a) of the Order, shall be made to each of
the individuals named therein, at the adresses furnished by the
Board in three equal installments over a period of four months
from the time of the approval of this stipulation by the Board.
8. The entire agreement of the undersigned parties is con-
tained within the terms of this stipulation, and there is no verbal
DEALERS TRANSPORT COMPANY, INC. 797
agreement of any kind which varies, alters or adds to the
stipulation.
9. This entire stipulation, and the proposed order contained
herein, is subject to the approval of the National Labor Relations
Board, and shall have no force and effect until such approval
has been given.
On October 1, 1940, the Board issued its order approving'the above
'stipulation and making it part of the record in the case.
Upon the above stipulation and the entire record'in,the case, the
Board makes the following :
FINDINGS ' OF FACT '
1. THE BUSINESS OF THE RESPONDENT
Dealers Transport Company, a- Tennessee corporation with its
office and principal place of business, at Memphis, Tennessee, is en-
gaged in the business of transporting Ford automobiles, trucks, and
tractors, in interstate commerce, from the Ford Assembly Plant at
Memphis, Tennessee, to, into, and through Arkansas, Missouri,
Illinois, Kentucky, Mississippi, Louisiana, Alabama, and other States.,
The respondent operates in excess of fifty (50) transport trailer
trucks, to, into, and through the afore-mentioned States. -
The respondent operates its business under franchises obtained
from the Interstate Commerce Commission.
We find that the above-described operations constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
ORDER '
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the Board hereby orders that Dealers
Transport Company, Inc., its officers, agents, successors, and assigns
shall :
1. Cease and desist :
(a) From in any manner discouraging membership in the Inter-
national Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, affiliated with the A. F. of L., or any other
labor organization of its employees, by laying off, discharging, or
refusing to reinstate, or otherwise discriminating against its em-
ployees in respect to hire or tenure of employment;
(b) From recognizing the Dealers Drivers Club as the representa-
tive of any of its employees, for the purpose of dealing with the
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respondent concerning grievances, labor disputes, rates of pay, wages,
hours of employment, or other conditions of employment, and from
giving any effect to any bargaining contract with the said Dealers
Drivers Club;
(c) From in any manner interfering with, restraining or coercing
its employees in the exercise of their rights to self-organization, to
form, join or assist labor organizations, to bargain; ;collectively
through representatives of their own choosing, and to engage in
concerted activity, for the purpose of collective bargaining, and
other mutual aid and protection as guaranteed in Section 7 of the
Act.
2. Take the following affirmative action, which the Board finds
will effectuate the policies of the Act :
(a) Make whole L. Q. Downs, P. J. Wann, C. C. Richardson, W.
P: Garrett, Albert Swank, Frank Swank, and Horace Pope, for any
loss of pay they may have suffered by reason of the respondent's
discrimination in regard to the terms and conditions or hire and
tenure of. their employment by payment to each of them the follow-
ing amounts set opposite their names respectively: L. Q. Downs,
$50.00; P. J. Wann, $323.00; C. C. Richardson, $500.00; W. P. Gar-
rett, $75.00; Albert Swank, $275.00; Frank Swank, $275.00; Horace
Pope, $190.00;
(b) Withdraw all recognition from the Dealers Drivers Club as
the representative of any of its employees for the purpose of bar-
gaining collectively with the respondent, and completely disestablish
its relations with said organization as such representative;
(c) Immediately post notices in the form supplied by the Board
attorney, in conspicuous places at each of its places of business
visited by its truck drivers and maintain such notices for a period
cf ninety (90) consecutive days from the date of such posting;
(d) Notify the Regional Director for the Fifteenth Region in
writing within ten (10) days from the date of this Order what steps
the respondent has taken to comply therewith.
IT IS FURTHER ORDERED that the complaint and charge herein, in so
far as they allege that the respondent has engaged in unfair labor
practices within the meaning of Section 8 (3) of the Act by dis-
charging John Beach, W. E. Andrews, and Jack Huggins, be, and
they hereby are, dismissed with prejudice.