Greyhound Terminal of Louisville, Inc.

National Labor Relations Board - Board Decisions

Mar 31, 1944

55 N.L.R.B. 949 (N.L.R.B. 1944)

In the Matter of GREYHOUND TERMINAL OF LOUISVILLE, INC. and
AMALGAMATED ASSOCIATION OF STREET ELECTRIC RAILWAY AND
MOTOR COACH EMPLOYEES OF AMERICA, A. F. OF L.
Case No. 9-R-1326.Decided March 31, 1944
Mr. Alexander E. Wilson, Jr., of Atlanta, Ga., for the Company.
Mr. Sam B. Berrong, of Detroit, Mich., and Mr. Clay Hardy, of
Lexington Ky., for the Union.
Mr. Louis Colcin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Association of Street
Electric Railway and Motor Coach Employees of America, A. F.
of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Greyhound Terminal of Louisville, Inc., Louisville, Kentucky, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Allen Sinsheimer,
Jr., Trial Examiner. Said hearing was held at Cincinnati, Ohio, on
March 8, 1944. The Company and the Union appeared, partici-
pated, 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 prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
Greyhound Terminal of Louisville, Inc., is a Kentucky corporation
with its principal place of business in Louisville, Kentucky. The
Company is wholly owned by Southeastern Greyhound Lines, Capi-
tal Greyhound Lines, Pennsylvania Greyhound Lines, and Great
55 N. L. R. B., No. 168
949
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lakes Greyhound Lines. The latter 4 companies are admittedly en-
gaged in interstate commerce. The Company sells tickets, arranges
transportation, furnishes waiting rooms, and facilities for loading
and unloading passengers, and performs other usual functions of a
transportation terminal for its owners. During 1943 the Company
sold approximately 1,000,000 tickets, over 10 percent of which had
as their destination points outside the State of Kentucky. Each of
the 4 owner-companies operates busses on regular daily runs to and
from o the Louisville terminal and points in States other than the
State of Kentucky.
We find, contrary to the contentions of the Company, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Association of Street Electric Railway and Motor
Coach Employees of America is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During October 1943 the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request until such
time as the Union is certified by the Board.
Statements of a Field Examiner of the Board and the Trial Ex-
aminer, introduced into evidence at the hearing, indicate that the
Union represents a substantial number of employees in the unit here-
inafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all ticket agents, baggage and express clerks,
starters, report clerks, 'accounting clerks, information clerks, janitors,
porters, and maids of the Company, excluding the terminal manager,
assistant manager, military agent, and secretary to the manager,
constitute an appropriate unit. The only controversy with respect
to the unit concerns the head baggage agent. The Union would in-
clude him in the unit while the Company would exclude him.
1 The Field Examiner and Trial Examiner reported that the Union presented 46 authoriza-
tion cards bearing the names of persons who appear on a pay roll of the Company. There
are approximately 62 employees in the appropriate unit.
GREYHOUND TERMINAL OF LOUISVILLE, INC. 951
The head baggage agent supervises the work of 11 employees and
recommends their hire and discharge. In the absence of the terminal
manager the head baggage agent actually hires employees. We find
that the head baggage agent is a supervisory employee and, as such,
we shall exclude him from the unit.
We find that all ticket agents, baggage and express clerks, starters,
report clerks, accounting clerks, information clerks, janitors, porters,
and maids of the Company, excluding the terminal manager, as-
sistant manager, military agent, secretary to the manager, head bag-
gage agent, and any other supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Union seeks to be certified on the basis of the record without an
election . The Company opposes this request. Under the circum-
stances, we find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.'
We shall direct that the employees eligible to vote shall be those within
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 Rela-
tions 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 Greyhound Ter-
minal of Louisville, Inc., Louisville, Kentucky, 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 Ninth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject 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
2 Matter of Cudahy Packing Co., 13 N. L. It. B. 526.
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 any 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 Amalga-
mated Association of Street Electric Railway and Motor Coach Em-
ployees of America, A. F. of L., for the purposes of collective bar-
gaining.