Pacific Greyhound Lines

National Labor Relations Board - Board Decisions

Mar 25, 1938

6 N.L.R.B. 163 (N.L.R.B. 1938)

.In the Matter of PACIFIC GREYHOUND LINES and BROTHERHOOD OF
LOCOMOTIVE FIREMEN AND ENGINEMEN
Case No. R-195
SUPPLEMENTAL DECISION
AND
ORDER
March 25, 1938
On December 16, 1937, the National Labor Relations Board, herein
called the Board, issued in the above-entitled proceeding a Decision
and Direction of Election,' on December 23, an Amendment to the
Direction of Election,2 and on January 22, 1938, an Amendment to
the Decision and a Second Amendment to the Direction of Election.'
By the Decision and Direction of Election as amended, the Board, as
a part of the investigation authorized to ascertain representatives for
the purposes of collective bargaining with Pacific Greyhound Lines,
directed the Regional Director for the Twentieth Region to conduct
an election by secret ballot among bus drivers employed by and on the-
regular seniority list of Pacific Greyhound Lines during the pay-roll
period immediately preceding December 15, 1937, to determine
whether they desired to be represented by Brotherhood of Locomotive
Firemen and Enginemen or Amalgamated Association of Street, Elec-
tric Railway and Motor Coach Employees of America for the pur-
poses of collective bargaining, or by neither.
Pursuant to said Direction of Election, the Regional Director con-
ducted an election by secret ballot between January 24 and February
4, 1938. Full opportunity was accorded to all the parties to this
investigation to participate in the conduct of the secret ballot and
to make challenges. Thereafter, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules'and Regulations-Series 1, as amended, issued and duly served
upon the parties to the proceeding her Intermediate Report on the
ballot.
14N L II B 520
2 4 N L It B 540
34N L R B i41
163;
164 NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows:
Total number eligible---------------- --------- 697
Total number of ballots counted-------------------------- 658
Total number of ballots for Brotherhood of Locomotive Fire-
men and Enginemen------------------------------------ 309
Total number of ballots for Amalgamated Association of
Street, Electric Railway and Motor Coach Employees
of America--------------------------------------------- 332
Total number of ballots for neither of the above organiza-
tions--------------------------------------------------- 17
Total number of blank ballots----------------- ------------ 0
Total number of void ballots------------------------------- 1
Total number of challenged ballots------------------------ 7
_
Exceptions to the Intermediate Report, in the form of an "Objec-
tion to certification of the result of election," were thereafter filed
by the Brotherhood. The Regional Director conducted an investiga-
tion of these objections by the Brotherhood and submitted a report to
the Board. The Board has considered the objections and the report
and finds that the objections raise no substantial or material issue
with respect to the validity of the ballot.
The Regional Director also conducted an investigation of the seven
challenged ballots and submitted a report to the Board. For the
reasons set forth below, it is unnecessary to consider what the effect
would be upon the results of the ballot if these challenged ballots
were determined in favor of or against the Amalgamated.
In its Decision dated December 16, 1937, the Board found that a
question had arisen concerning the representation of bus drivers
and that no question had arisen concerning the representation of any
other employees. The Board also made no final determination as to
the unit appropriate for the purposes of collective bargaining. The
Brotherhood, the petitioner herein, contended that bus drivers con-
stituted an appropriate unit; the Amalgamated, which intervened for
the purpose of opposing an election, contended that all the employees
of the Company, including bus drivers, station, shop, and office em-
ployees, constituted an appropriate unit. The Board stated that since
either of these contentions could be sustained, it would direct an
.election to be held among the bus drivers, and would in part deter-
-nine the issue on the basis of the preferences indicated in the elec-
tion. If the bus drivers chose the Brotherhood, the Board would
determine that bus drivers alone constituted an appropriate unit ; if
the bus drivers chose the Amalgamated, the Board would consider
that the bus drivers had expressed' their preference for a single larger
unit. The Board stated, however, that in the absence of any evidence
to warrant a finding that a question concerning representation had
arisen among the employees other than bus drivers and in the ab-
DECISIONS AND ORDERS 165
sence of a petition requesting a certification of representatives of the
employees in a larger unit, it would not determine whether such unit
was appropriate or whether the Amalgamated has been designated by
a majority of the employees in such a unit.
In the election the Brotherhood did not receive a majority of the
votes of the bus drivers voting. Consequently we find that the bus
drivers alone do not constitute an appropriate unit but are to be
merged in a larger unit. Inasmuch as we are not called upon to
decide in this proceeding either the limits of the larger unit or the
representatives of the employees in such larger unit we make no
findings with respect to these questions. These considerations make
it unnecessary for us to render a decision upon the seven challenged
ballots or to determine whether or not the Amalgamated received
a majority of the votes of the bus drivers voting.
The results of the secret ballot show that no collective bargaining
representatives have been selected by the majority of the employees
of the Company in an appropriate unit. We will accordingly dis-
miss the petition for investigation and certification filed by the
Brotherhood.
ORDER
Pursuant to Article III, Sections 8 and 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
ordered that the petition filed by Pioneer Greyhound Lodge No. 693,
Brotherhood of Locomotive Firemen and Enginemen, for investiga-
tion and certification of representatives of employees of Pacific
Greyhound Lines, San Francisco, California, be, and it hereby is,
dismissed.