The Baltimore Transit Co.

National Labor Relations Board - Board DecisionsApr 8, 1946

67 N.L.R.B. 117 (N.L.R.B. 1946)

In the Matter of THE BALTIMORE TRANSIT COMPANY AND THE BALTI- MORE COACH COMPANY and THE BROTHERHOOD OF RAILROAD TRAINMEN Case No. 5-R-2_17b.-Decided April 8, 1946 Messrs. Charles A. Trageser and Philip B. Perlman, of Baltimore, Md., for the Company. Mr. Bernard M. Savage, of Baltimore, Md., for the B. R. T. Mr. Clayton G. Perry, of Baltimore, Md., for the Amalgamated. Mr. Harry R. Ehrlich, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by The Brotherhood of Railroad Train- men, herein called the B. R. T., alleging that a question affecting commerce had arisen concerning the representation of employees of The Baltimore Transit Company and The Baltimore Coach Company, herein jointly called the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earle K. Shave, Trial Examiner. The hearing was held at Baltimore, Maryland, on February 13, 1946. The Companies, the B. R. T., and Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Division 1391, A. F. of L., herein called the Amalgamated, appeared and participated. All parties were af- forded full opportunity to he 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. THE BUSINESS OF THE COMPANIES The Baltimore Transit Company and The Baltimore. Coach Com- pany are Maryland corporations having their principal office and 67 N. L. R. B., No. 15. 117 118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD place of business in Baltimore, Maryland, where the former is in the business of operating a street railway system and the latter a bus transportation system, as a single, completely unified and integrated transportation enterprise. The directing force of the enterprise is the Baltimore Transit Company, which wholly owns and controls the Baltimore Coach Company. The Companies operate 22 bus lines and some 30 street car lines, including 3 trackless trolley lines, which serve practically every dis- trict of Baltimore. Approximately 1,473 vehicles are used. During the last 6 months of 1944, these vehicles carried in excess of 132,000,000 revenue passengers, and traveled in excess of 20,000,000 vehicle miles. The Companies carry a substantial number of passengers to outlying industrial areas and to the heart of Baltimore where wholesale and manufacturing districts are located. In connection with the foregoing operations, the Companies annually bring into the State of Maryland large quantities of materials, supplies, and equipment. The Companies admit that they are engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Brotherhood of Railroad Trainmen is a labor organization, admitting to membership employees of the Companies. Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Division 1391, is a labor organization, affiliated with the American Federation of Labor, admitting to mem- bership employees of the Companies.' III. THE QUESTION CONCERNING REPRESENTATION The Companies have refused to grant recognition to the B. R. T. or the Amalgamated as the exclusive bargaining representative of their employees until the B. R. T. or the Amalgamated 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 B. R. T. and the Amalgamated represent a sub- stantial number of employees in the unit hereinafter found appro- priate.2 1 Division 1391 is a separate local although affiliated with the same International as Division 1300 which was certified by the Board on March 15 , 1945, in The Matter of The Baltimore Transit Company and The Baltimore Coach Company, 59 N. L. R. B. 159, as exclusive bargaining agent for all employees of the Companies in the Transportation Divi- sion, Shops Division , Ways and Structure Division , and Power Division except for all office and clerical employees employed In any of the Companies ' divisions. s The Field Examiner reported that the B . R. T. submitted 137 authorization cards, and that the Amalgamated submitted 66 membership cards. There are approximately 250 employees in the appropriate unit. THE BALTIMORE TRANSIT COMPANY 119 We find that a question affecting commerce has arisen concerning the representation of employees of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties are in substantial agreement that the appropriate unit should consist of all office and clerical employees of the Companies, including trouble clerks at the power division and the receiving clerk at the shops division , but excluding confidential , professional, and technical employees listed in Appendix A, all pensioned employees, the part -time telephone operator in the telephone exchange ,3 and all or any other supervisory employees with authority to hire, promote, discharge, discipline , or otherwise effect changes in the status of em- ployees, or effectively recommend such action. They are in dispute, however, with regard to certain employees discussed below. ' Secretary-Stenographer to the Head of Information and Service Department: The Amalgamated would exclude this employee as a confidential employee. The B. R. T. would include her. The head of this department assists in shaping the Companies ' policies with re- spect to labor relations matters, and in this connection he dictates con- fidential information relative to broad labor policies of the Companies to his secretary stenographer . Accordingly, we-shall exclude her. Transit Man and Chainman-Engineers Department : The Amal- gamated would exclude these employees and the B. R. T. would in- clude them . The evidence discloses that they spend almost all their time making instrument surveys of the Companies ' leased track, buildings or property lines ; their work does not bring them into con- tact with the other office and clerical employees . We are of the opin- ion that