L & A Bus Lines

National Labor Relations Board - Board Decisions

Jul 15, 1940

25 N.L.R.B. 391 (N.L.R.B. 1940)

In the Matter of C. G. LASIIr,EY, DOING BUSINESS AS L & A Bus LINES
and LOCAL DivisioN #1110, AMALGAMATED ASSOCIATION Off' STREET,
ELECTRIC, RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA and
Roy MAPHTS
Case No. C-791
ORDER VACATING ORDER
AND
SUBSTITUTING MODIFIED ORDER
15, 1940Jul,
On August 15, 1939, the National Labor Relations Board, herem
called the Board, issued a Decision and Order in the above-entitled
proceedings.' On July 1, 1940, Charles Z. Heskett, attorney for
C. G. Lashley, doing business as L & A Bus Lines, Ralph Lashley,
secretary of L & A Bus Lines, Inc., and counsel for the Board entered
into the following stipulation :
STIPULATION
The National Labor Relations Board (hereinafter called the
Board) on August 15, 1939, having issued its Order in the above-
entitled matter, and it being the desire of the parties hereto to
dispose of the matters 'involved by mutual agreement, and the
parties hereto having this day entered into a consent decree dis-
posing of the matters arising under the said Order of the Board,
It is hereby stipulated and agreed by and between the parties
hereto :
(1) That the parties hereto consent to the entry by the United
States Circuit Court of Appeals for the Fourth Circuit, upon
application of the Board, of the consent Decree, this day entered
into between the, parties hereto, and hereby waive further notice
of the application for such Decree;
(2) That the execution of thus Stipulation and said consent
Decree by the parties hereto shall conclude all matters arising
in this proceeding. but shall not preclude the taking of any steps
1 14 N. L R. B. 649
25 N. L . R. B., No 54
391
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
necessary to procure the entry of the said consent Decree in the
United States Circuit Court of Appeals for the Fourth Circuit_
(3) L & A Bus Lines, Inc. is a corporation which was organ-
ized on March 31, 1938, and which exists by virtue of the Laws
of the State of Maryland, and is engaged in the business of trans-
porting passengers and freight for hire in trade, traffic, commerce
and transportation among the Several States; and its employees
are directly engaged in such traffic, commerce and transportation.
L & A Bus Lines, Inc. is now carrying on the business formerly
conducted by C. G. Lashley, doing business as L & A Bus Lines,
as set forth in the Findings of Fact of the National Labor Rela-
tions Board in its Decision dated August 15, 1939. ,
(4) L & A Bus Lines, Inc. and the parties hereto hereby waive
the issuance of amended complaint, holding of further hearing,
and the making of further findings of fact and conclusions of
law in this matter and agree that the National Labor Relations
Board may enter its Order, without further notice, against L & A
Bus Lines, Inc. and C. G. Lashley, doing business as L & A Bus
Lines, as joint and necessary parties in this matter, in the form
as set forth below :
ORDER
Upon the basis of the above findings of fact and conclusions of
law, and pursuant to Section 10 (c) of the National Labor Rela-
tions Act, the National Labor Relations Board hereby orders
that the respondent, L & A Bus Lines, Inc., and the respondent,
C. G. Lashley, doing business as L & A Bus Lines, jointly and
severally, and their respective officers, agents, successors and
assigns, shall:
1. Cease and desist from :
(a) Discouraging membership in Local Division #1110, Amal-
gamated Association of Street, Electric, Railway and Motor
Coach Employees of America, or any other labor organization of
his or its employees, by discharging, refusing to reinstate, sus-
pending, or in any manner discriminating against any of his or
its employees in regard to hire or tenure of employment or any
other term or condition of employment;
(b) In any other manner interfering with, restraining or
coercing his or its employees in the exercise of the right 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 activities for the purpose of collective
bargaining or 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 :
C. G. LAST-LET 393
(a) Pty lminediately and directly to Roy Maphis the sum of
$350.00.
(b) Post immediately in conspicuous places in each depart-
ment of the respondent's plant copies of this Order;
(c) Maintain such posted notices for a period of at least sixty
(60) consecutive days from the date of posting; and
(d) Notify the Regional Director for the Fifth Region in
writing within ten (10) days from the date of this Order what
