Pennsylvania Greyhound Lines, et al.

National Labor Relations Board - Board Decisions

Oct 19, 1940

27 N.L.R.B. 973 (N.L.R.B. 1940)

In the Matter of PENNSYLVANIA GREYHOUND LINES, ET AL., (ATLANTIC
GREYHOUND CORPORATION) and THE BROTHERHOOD OF RAILROAD
TRAINMEN
Case No. R-151
SECOND SUPPLEMENTAL DECISION AND DIRECTION OF
RUN-OFF ELECTION
October 19, 1940
On August 12, 1940, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision and Direction and
Order in the above-entitled proceeding, inter alia, directing that the
Regional Director for the Ninth Region (Cincinnati, Ohio) open and
count certain challenged ballots.'
On August 21, 1940, the Regional Director prepared and duly served
upon the parties an Election Report which recited that, pursuant to
the Supplemental Decision and Direction and Order, the Regional
Director, in the presence of representatives of the International As-
sociation of Machinists, herein called the I. A. M., and the Atlantic
Greyhound Corporation, opened and counted the aforesaid ballots,
and that the result of the count and the grand total of votes were as
follows :
Number of alleged eligible voters____________________________ 208
Number of ballots placed in ballot box ------------------------ 180
Number of unchallenged ballots for Interstate Motor Trans-
portation Employees Union, Inc---------------------------- 48
Number of unchallenged ballots for International Association
of -Machinists. A. F. L_____________________________________ 46
Number of unchallenged ballots for Neither__________________ 32
Number of challenged ballots ----------------------- 54
Number of blank ballots_____________________________________ 0
Number of spoiled ballots____________________________________ 0
Number where challenge was allowed_________________________ 9
Number where challenge was disallowed_____________________ 45
126 N L. R B, No. 53 For earlier phases of this proceeding see 19 N L. R. B 692;
19 N. L. R. B. 693; 19 N. L R B 694; and 11 N. L. R. B. 738.
27 N L. It. B, No. 162.
973
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Result of challenged ballot count :
Challenged ballots for Interstate Motor Transportation Em-
ployees Union,Inc --------------------------------------- 20
Challenged ballots for International Association of Machin-
ists, A. F. L--------------------------------------------- 14
Challenged ballots for Neither--------------.--------------- 11
Grand Total of Votes for Interstate Motor Transportation Ern-
. ployees Union, Inc---------------------------------------- 68
Grand Total of Votes for International Association of Machinists- 60
Grand Total of Votes for Neither---------------------------- 43
On September 4, 1940, the I. A. M. filed a request that a run-off
election be conducted by the Board.
The Regional Director's Election Report of August 21'1940, reveals
that neither of the competing labor organizations received a majority
of the votes cast, but that a majority of the employees voting desired
one or the other of the two organizations to bargain collectively for
them. Under these circumstances, we shall direct a run-off election in
which the employees eligible to vote in the Group B election -- will be
given the opportunity to decide whether they desire to be represented
by the I. A. M. or by Interstate Motor Transportation Employees
Union, Inc., for the purposes of collective bargaining.
DIRECTION OF RUN-OFF 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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with the Atlantic Greyhound Corporation, Charleston, West Virginia,
an election by secret ballot shall be conducted as early as possible but
not later than thirty (30) days from this Direction of Run-off Election,
under the direction and supervision of the Regional Director for the
Ninth Region, acting in this matter as the agent of `the National Labor
Relations'Bonrd, and subject to Article III, Section '9;' Rules
and Regulations, among those employees of Atlantic Greyhound Cor-
poration, and its subsidiaries, described as eligible to vote in the Group
B election in the Supplemental Decision and Direction and Order
issued on August 12, 1940, but excluding those who have since quit
or been discharged for cause, to determine whether they desire to be
represented by International Association of Machinists or by Inter-
2See 19 N L. R B 694
- PENNSYLVANIA GREYHOUND LINES, ET AL. 975'
state Motor Transportation Employees Union, Inc., for the purposes
of collective bargaining.
MR. WILLIAM M. LEISERSON, concurring :
For the reason explained in my dissenting opinions ,3 I cannot agree
with the policy of the Board in ordering run-off elections. During the
present absence of a third member of the Board, however, I feel that
proper administration of the Act requires my adherence to the Board's
established- practice until that practice is reconsidered by' a Board
consisting of three members. Accordingly, I concur in the direction
of this run-off election.4
2 Matter o f Coos Bay Lumber Co and Lumber and Satom ill Workers Union , 16 N. L R. B
476; Matte of R. K. LeBlond Machine Toot Co., Cincinnati Electrical Tool Co, and
Independent Employees Organization , 22 N. L. R B. 465
4Matter of Wells -Lamont Smith Corporation and International Glove Workers of
America, Local 103, 27 N L. R B.-648