Rio Grande Truck Lines

National Labor Relations Board - Board DecisionsSep 23, 1940

27 N.L.R.B. 408 (N.L.R.B. 1940)

0 In the Matter of R. G. SPITZER, DOING BUSINESS AS Rio GRANDE TRUCK LINES and MOTOR TRANSPORTATION EMPLOYEES Associ tTION Case No. R-1928 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 03, 1940 On July 29, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Elections in the above-entitled proceeding.1 Pursuant to the Direction, elections by secret ballot were conducted on August 20, 21, 22, and 23, 1940, under the supervision and direction of the Regional Director for the Twenty-second Region (Denver, Colorado). On August 24, 1940, the Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served on the parties. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : DOCK AND PICK-UP DIEN , DRIVERS , AND THE NON - SUPERVISORY MECHANIC Total number eligible to vote-------------------------------- 56 Total number of ballots cast--------------------------------- 52 Total number of ballots counted----------------------------- 51 Total number of votes for Motor Transportation Employees Association----------------------------------------------- 35 Total number of votes for International Brotherhood of Team- sters, Chauffeurs, Stablemen, and Helpers of America, affili- ated with the American Federation of Labor--------------- 16 Total number of votes for neither Motor Transportation Em- ployees Association nor International Brotherhood of Team- sters, Chauffeurs, Stablemen, and Helpers of America ------ 0 Total number of blank ballots ------------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of challenged ballots--------------------------- 1 1 25 N. L R B 1069 27 N. L R B , No 87. 408 BRIO GRAN 'E TRUCK LINES, 409 CLERKS, GENERAL OFFICE EMPLOYEES, AND AGENTS WITHOUT POWER TO HIRE OR DISCHARGE Total number eligible to vote-------------------------------- 16 'Total number of ballots cast-------------------------------- 13 Total number of ballots counted______________________________ 13 Total number of votes for. Motor Transportation Employees Association----------------------------------------------- 11 Total number of votes against Motor Transportation Employees Association----------------------------------------------- 2 Total number of blank ballots________________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged ballots___________________________ 0 In the Decision and Direction of Elections previously referred to, the Board made no final determination as to the appropriate unit or units. The Board there stated : . . . we shall direct two separate elections by secret ballot. The first election shall be conducted among the dock and pick-up men, drivers, and the non-supervisory mechanic; therein these employees will be afforded an opportunity to vote for the Brother- hood, for the Association, or for neither. The second election will be conducted among the clerks, general office employees, and agents without power to hire or discharge. . . . If the Association is selected by a majority of employees in both elec- tions, both voting groups together will constitute an appropriate unit, and we shall certify the Association as the representative of that unit. , Upon the basis of the entire record in the case, the Board makes the following SUPPLEMENTAL FINDINGS OF FACT We find that the clock and pick-up men, drivers, the nonsupervisory mechanic, clerks, general office employees, and agents without power to hire or discharge, employed by R. G. Spitzer, doing business as Rio Grande Truck Lines, Albuquerque, New Mexico, excluding agents with power to hire and discharge, foremen, traffic men, so- licitors, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. Upon the basis of the above supplemental findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW The dock and pick-up men, drivers, the non-supervisory mechanic, clerks, general office employees, and agents without power -to hire or 410 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD discharge , employed by R. G. Spitzer , doing business as Rio Grande Truck Lines, Albuquerque , New Mexico , excluding agents with power to hire and discharge, foremen, traffic men, solicitors , and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION _OF REPRESENTATIVES 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, 49 Stat. 449 , and pursuant to Article III, Sections 8 and 9, of National Labor , Relations Board Rules and Regulations-Series as amended, IT .IS HEREBY CERTIFIED that Motor Transportation Employees As- sociation has been designated and selected by a majority of the dock and pick-up men, drivers , the'non-supervisory mechanic, clerks, gen- eral office employees , and agents without power to hire or discharge, employed by R. G. Spitzer , doing business as Rio Grande Truck Lines, Albuquerque, New Mexico , excluding agents with power to hire and discharge , foremen, traffic men, solicitors , and supervisory employees, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Motor Transportation Employees Association is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay , wages, hours of employment , and other conditions of employment.