the duties and interests of these employees are substantially different from those of the other office employees and we shall there- fore exclude them from the unit. M. A. Reedy, Clerk-Auditing Department (Detail-Depart- mental). The Amalgamated would exclude this employee ; the B. R. T. would include him. Although he was employed by the Companies in a supervisory capacity for almost 20 years, the evidence shows that he is now employed as a clerk with no supervisory duties. We shall, therefore, include him in the unit. G. R. Young, Clerk-Auditing Department (Pay-Roll Group) : The Amalgamated would exclude him from the unit as a confidential employee , and the B. R. T. would include him. The evidence dis- closes that he has access to the Companies ' pay roll and to the Amal- ' Mrs. J. L. Moore, who works only 4 or 5 days per month and whose work is highly irregular. 120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gamated's membership lists submitted to the Companies for the purpose of check-off of dues pursuant to its contract covering the em- ployees of the Companies in the production and maintenance unit. We are of the opinion that this data is not such confidential informa- tion relating to labor relations of the Companies as would warrant his exclusion; we shall include him in the unit. We find that all office and clerical employees of the Companies, including trouble clerks at the power division, receiving clerk at the shops division, auditing department (detail-department) clerk,4 and auditing department (pay-roll group) clerk,5 but excluding confi- dential, professional, and technical employees listed in Appendix A, all pensioned employees, the part-time telephone operator in the tele- phone exchange, the secretary-stenographer to the head of Informa- tion and Service department, the transit man and chainman in the Engineers department, and all or any other supervisory employees with authority 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 purpose of collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRE SENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees 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 Relations 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 The Baltimore Transit Company and The Baltimore Coach Company, Baltimore, Maryland, 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 Fifth 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 M. A. Reedy. ° G. R Young. THE BALTIMORE TRANSIT COMPANY 121 found appropriate 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 in- cluding 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 they desire to be represented by The Brotherhood of Railway Train- men, unaffiliated, or by Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Division 1391, affiliated with the A. F. of L., for the purposes of collective bargaining, or by neither. APPENDIX A MAIN OFFICE Executive O ice Secretaries File Clerks Telephone Exchange Chief Operator Assistant Chief Operator Information and Service Department Manager Welfare-Personnel Department Assistant Superintendent Stenographers Personnel Clerks e Registered Nurse Safety Department All employees Claim Department Assistant Claim Agent Court Claim Adjustor Special Adjustor and Attorney Special Adjustor Court Docket Clerk Chief Investigator Statistical Clerk Assistant Chief Investigator Compensation Clerk 6 M. W. Jones and W G Woods 122 All employees Stenographers All employees Secretary Secret Service and Inspection Investigators ' Telephone Clerk S Accident Estimator s Legal Department Purchasing Department Treasurer 's Office Chief Clerk Traffic Department Superintendent of Traffic Chief Clerk Superintendent of Schedules Supervisor of Checkers Assistant Superintendent of Schedules Ticket Department Ticket Agent Outing and Tours, Excursion Department Superintendent Engineers Department (Ways and Structures Department) Accountant Assistant Engineer Special Engineer Chief Draftsman Power Department Assistant Superintendent Power Chief Operator Superintendent Overhead Lines Senior Engineer Superintendent Underground Designing Engineer Cables Junior Engineer Superintendent Signals Chief Clerk Superintendent Substations Superintendent Substations Equipment DECISIONS OF NATIONAL LABOR RELATIONS BOAR!) 7 W. Weinblatt. 8 J. Gast. 9 J. Frazer. THE BALTIMORE TRANSIT COMPANY Main Auditing Accountants Special Typists and Clerk Chief Clerk Typists and Clerk Transportation Department Stenographer Typist and Clerk Employee Relations Group Stenographer All employees Employment Record Ogee Research Department Assistant Research Engineer PARK TERMINAL Lost Article Department Transportation Department Clerk Auditing Department (Detail-Departmental) Supervisor Paymaster Auditing Department (Pay-Roll Group) Assistant to Cashier Supervisor All employees M Supervisor Supervisor Assistant Paymaster Cashier's Department Assistant Supervisor Armoured Truck Division ileage and Revenue Recording Passenger Revenue Group Relief Supervisor Engineer's Department 123 Assistant Engineer 124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SHOPS Material Records Group Supervisor Supervisor Gasoline Records Group Storeroom Storekeeper Assistant Storekeeper Garage Expense Group Chauffeur to President Chauffeur to Operating Manager Shop Department Assistant Superintendent Equip - Assistant Foremen ment Inspector Tools and Scrap Foremen Draftsman Supervisors of Carhouse Shops Chief Clerks Engineer's Department Roadmaster Supervisors Transportation Department Chief Supervisor Supervisors Night Supervisor Supervisor of Instructors Chief Instructor Instructors Line Superintendents Inspectors Night Inspectors Forewoman-Women Operators Chief of Police Policemen Dispatchers Dispatcher's Clerks