St. Louis-Cape Bus Line

National Labor Relations Board - Board Decisions

Feb 11, 1946

65 N.L.R.B. 958 (N.L.R.B. 1946)

In the Matter of JAMES A. FINCH, ANCILLARY ADMINISTRATOR OF THE
ESTATE OF ROBERT F. HEMPERLE , DECEASED, D/B/A ST. Louis-CAPE
Bus LINE and CAIIAKIA LODGE No. 1011, INTERNATIONAL BROTHER-
HOOD OF RAILWAY TRAINMEN
Case No. 14-R-1270.-Decided February 11, .1946
Mr. James A. Finch, of Cape Girardeau, Mo., for the Company.
-Mr. J. TV. Thompson, of Kansas City, Mo., and Mr. Carl C. Lafe,
of St. Louis, Mo., for the Union.
Mr. John A. Nevros, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TI-1E CASE
Upon a petition duly filed by Cahakia Lodge No. 1011, Interna-
tional Brotherhood of Railway Trainmen, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of James A. Finch, Ancillary Admin-
istrator of the Estate of Robert F. Hemperle, deceased, d/b/a St.
Louis-Cape Bus Line, Cape Girardeau, Missouri,, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Harry G. Carlson, Trial
Examiner. The hearing was held at St. Louis, Missouri, on Novem-
ber 21, 1945. The Company and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce 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. TIIE BUSINESS OF THE COMPANY
James A. Finch, Ancillary Administrator of the Estate of Robert
F. Hemperle, deceased, doing business as St. Louis-Cape Bus Line,
I The name of the Company appears as corrected at the hearing.
65 N. L R. B., No. 168.
958
ST. LOUIS-CAPE BUS LINE 959
with its principal office, garage, and terminal office in Cape Girardeau,
Missouri, is a common carrier engaged in carrying passengers and
United States Mail between Cape Girardeau, Missouri, and St. Louis,
Missouri. It functions under a certificate of convenience and necessity
issued by the Public Service Commission of Missouri. The Company
operates a total of nine busses. Its bus line covers some 128 miles
and forms a connecting link in the transportation of passengers, prop-
erty, and the United States Mails to and from points outside the State
of Missouri. In the latter respect the Company maintains principal
interline connections with Great Southern Coaches and Southwestern
Greyhound Lines, both of which are interstate carriers, and also car-
ries United States Mail between St. Louis and Cape Girardeau, once
each way, 6 days a week.
During the first 6 months of 1945, the Company carried a total of
117,089 passengers; it also reclaimed the shin of $23,537.02 on tickets
sold by connecting lines, including the two interstate carriers, and
honored by the Company. During August and September 1945, the
Company sold tickets for its own line to the value of $45,979.97 and
interline tickets to the value of $5,779.70. During the first 7 months
of 1945, the Company expended in excess of $25,000 for gasoline, oil,
tires, and equipment, of which approximately 10 percent was obtained
from sources outside the State of Missouri.
In view of the foregoing facts, we are of the opinion, and we find,
that the Company is engaged in commerce within the meaning of the
National Labor Relations Act.2
H. THE ORGANIZATION INVOLVED
Cahakia Lodge No. 1011, International Brotherhood of Railway
Trainmen, is a labor organization admitting to membership employees
of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
2 See Matter of Peerless Stages, Inc., 62 N L. R B 1514; Matter of Turner Transporta-
tion Company and Shawnee City Lines , 60 N. L . R B. 87 , Matter of Menderson Bus Lines,
58 N. L R. B. 820.
3
The Field Examiner reported that the Union submitted 14' personal authorization cards,
of which 12 bear the names of employees listed on the Ccmpany 's pay roll immediately pre-
ceding August 20, 1945 , and that there are approximately 18 employees in the unit sought.
679100-46-'ol 65--62
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. ME APPROPRIATE UNIT
The Union seeks a ui it of all employees of the Company, including
ticket agents, but excluding clerical and supervisory employees.4 The
sole dispute between the parties relates to the ticket agents, whom the
Company would exclude on the grounds that their duties are more
closely identified with those of the clerical and office workers than
with those of the drivers and mechanics, and that they are more repre-
sentative of management than the other employees.
The Company employs approximately 11 bus drivers, 2 mechanics,
a porter, 3 ticket agents, some office clerical employees, a terminal
manager, and a superintendent.5 The ticket agents sell tickets, quote
tariffs, furnish general information to the public as to schedules, con-
nections with other bus lines, and rates; handle express waybills,
parcel checks, and baggage checking; and submit daily reports to the
Company of ticket sales to each destination. Their working condi-
tions, job qualifications, required experience, and training are differ-
ent from those of the bus drivers and mechanics. In addition they
are under the supervision of the terminal manager who also super-
vises the office clerical workers, while the bus drivers and mechanics
are supervised by the, superintendent who also dispatches the busses,
and hires drivers and mechanics. Accordingly, depite the testimony
that it is a general practice in that area to include ticket agents in a
unit with bus drivers and mechanics, we are satisfied from the fore-
going facts that the interests of these ticket agents are more closely
identified with those of the office clerical employees, whom the parties
agree to exclude, than with those of the 'bus drivers and mechanics.
We shall, therefore, exclude the ticket agents from the units
We find that all employees of the Company, excluding ticket agents,
office and clerical employees, the terminal manager, the superintend-
ent, foremen, and all or any 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 meaning 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
4 At the hearing the Union amended the unit astshown above.
The parties agree and the record clearly indicates that the terminal manager and the
superintendent are supervisory employees within our customary definition of the term.
6 See Matter of Southwestern Greyhound Lines, Inc , 60 N. L. R. B. 1388.
ST. LOUIS-CAPE BUS LINE 961
in the appropriate unit who were employed during the pay-roll period
immediately 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with James A. Finch,
Ancillary Administrator of the Estate of Robert F. Hemperle, de-
ceased, d/b/a St. LQuis-Cape Bus Line, Cape Girardeau, Missouri, 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, under
the direction and supervision of the Regional Director for the Four-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Sections 10 and 11, of
said Rules and Regulations , among employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately 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 those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election , to determine whether or not
they desire to be represented by Cahakia.Lodge No. 1011, Interna-
tional Brotherhood of Railway Trainmen, for the purposes of collec-
tive bargaining. -
MR. GERARD D. REZLLY took no part in the consideration of the above
Decision and Direction of Election.