J. A. Patterson Trucking Corp.

National Labor Relations Board - Board Decisions

Oct 18, 1946

71 N.L.R.B. 397 (N.L.R.B. 1946)

In the Matter of J. A. PATTERSON TRUCKING CORP., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACI-HNISTS, PETITIONER
In the Matter of J. A. PATTERSON TRUCKING CORP., EMPLOYER and
AUTO MECHANICS & HELPERS, GASOLINE & PARKING STATION AT-
TENDANTS, INTERNATIONAL BROTHERFIOOD OF TEAMSTERS, CHAUF-
FEURS, WAIIEHOUSEMEN & HELPERS, LOCAL 917, AFL, PETITIONER
Cases Nos. R-R-61427 and 2-R-WO, 'respectively. Decided
October 18, 1046
Mr. Ted Fickie, Jr., of New York City, for the Employer.
Messrs. Robert A. Reber and Stephen C. Vladeck, both of New York
City, for the TAM.
Ashe cC Rifkin, by Mr.'George Rifkin, of New York City, and M11r.
John Nelson, of New York City, for Local 917.
Mr. Seymour M. Alpert, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated hearing in these
cases was held at New York City, on July 10, 1946, before William T.
Little, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
J. A. Patterson Trucking Corp., a New York corporation with its
offices and places of business in New York City, is engaged in the ware-
housing, trucking and truck rental business. The Employer's trucks
annually haul over 50 ,000 tons of merchandise for which the Employer
receives in excess of $100,000. Of this merchandise, over 7 percent
consists of shipments between the States of New York and New Jersey ;
40 percent originates within the State of New York and is delivered to
71 N. L R B, No 57.
397
398 DECISIONS Or NATIONAL.LABOR RELATIONS BOARD
railroad terminals and steamship piers within the State for shipment
to points outside, the State ; and 10 percent oricinates outside the State
of New York and is received by the Employer at railroad terminals
and steamship piers within the State for hauling to points within the
State. In addition, more than 75 percent of the merchandise ware-
housed by the Employer , for which it receives 'an annual revenue in ex-
cess of $15,000, is hauled from the Employer 's warehouses to steam-
ship piers for shipment to foreign countries.
We find that the Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, herein called the TAM, is
a labor organization, claiming to represent employees of the Employer.
Auto Mechanics & Helpers, Gasoline & Parking Station Attendants,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
& Helpers, Local 917, herein called Local 917, is a labor organization
affiliated with the American Federation of Labor, claiming to repre-
sent employees of the Employer.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Employer refuses to recognize either the IAM or Local 917
as the exclusive bargaining representative of employees of the Em-
ployer in the absence of Board certification.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Employer within the meaning
)f Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The TAM seeks a unit of all mechanics and mechanics' helpers of
the Employer, excluding supervisory personnel. Local 917 and the
Employer oppose this unit, claiming that it should also include all
the Employer's maintenance and service employees, hereinafter called
garagenien.
The Employer's business involves the use of about 50 trucks, and
a garage and 5 warehousing locations situated in the New York City
area. The employees involved herein, consisting of approximately
7 mechanics and mechanics' helpers and 4 garagemen, spend most of
their time in the garage and are detailed primarily to the care of the
trucks. For the maintenance and repair of the mechanical parts on its
' The name of the Employer as well as that of Local 917 appears herein as amended at
'be hearing
J. A. PATTERSON TRUCKING CORP. 399
trucks, the Employer relies primarily on its mechanics and,mechanics'
helpers. For related tasks, such as cleaning, gassing, oiling and water-
ing the trucks, and other incidental duties in connection with the
Employer's operations, the Employer generally relies on its garage-
men. However, due to the limited number of personnel in the garage,
there is apparently a considerable interchange of duties. It also
appears that all these employees are hourly paid,2 enjoy the same
vacation policy and work under the same immediate supervision.
There has been no prior collective bargaining by the Employer with
respect to the employees in issue. Nor is there a predominant historical
pattern of organization in the industry generally. As to the New
York City area, the record discloses that, in similar businesses, the
IAM, and Local 917 have conducted' their organizational activities
substantially on the bases of their respective unit contentions in the
instant proceeding.3
In view of the foregoing, and more particularly the small size of
the establishment, the identity of supervision and working conditions,
and the interchange of functions, we are of the opinion that the mech-
anics and mechanics' helpers have such a close community of interest
in the conditions of employment with the garagemen as to preclude any
differentiation between them for collective bargaining purposes.4
Accordingly, we find that all mechanics, mechanics' helpers, and
garagemen of the Employer, excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with J. A. Patterson Trucking
Corp., New York City, an election by secret ballot shall be conducted
2 The wage rates of the garagemen are, however , somewhat lower than those of the me-
chanics and.mechanics ' helpers. Thus , the Employer 's minimum hourly rate for mechanics
is $1 15, for helpers 90 cents, and- for garagemen 86 cents. Overtime for garagemen is
computed on the basis of a 40-hour week, and for mechanics and mechanics ' helpers, on the
basis of a 44-hour week.
3 The IAM refers in this connection to its alleged working agreement with Garage
Washers & Polishers Union, Local 272, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen & Helpers, AFL , to confine their organizational activities in like situations
to mechanics and to garagemen , respectively . We note , however, that , although served
with notice of this proceeding , the latter organization failed to appear.
a See Matter of St Louis Public Service Company , 71 N L R. B. 160 , where, under
circumstances analogous in many respects , the Board refused to segregate greasers, parts
and chassis cleaners , bus movers , gas and oil men, boiler attendants , and cleaners from the
automotive mechanics , stating, ". . . the requested segregation of [such employees] from
the automotive mechanics is particularly artificial and impractical ." Cf Matter of Spokane
United Railways, 60 N. L . It. B. 14.
717734-47-vol. 71 27
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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 Second Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Sections
203.55 and 203.56, of National Labor Relations Board Rules and
Regulations-Series 4, among the employees in the unit found ap-
propriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing 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 Association of
Machinists, or by Auto Mechanics & Helpers, Gasoline & Parking
Station Attendants, International Brotherhood of Teamsters,
Chauffeurs, Warehousemen & Helpers, Local 917, AFL, for the pur-
poses of collective bargaining, or by neither.