Motor Fuel Carriers, Inc.

National Labor Relations Board - Board Decisions

Jul 26, 1945

62 N.L.R.B. 1439 (N.L.R.B. 1945)

In the Matter of MOTOR FUEL CARRIERS, INC. and CHAUFFEURS, TEAM-
STERS, AND HELPERS LOCAL UNION No. 613, A. F. OF L.
Case No. 10-R-1449.-Decided July 26, 1945
Messrs. Lewis H. Hill, Jr., and Carl F. Crawford, of Tampa, Fla.; and
Messrs. C. D. Towers, R. R. Whitmore, and P. C. Acree, of Jacksonville,
Fla., for the Company.
Mr. J. R. Braddock, Jr., of Jacksonville, Fla., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION .
STATEMENT OF THE CASE
Upon petition duly filed by Chauffeurs , Teamsters , and Helpers Local
Union No. 613 , A. F. of L., herein called the Union , alleging that a ques-
tion affecting commerce had arisen concerning the representation of em-
ployees of Motor Fuel Carriers , Inc., Jacksonville , Florida," herein called
the Company , the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Albert D. Maynard, Trial Examiner
Said hearing was held at Jacksonville , Florida, on May 3, 1945 . The Com-
pany and the Union appeared , participated , and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to intro-
duce 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 THE COMPANY
Motor Fuel Carriers, Inc., is a Florida corporation with its principal
offices and a dispatching point at Tampa, Florida. The Company also
maintains dispatching points or terminals at Jacksonville, Miami, and
1 The petition and other formal paper s were amended at the hearing to show the correct name of the
Company
62 N L R B., No. 198
1439
1440' DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
Panama City, Florida, and at Bainbridge and Atlanta, Georgia. We are
here concerned primarily with its operations at Jacksonville, Florida.
The Company, as a common carrier, transports bulk petroleum prod-
ucts in tank trucks in Florida, Georgia, Alabama, and South Carolina.
Petroleum products handled by the Company originate at points outside
Florida and Georgia, and are picked up by the Company at various storage,
pipe line, and water terminals within these States for intrastate and inter-
state transportation. Under authority of the Interstate Commerce Coin-
-
mission, the Company is empowered to haul these products from Jackson-
ville, Florida, to points inside Georgia within a radius of 200 miles of Jack-
sonville ; from Panama City, Florida, to points in Georgia and Alabama
within a radius of 200 miles of Panama City; and from pipe line terminals
in Georgia to points in, Georgia, Alabama, North Carolina, and South
Carolina within a radius of 300 miles of such terminals. The Company
owns 53 tank truck units, of which 19 are assigned to Jacksonville and 3
of these are used exclusively in hauling petroleum for the United States
Army Air Forces. Three or four times per month, four additional tank
truck units haul loads from Jacksonville to points in Georgia. All the
Company's trucks, at one time or other, leave Florida to haul petroleum
products outside that State. During the 12-month period preceding the
date of the hearing, the Company received in excess of $800,000 for its serv-
ices, approximately 5 percent of which was derived from direct interstate
shipments."
We find that the Company, contrary to its contentions, is engaged in
commerce, within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Chauffeurs, Teamsters and Helpers Local Union No: 613 is a labor
organization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 9, 1945, the Union asked the Company for recognition as
exclusive bargaining representative of truck drivers at the Company's
Jacksonville terminal. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial numher,of
employees in the unit hereinafter found to be appropriate'
2 The Company contends that its tnterst.ite activities are so small a part of its distributing opeia-
tions that the Board is without jurisdiction to entertain the petition filed herein We find no merit in
this contention . The record indicates that the amount of the Company ' s direct interstate shipments is
not inconsiderable . The jurisdiction of the Boaid does not iest upon the quantum of material cairied
acioss State lines. N. L R B v Fainblatt , et al, 306 U S 601
a The Union submitted 24 authorization cards, bearing dates in February and March 1943. There
are approximately 20 employees in the appropriate unit
MOTOR FUEL CARRIERS, INC. 1441
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all truck drivers of the Company stationed in,
and working out of, Jacksonville, Florida, constitute an appropriate unit.
The Company contends that the appropriate unit should include all truck
drivers of the Company.
The Company maintains its headquarters at Tampa, Florida, from which
its entire transportation operations are directed. The nature of the business
demands a close cooperation and frequent contact among its several ter-
minals for the purposes of economy and maximum service. Of the 85 truck
