East Texas Motor Freight Lines

National Labor Relations Board - Board Decisions

Mar 31, 1944

55 N.L.R.B. 967 (N.L.R.B. 1944)

In the Matter of EAST TEXAS MOTOR FREIGHT LINES and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS of AMERICA, A. F. of L., LOCAL No. 745
In the Matter of EAST TEXAS MOTOR FREIGHT LINES and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND
HELPERS OF AMERICA, A. F. or L., LOCAL No. 894
Cases Nos . 16-R-785 and 16-R-786, respectively .-Decided March 31,
1944
111r. Carl B. Callaway, of Dallas, Tex., for the Company.
Mr. T. T. Neal, of Dallas, Tex., for the Teamsters.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F.
of L., Local Union No. 745, and International Brotherhood of Team-
sters , Chauffeurs, Warehousemen and Helpers of America, Local Union
No. 894, herein called, collectively, the Teamsters, alleging that ques-
tions affecting commerce had arisen concerning the representation of
employees of East Texas Motor Freight Lines, at Tyler and Texarkana,
Texas , respectively, herein called the Company, the National Labor
Relations Board consolidated the proceedings herein and provided for
an appropriate hearing upon due notice before Gustaf B. Erickson,
Trial Examiner. Said hearing was held at Dallas, Texas, on January
24, 1944. The Company and the Teamsters appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
55 N. L . R. B., No. 173.
967
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
East Texas Motor Freight Lines is engaged in transporting anu
delivering goods, wares, and merchandise by motor vehicle in and
through the States of Texas, Louisiana, Arkansas, Tennessee, Mis-
souri, Illinois, and other states. At central points within the areas
it serves, the Company has established terminals. The employees
working at the terminals at Tyler and Texarkana, Texas, are involved
in this proceeding. The Company does not contest the jurisdiction
of the Board, and we find that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local Unions Nos. 745 and 894 of International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America are
labor organizations affiliated through their International with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 25, 1943, and on many occasions since that date the
Teamsters has sought a conference with the Company for the purpose
of obtaining recognition as the exclusive bargaining representative
for the employees at the Tyler, Texas, and Texarkana, Texas, termi-
nals. The Company has refused to agree to such a conference.
A. The Tyler ternninal. Case No. 16-R-785
A statement of the Field Examiner introduced in evidence at the
hearing, indicates that the Teamsters represents a substantial number
of employees working as dockmen, helpers, and truck drivers at the
Tyler terminal.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company working at the Tyler,
Texas, Terminal within the meaning of Section 9 (c) and Section 2
(6) and (7) of the Act.
'The Field Examiner stated that the Teamsters submitted evidence in the form of a
petition indicating that four of the five employees in the appropriate bargaining Unit at
the Tiler, Texas, terminal are its members.
EAST TEXAS MOTOR FREIGHT LINES
B. The Texarkana terminal. Case No. 16-R-786
969
Dockmen, helpers, and truck drivers are employed also at the Tex-
arkana terminal. The Teamsters would include these categories in
the unit it proposes at this terminal and would further include "line"
drivers who are based at Texarkana. The Company asserts that all
"line" drivers are based at Dallas and are assigned to runs to suit its
operating needs and denies that any are based at Texarkana. In any
event we need not now decide the propriety of the unit proposed at
Texarkana. A statement of the Field Examiner introduced in evi-
dence at the hearing indicates that the Teamsters has made an insub-
stantial showing of membership among the employees at the Tex-
arkana termina1.2 Accordingly, we find that no question affecting
commerce has arisen concerning the representation of employees of
the Company at the Texarkana terminal, and we shall dismiss the
Teamsters' petition in Case No. 16-R-786.
IV. THE APPROPRIATE UNIT
In its petition filed in Case No. 16-R--785, the Teamsters requests
a unit of all dockmen, truck drivers, and helpers, excluding supervisory
and clerical employees at the Company's Tyler, Texas, terminal.
At Tyler, as presumably at its other terminals, the Company employs
dockmen, who handle freight arriving at and leaving from the terminal,
as well as truck drivers and helpers. The truck drivers and helpers
pick up freight at nearby points, deliver it to the terminal for ship-
ment, pick up freight deposited at the terminal by the "line" trucks,
and deliver it to the consignee. "Truck drivers" are thus distinguish-
able from "line" drivers who drive "line" trucks or "over the road"
trucks from one terminal to another. As stated elsewhere in this de-
cision, the Company asserts that its "line" drivers are based at Dallas,
Texas, and are assigned to runs as the burden of traffic necessitates.
While the Teamsters claimed "line" drivers as part of the unit sought
at Texarkana, it does not request their inclusion here. Dockmen, truck
drivers, and helpers are based at the terminal where they work and
are not a mobile force like the "line" drivers.
The Company asserts that all truck drivers, helpers, and dockmen
employed in the Texas area constitute an appropriate bargaining unit,
and that, in any event, "line" drivers or "over the road" drivers should
not be included in a unit with local terminal employees. For more than
2 years the parent international union of the Teamsters has had two
sets of collective bargaining contracts with the Company, one for all
2 The Field Examiner stated that the Teamsters submitted a petition to which was ap-
pended 17 apparently genuine signatures Among the signatures , however , were the names
of only 2 of the 21 employees at the Texarkana , Texas, terminal.
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
"line" drivers and the other for all dockmen, pick- up men or truck
drivers, and helpers who are employed north and east of Little Rock,
Arkansas. The Company contends that the pattern of bargaining so
established should be extended to cover the employees engaged in simi-
lar occupations in the Texas area. Obviously this contention is rea-
sonable and would merit serious consideration if it appeared that a
labor organization was seeking to represent the Texas employees in
such units. However, there is no indication in this proceeding that
self-organization among the employees has been effective except at the
Tyler terminal. It is the policy of the Board to facilitate collective
bargaining and not to require a group of employees who may constitute
an appropriate bargaining unit to await the organization of a unit pos-
sibly more appropriate. Dockmen, truck drivers, and helpers at the
Tyler terminal constitute a clearly defined group with complementary
skills and functions and we are of the opinion that, under present cir-
cumstances, they may constitute a single bargaining unit. Accord-
ingly, we find that all dockmen, truck drivers, and helpers employed
at the Tyler, Texas, terminal of the Company, excluding clerical em-
ployees, "line" drivers, dock foremen, and any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise affect changes in the status of employees or effectively recom-
mend 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 among the em-
ployees, in the appropriate unit, who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby,
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with East Texas Motor
Freight Lines, Tyler , Texas, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Sixteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
EAST TEXAS MOTOR FREIGHT LINES 971
to Article III, Sections 10 and 11, of said Rules and Regulations,
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
vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, 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 International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, Local Union
No. 745, A. F. of L., for the purposes of collective bargaining.
ORDER
Since we have found in Section III above that no question con-
cerning representation has arisen with respect to the employees of
East Texas Motor Freight Lines at its Texarkana , Texas, terminal,
the National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives filed herein in
Case No. 16-R-786, by International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, Local Union
No. 894, A. F. of L., be, and it hereby is, dismissed.