steps the respondent has taken to comply herewith.
(5) The parties hereto consent to the entry by the United
States Circuit Court of Appeals for the Fourth Circuit of a
decree enforcing the above Order to be entered by the Board,
application for the decree to be made by the Board, and the par-
ties hereto' waive further notice of the application for such
decree:
(6) It is understood and agreed that the entire agreement is
contained within the terms of this Stipulation and said consent
Decree and that there is no verbal agreement of any kind which
varies, alters, or acids to this stipulation and consent Decree.
(7) It is further understood and agreed that this Stipulation
and consent Decree are subject to the approval' of the Board and
shall become effective immediately upon the granting of such
approval. If the Board does not approve this Stipulation and
consent Decree, they shall be void and of no effect and shall not
be used as evidence in this or any other case.
,On July 8, 1940, the Board issued an order approving the above
stipulation and making it part of the record herein.
Upon the basis of the above stipulation, the Board makes the
following:
FINDINGS OF FACT
I. THE BUSINESS OF L & A BUS LINES, INC.
L & A Bus Lines, Inc., is a corporation which was organized on March
31, 1938, under and by virtue of the laws of Maryland. It is succes-
sor to the business and operations of C. G. Lashley, doing business as
L & A Bus Lines,2 and is engaged in the business of transporting
passengers and freight for hire in trade, traffic, commerce, and trans-
2 the business of C G I ashley, as described in the decision of August 15, 19-19 (foot-
note 1, supra) consisted of the transportation of passengers and ftetght for hire from
points in Maryland to destinations in west Virginia and Pennsylvania. Lashley's bus
schedules connected with those of the Greyhound Bus Lines at Newcreek, West Virginia,
from whence passengers ate carted to WVashington, D C, and St. Lours, Missouri His
busses furnished the only means of commercial transportation between Itrdgcly, West
Virginia and Cumberland. Maryland in December 1957, he operated 54 busses and
employed about 4%C employees
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
portation among the several States. Its employees are directly en-
gaged in such traffic, commerce, and transportation.
We find that L & A Bus Lines, Inc., is engaged in trade, traffic,
commerce, and transportation among the several States and that its
employees are directly engaged in such traffic, commerce, and
transportation.
ORDER '
Upon the basis of the above stipulation, findings of fact, and the
entire record in the case, and pursuant to Section 10 (c) and (d) of
the National Labor Relations Act, the National Labor Relations
Board hereby orders that the Order herein issued on August 15, 1939,
be, and the same hereby is, vacated, and further orders that the fol-
lowing modified order be substituted in lieu thereof :
ORDER
Upon the basis of the above findings of fact and conclusions of law,
and pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the respond-
ent, L & A Bus Lines, Inc., and the respondent C. G. Lashley, doing
business as L & A Bus Lines, jointly and severally, and their respec-
tive officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Discouraging membership in Local Division #1110, Amal-
gamated Association of Street, Electric, Railway and Motor. Coach
Employees of America, or any other labor organization of his or
its employees, by discharging, refusing-to reinstate,.suspending, or in
any manner discriminating against any of his or its employees in
regard to hire or tenure of employment or any other term or condi-
tion of employment;
(b) In any other manner interfering with, restraining, or coercing
his or its employees in the exercise of the right to self-organization,
to form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or 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) Pay immediately and directly to Roy Maphis the sum of
$350.00;
(b) Post immediately in conspicuous places in each department
of the respondent's plant copies of this Order;
C. G. LAS1 LEY 395
(c) Maintain such posted notices for a period of at least sixty (60)
consecutive days from the date of posting; and
(d) Notify the Regional Director for the Fifth Region in writing
within ten (10) days from the date of this Order what steps the
respondent has taken to comply herewith.
MR. WILLIAI1 M. LEISERSON took no part in the consideration of the
above Order Vacating Order and Substituting Modified Order.