drivers who operate the Company's tank trucks, 20 work out of the Jack-
sonville terminal to drive the 19 tank trucks assigned to that local station."
These drivers, whom the Union would include in its bargaining unit, main-
tain their residences in Jacksonville. They report to the Jacksonville ter-
minal for their assignments and work under orders issued by the local
dispatching agent. Truck drivers are paid by mileage and, in addition to
mileage, they receive a per diem allotment of $1.50 for each day spent away
from Jacksonville. The chief dispatcher has authority to hire and discharge
truck drivers, although all hiring must be cleared with the Tampa office.
The Company contends that the proposed unit limited to truck drivers
working in and out of Jacksonville is inappropriate, alleging (1) that the
turn-over among its employees and the transfers of truck drivers from one
terminal to, another renders the proposed unit unstable and (2) that the
integrated nature of its operations precludes effective bargaining among
drivers limited to any one dispatching point We do not agree.
The record discloses that a very large number of drivers were hired
during a recent 5-month period and that these drivers left the Company's
employ after very short periods. The record does not disclose that the turn-
over was peculiar to the Jacksonville operations, nor does it indicate that
a stable nucleus of drivers does not presently operate out of that dispatching
point. Permanent transfers from one dispatching terminal to another are
effected only through the principal office at Tampa, at the need of the
Company or at the desire of employees. ifemporary transfers, while not
infrequent, are of short duration and recorded as such. NVhile a bargaining
unit, system-wide in scope, is pr inia facie an appropriate-unit for employees
in highly integrated operations such as public utilities and transportation
systems, such bargaining units are possible only where self-organization of
employees has been effected on a broad basis. No labor organization pres-
"Two truck drivers ate assigned to Dian, Panama City, Bainbridge, and Atlanta, respectively,
and 57 to Tampa.
1442 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
ently claims to represent the Company's truck drivers in a system-wide unit
We have frequently found that employees in departments or sectors of
extensive operations may constitute appropriate bargaining units, where
union organization has not extended beyond them. We have frequentl}
asserted that what constitutes an appropriate unit depends largely upon
the circumstances existing at the time, nor does any unit finding preclude
a redetermination of the unit appropriate for employees, when a later peti-
tion may be filed! The Company has not previously dealt with any labor
organization on behalf of its truck drivers. Since truck drivers working in
and out of the Jacksonville terminal clearly constitute an identifiable group
and have indicated their desire for collective bargaining, and the Union
has not extended its organizational activities to other employees, we find
that a unit limited to truck drivers assigned to and working in and out
of this terminal is appropriate for bargaining purposes.
The Company operates on a 24-hour basis. The chief dispatching agent
at Jacksonville, who works on an 48-hour day shift, -has authority to hire
and discharge truck drivers. Two assistant dispatching agents work on an
8-hour night shift. They usually consult with the dispatching agent as to
the discharge of employees, but in emergencies act on their own judgment.
Assistant dispatching agents do not hire employees. We will exclude the
dispatching agent and the assistant dispatching agents from the bargain-
ing unit
We find that all truck drivers of the Company stationed in and working
out of its Jacksonville, Florida, terminal, excluding the chief dispatcher,
the assistant dispatchers, and all other supervisory employees with author-
ity 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 mean-
ing 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 employees in the
appropriate unit who were employed during the pay-roll period immedi-
ately 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, as amended, it is hereby
5 Mattel of Cities Service Gas Co , 41 N L R B 648, and cases cited therein
UOTUR l'UE1. CARRIERS, INC. 1443
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Motor Fuel Carriers, Inc.,
Jacksonville, Florida, an election by secret ballot shall be conducted as early
as possible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for the
Tenth Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject 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 imme-
diately 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
,4ny 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 Chauffeurs, Teamsters, and Helpers
Local Union No. 613, A. F. of L., for the purposes of collective bargaining.