Tennessee Coach Co.

National Labor Relations Board - Board Decisions

Mar 9, 1944

55 N.L.R.B. 362 (N.L.R.B. 1944)

In the Matter of TENNESSEE COACH COMPANY and AMALGAMATED Asso-
CIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES
OF AMERICA , DIVISION # 1164, AFFILIATED WITH THE A. F. OF L.
Case No. 10-R-1110.-Decided March 9,1944
Cllr. Charles D. Snepp, of Knoxville , Tenn., for the Company.
Mr. C. C. Maples, of Strawberry Plains, Tenn., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Association of Street,
Electric Railway and Motor Coach Employees of America, Division
#1164, affiliated with the American Federation of Labor, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Tennessee Coach Com-
pany, Knoxville, Tennessee, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before George S. Slyer, Trial Examiner. Said hearing was held
at Knoxville, Tennessee, on February 15, 1944. The Company and the
Union appeared , participated , and 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
I. THE BUSINESS OF THE COMPANY
Tennessee Coach Company, a Tennessee corporation with its office
and principal place of business located in Knoxville , Tennessee, is en-
gaged as a common carrier in the transportation of persons between
55 N. L . R. B, No 66
362
TENNESSEE COACH COMPANY 363
various termini located in the States of Tennessee, Georgia, Virginia,
and West Virginia. In the course and conduct of its business the Com-
pany purchased raw materials valued at approximately $650,000 dur-
ing the past year, of which about 77 percent was obtained from points
located outside the State of Tennessee. We find that the Company
is engaged in commerce, within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America, Division #1164, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
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. THE APPROPRIATE UNIT
The Union seeks a unit composed of all bus drivers of the Company.
The Company contends that such a unit is inappropriate, and that the
proper unit should include all employees of the Company exclusive of
clerical and supervisory employees and dispatchers.2
The functional operations of the Company are divided between a me.
chanical department under the supervision of a master mechanic, and a
transportation department, which includes the employees whom the
Union seeks to represent, under the supervision of a chief dispatcher.
Each of these departments has a separate seniority roster, and in the
I The Field Examiner reported that the Union submitted 56 application cards, of which
52 bole the names of persons appearing on the Company's pay roll containing the names
of 114 employees in the unit hereinafter found appropriate . He further reported that none
of the applications submitted by the Union contained names of employees not included
within said unit.
2 The Company argues, in support of its contention , that the Union had previously at-
tempted to organize employees in the more inclusive unit which it claims as appropriate.
We find no merit in this argument, since we are of the opinion that past organizational
attempts do not preclude the Union from representing a more limited unit of employees if
such a unit is, in fact , appropriate . See Matter of Standard Overall Company , 53 N. L. R B.
960
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
event of a transfer front one to the other, the employee so transferred
retains his seniority in his original department, and begins to acquire
seniority in the department to which he has been transferred. The
Union has endeavored to confine its present organizational activities
solely to the Company's drivers, and, as hereinbefore indicated, its rep-
resentational claims are restricted to this group.3
We have previously found that a group similar to that sought by the
Union constitutes a proper collective bargaining unit 4 In the absence
of any prior history of collective bargaining on behalf of the employees
of the Company, and in view of the foregoing circumstances, we are of
the opinion and find that the unit proposed by the Union is appropriate.
We find, therefore, that all bus drivers of the Company, excluding
the chief dispatcher, and all 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, and
all other employees of the Company, 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 the em-
ployees 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.
The Regional Director is hereby authorized to conduct the election
in whole or in part by mail.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Tennessee Coach
Company, Knoxville, Tennessee, 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 they direction and supervision
of the Regional Director for the Tenth 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
9 See footnote 1, supra
4 Matter of Dixie Greyhound Lines , Inc., 52 N L. R B. 424.
TENNESSEE COACH COMPANY 365
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately pre-
ceding the date of this Direction , including employees who did not
work during said pay-roll period because they were ill or on va-
cation 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 reinstated prior
to the date of the election, to determine whether or not they desire
to be represented by Amalgamated Association of Street, Electric
Railway and Motor Coach Employees of America , Division #1164,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.