O. K. Storage & Transfer Co., Inc.

National Labor Relations Board - Board DecisionsApr 8, 1940

22 N.L.R.B. 752 (N.L.R.B. 1940)

In the Matter of O. K. STORAGE & TRANSFER CO., INC., (OPERATED BY WALKER STORAGE & VAN CO., INC.) and INTERNATIONAL LONGSHORE- MEN'S AND WAREHOUSEMEN'S UNION LOCAL 2-7, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1762.Decided April 8, 1940 . Moving, Warehousing, and Rug Cleaning Industry-Investigation of Repre- sentatives : controversy concerning representation of employees ; refusal of em- ployer to recognize union until certified by the Board-Unit Appropriate for Col- lective Bargaining : stipulated : all drivers , rug cleaners , packers, and helpers, excluding clerical employees , supervisory employees having power to hire and discharge , and executives-Election Ordered Mr. E. Paul Barker, for the Board. Mr. Max M. Schawm,burger, of New Orleans, La., for the Company. Mr. Caleb D. Green, of New Orleans, La., for the Union. Mr. Richard Johnston, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 24, 1939, a petition, and on October 6, 1939, an amended petition,' were filed by International Longshoremen's and Warehouse- men's Union Local 2-7, herein called the Union, with the Regional Director for the Fifteenth Region (New Orleans, Louisiana), alleging that a question affecting commerce had arisen concerning the represen- tation of employees of Walker Storage & Van Co., Inc.,2 New Orleans, Louisiana, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 28, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and 'The allegations of the amended petition differ in various respects from those of the petition. 2 The Company was incorrectly designated in the formal papers as O. K. Storage & Trans- fer Co., Inc. At the hearing the parties stipulated that the correct name of the Company is Walker Storage & Van Co., Inc. A motion by counsel for the Board to amend the peti- tion and amended petition accordingly was granted by the Trial Examiner . The caption of the case was also changed 22 N. L. R. B., No. 45. 752 0. K. STORAGE & TRANSFER CO., INC. 753 Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 6, 1940, the Regional Director issued a notice of hearing, copies of which, together with copies of the petition and amended petition, were duly served upon the Company, upon the Union, and upon American Federation of Labor, a labor organization. Pursuant to the notice, a hearing was held on March 18, 1940, at New Orleans, Louisiana, before P. H. McNally, the Trial Examiner duly desig- nated by the Board. The Board and the Company appeared and were represented by counsel ; the Union was represented by its representa- tive. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing, the Trial Examiner granted a motion by the Board to amend the petition and amended petition in respect to the name of the Company.3 The Board has reviewed the ruling of the Trial Exam- iner and finds that no prejudicial error was committed. The ruling is hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Walker Storage & Van Co., Inc., is a Louisiana corporation engaged in the business of packing, moving, storing, and shipping household goods and effects, and in rug cleaning. It employs approximately 35 employees. In connection with its business, the Company maintains a warehouse in New Orleans, Louisiana, and operates 10 motor trucks or vans. During the course of its business, the Company moves and ships goods for compensation from points in Louisiana to points in other States, as well as between points within Louisiana. In 1938 the Com- pany's gross income from all haulage was approximately $28,000, of which at least $9,000 constituted gross income from its interstate haulage. In 1939 the Company's gross income from all haulage was approximately $28,000, of which at least $7,000 constituted gross in- come from its interstate haulage. The Company's local cartage operations consist of transporting fur- niture and' household goods between customers' residences and the Com- pany's warehouse, and between railway, steamship, and barge-line 8 See footnote 2. supra. 754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD terminals and the Company 's warehouse , all within the confines of the city of New Orleans . In 1938 the Company's gross income from local cartage operations was approximately $19,000, and in 1939 its gross income from this source was approximately $21,000. Approxi- mately 5 per cent of the goods so transported either are shipped to the Company 's warehouse from points outside the State of Louisiana,, or are shipped from the Company 's warehouse to points outside the, State of Louisiana. In the course of its business , the Company also prepares and packs household goods , both in its customers ' houses in Louisiana and in its warehouse . In 1938 the Company's gross income from this source was approximately $10,000 and in 1939 its gross income from this source was approximately $11,000. Approximately 20 per cent of the goods so packed by the Company are packed for shipment to points outside the State of Louisiana. During 1938 the Company's gross income from storage of goods was approximately $30,000, and in 1939 its gross , income from this source was approximately $32,000. Between 