Greyhound Corp.

National Labor Relations Board - Board DecisionsMar 25, 1963

141 N.L.R.B. 753 (N.L.R.B. 1963)

SOUTHERN GREYHOUND LINES, DIV. GREYHOUND CORP . 753 APPENDIX NOTICE TO ALL EMPLOYEES Pursuant to the Recommended Order of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Rela- tions Act, as amended, we hereby notify our employees that: WE WILL NOT discharge our employees because of their concerted activities for the purpose of collective bargaining or other mutual aid or protection. WE WILL offer to the following employees immediate and full reinstatement to their former or substantially equivalent positions, without prejudice to their seniority or other rights and privileges: Levy Blount Willis Murphy Alson Barrett Rudy O'Neal Thomas Marley David Wellesley Otis Best WE WILL make the above employees and Thomas Conley, Cade Townsend, Earl Moore, and Charles George whole for any loss of pay suffered as a result of their illegal discharge. JERRY SCHLOSSBERG AND MORTON BASSOFF d/b /a ADMIRAL WELDING & BOILER MAINTENANCE, Employer. Dated------------------- By-------------------------------------------(Representative) (Title) NOTE.-We will notify any of the above-named employees presently serving in the Armed Forces of the United States of their right to full reinstatement upon application in accordance with the Selective Service Act and the Universal and Military Training and Service Act of 1948, as amended, after discharge from the Armed Forces. This notice must remain posted for 60 consecutive days from the date of posting, and must not be altered , defaced, or covered by any other material. Employees may communicate directly with the Board 's Regional Office, 614 National Newark Building, 744 Broad Street, Newark 2, New Jersey, Telephone No. Market 4-6151 , if they have any question concerning this notice or compliance with its provisions. Southern Greyhound Lines , Division of the Greyhound Corpora- tion 1 and District Lodge 40, International Association of Machinists, AFL-CIO , Petitioner Southern Greyhound Lines, Division of the Greyhound Corpora- tion , Petitioner and Amalgamated Association of Street, Elec- tric Railway and Motor Coach Employees of America, AFL- CIO, Divs. 1174, 1238, 1303, 1314, 1315, 1323, 1326, 1500 Southern Greyhound Lines, Division of the Greyhound Corpora- tion, Petitioner and Amalgamated Association of Street, Elec- tric Railway and Motor Coach Employees of America, AFL- CIO, Divs. 1174, 1238, 1303, 1314, 1315, 1323, 1326, 1500 ; Building Service Employees International Union , Local No. 275, AFL- CIO; International Association of Machinists, AFL-CIO; International Association of Machinists, District Lodge No. 112, AFL-CIO; Teamsters, Chauffeurs , Warehousemen and Helpers Local Union No. 390; and Division 1493, Amalgamated The names of the parties appear as amended at the hearing. 141 NLRB No. 63. 754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Association of Street , Electric Railway and Motor Coach Em- ployees of America, AFL-CIO Southern Greyhound Lines, Division of the Greyhound Corpora- tion, Petitioner and International Association of Machinists, AFL-CIO , Lodge #10, 44, 1049, 1368 and 2013 Southern Greyhound Lines, Division of the Greyhound Corpora- tion , Petitioner and International Association of Machinists, District Lodge 112, AFL-CIO Southern Greyhound Lines, Division of the Greyhound Corpora- tion , Petitioner and Teamsters, Chauffeurs, Warehousemen and Helpers of America , Local Union #390 Southern Greyhound Lines, Division of the Greyhound Corpora- tion , Petitioner and Building Service Employees Interna- tional Union , Local No. 275, AFL-CIO Southern Greyhound Lines, Division of the Greyhound Corpora- tion , Petitioner and International Association of Machinists, AFL-CIO, Lodge #10, 44, 641, 1049, 1368 and 2013 Southern Greyhound Lines, Division of the Greyhound Corpora- tion and International Association of Machinists , AFL-CIO, Petitioner. Cases Nos. 10-RC-5376, 10-KM-341, 10-RM-3.Â¢.5, 10-ISM-346, 10-ISM-347, 10-R111-3418, 10-ISM-349, 10-RM-352, 10-RC-5401, 10-RC-5402, 10-RC-5403, 10-RC-5404, and 10-RC- 5405. March, 25, 1963 DECISION AND ORDER Upon separate petitions duly filed under Section 9(c) of the Na- tional Labor Relations Act by the Employer and by International Association of Machinists, AFL-CIO, herein referred to as the IAM, a consolidated hearing was held before John B. Luke, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed.' Pursuant to the provisions of Section 3(b) of the Act, the Board has delegated its powers in connection with these cases to a three- 2 The hearing officer, during the hearing, granted the motion of the Employer to with- draw its petition in Case No . 10-RM-346, and the motion of the IAM to withdraw its petition in Case No . 10-RC-5370 . While he was authorized to grant such motions only with the consent of the Regional Director ( see Rules and Regulations of the National Labor Relations Board , Series 8, as amended , Section 102 60), we find , in view of the ultimate disposition of this proceeding , that this conduct did not constitute prejudicial error. The hearing officer referred to the Board a motion by the IAM to dismiss the Employer's petitions . The motion is granted for the reasons indicated below. The request of the Employer for oral argument is hereby denied as the record in this proceeding, including the briefs of the parties, adequately presents the issues and posi- tions of the parties. SOUTHERN GREYHOUND LINES , DIV. GREYHOUND CORP. 755 member panel [Chairman McCulloch and Members Leedom and Brown]. Upon the entire record in these cases , the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Sections 9(c) (1) and 2(6) and ( 7) of the Act for the following reasons: The Employer , a common carrier by bus, is an autonomous operating division of The Greyhound Corporation . The present organization of the Employer is the result of a series of mergers , acquisitions, and consolidations of independent companies and divisions of The Grey- hound Corporation . As a result of prior bargaining with various components of the present corporate organization , Amalgamated Asso- ciation of Street , Electric Railway and Motor Coach Employees of America , AFL-CIO, herein referred to as the Amalgamated, has represented all the Employer's coach operators , and all its terminal and maintenance employees except : maintenance employees at certain garages, represented by the IAM; certain maintenance and terminal employees, separately represented by Building Service Employees International Union, Local No. 275 , AFL-CIO, herein referred to as Building Service; and certain cleaners at the Miami garage , separately represented by Teamsters , Chauffeurs , Warehousemen and Helpers of America , Local Union No. 390, herein referred to as the Teamsters. Some of the bargaining contracts with these various labor organiza- tions contained overlapping unit descriptions . All the contracts were terminated by the Employer on August 23, 1962, and there have been no contractual negotiations during the pendency of this proceeding. On September 7, 1962, the Amalgamated sent the Employer a de- mand for recognition as the representative of all its operators and maintenance and terminal employees . The Employer thereafter filed the petitions herein,3 and the IAM filed petitions seeking elections among the maintenance employees at each of the garages it had represented . At the hearing , the Teamsters and the Building Service expressed a desire to continue to represent their respective units; the Amalgamated contended for a single systemwide unit of all operators and maintenance and terminal employees, or , alternatively , for sep- arate systemwide units of each category; and the Employer, while taking no position as to units for other categories of employees, main- 3 On the advice of the Regional Director for the Tenth Region, the Employer filed sepa- rate petitions in those Regional Offices of the Board where employees of the Employer were located, and a petition covering the entire system with the General Counsel. All the petitions were transferred to the Tenth Region and consolidated for hearing. 708-006-64-vol. 141-49 756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tained that only a systemwide unit was appropriate for its maintenance employees. On December 13, 1962, after the close of the hearing herein, David L. Cole, impartial umpire under the AFL-CIO Internal Disputes Plan, on the basis of complaints filed by the IAM and Building Serv- ice, rendered his Determination finding the Amalgamated's representa- tion demand upon the Employer to be in violation of the AFL-CIO "no-raid agreement." Following issuance of that decision, the Amal- gamated notified the Board that it wished to withdraw its claim to represent any employees of the Employer not previously represented, and urged dismissal of the Employer's petitions. The IAM asked permission to withdraw its petitions if the Board allowed the Amal- gamated to withdraw, and it joined in the motion of the Amalgamated to dismiss the Employer's petitions. The request by the Amalgamated to withdraw its representative claim, and of the IAM for withdrawal of its petitions are hereby granted.4 In view of the foregoing and upon the entire record, we find that, as no union claims to represent the employees in the unit which the Employer maintains is appropriate, and as no labor organization seeks an election in any other unit, no question concerning representa- tion exists. Accordingly, we shall dismiss the Employer's petitions.5 [The Board granted the request of the International Association of Machinists, AFL-CIO, to withdraw its petitions filed in Cases Nos. 10-RC-5376, 5401, 5402, 5403, 5404, and 5405, and dismissed the petitions of Southern Greyhound Lines, Division of The Greyhound Corporation, filed herein in Cases Nos. 10-RM-341, 345, 346, 347, 348, 349, and 352.] 1 6 In the event the unions purporting to represent the employees in the units involved in this proceeding make a claim upon the Employer within 6 months from the date of this Order, a motion by the Employer requesting reinstatement of the petitions will be entertained. 'These requests to withdraw are granted with prejudice to the filing of petitions by either of these unions far a period of 6 months from the date of the Order herein, unless good cause is shown why the Board should entertain a new petition filed prior to the expiration of such period. 5 Restaurant & Tavern Owners Association of Salem, 126 NLRB 671; Maclobe Lumber Company of Glen Cove, et at ., 120 NLRB 320. Our dismissal of these petitions is not to be construed as a determination concerning the appropriateness of any of the units in- volved herein. Boyce Machinery Corporation and International Union of Oper- ating Engineers , Local 406, AFL-CIO and Employees Com - mittee. Case No. 15-CA-2061. March 26, 1963 DECISION AND ORDER On October 22,1962, Trial Examiner A. Bruce Hunt issued his Inter- mediate Report in the above-entitled case, finding that the Respondent 141 NLRB No. 76.