5 per cent and 10 per cent of the goods delivered at the Company 's warehouse for storage were received from points outside the State of Louisiana , and ap- proximately the same percentage of goods delivered from the ware- house were shipped to points outside the State of Louisiana. The Company is a member of Allied Van Lines , Inc., a national trade association with member companies located and operating in every State of the United States . This association does not itself operate trucks or vans, but conducts its operations through its mem- bers. If the Company receives an order to transport goods to a point outside the State of Louisiana and is unable at the time to fill the order, it assigns this order to one of the other members of Allied Van Lines, Inc., and receives a commission for this service. As a member of the association , the Company hauls goods within and be- tween the States of Louisiana, Alabama, Mississippi , and Georgia. The Company allocates two of its vans to this work, and approxi- mately 30 per cent of the time of these two vans is spent transporting goods to points in Louisiana from other States, and to points in other States from Louisiana. For the purposes of this proceeding, the Company admits that it is engaged in commerce, within the meaning of the Act. H. THE ORGANIZATION INVOLVED International Longshoremen 's and Warehousemen 's Union Local 2-7 is a labor organization affiliated with the Congress of Industrial Organizations , admitting to membership employees of the Compan_y.' O. K. STORAGE & TRANSFER CO., INC. III. THE QUESTION CONCERNING REPRESENTATION 755 The Company has never had contractual relations with any labor organization, and there has been no prior organization of its em- ployees. In August 1939 the Union approached the Company, in- formed it of the Union's claim to representation of a majority of the Company's employees in an appropriate bargaining unit, and re- quested that the Company bargain collectively with it as the exclusive representative of all employees in such unit. The Company refused to bargain collectively unless and until the Union was certified by the Board as the statutory representative. At the hearing the parties stipulated, and we find, that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial re- lation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union, the Company, and counsel for the Board stipulated and agreed at the hearing that the drivers, rug cleaners, packers, and helpers employed by the Company, excluding clerical employees, su- pervisory employees having power to hire and discharge, and execu- tives, constitute a unit appropriate for the purposes of collective bar- gaining. We see no reason for not finding this unit to be appropri- ate. Accordingly, we find that the drivers, rug cleaners, packers, and helpers employed by the Company, excluding clerical employees, supervisory employees having power to hire and discharge, and ex- ecutives, constitute a unit appropriate for the purpose of collective bargaining, and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining, and otherwise effectuate the polices of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Union claims to represent a majority of the Company's em- ployees. The Company expresses the view that an election among the employees in the appropriate bargaining unit should be held to ascer- tain their choice of a bargaining representative. We believe that the 756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD question which has arisen concerning the representation of employees of the Company can best be resolved by holding an election by secret ballot among employees in the unit to determine their desires with regard to representation. We shall, accordingly, direct that such an election be held among all employees within the appropriate bar- gaining unit, who are employed during the pay-roll period immediately preceding the date of the Direction of Election, including employees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but excluding employees who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Walker Storage & Van Co., Inc., New Orleans, Louisiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All drivers, rug cleaners, packers, and helpers employed by the Company, excluding clerical employees, supervisory employees having power to hire and discharge, and executives, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Walker Storage & Van Co., Inc., New Orleans, Louisiana, 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 of Election, under the direction and supervision of the Regional Direc- tor for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article ITT, Section 9, of said Rules and Regulations, among all drivers, rug cleaners, packers, and helpers employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period O. K. STORAGE & TRANSFER CO., INC. 757 because they were ill, on vacation, or temporarily laid off, but excluding clerical employees, supervisory employees having power to hire and discharge, executives, and all employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Longshoremen's and Warehousemen's Union Local 2-7, affiliated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining. 283033-41-vol. 22-49