The Greyhound Corp.

National Labor Relations Board - Board Decisions

Aug 2, 1962

138 N.L.R.B. 8 (N.L.R.B. 1962)

S DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Retail Clerks Local 1245, they will be taken to have indicated their
desire to constitute a separate unit.
If a majority of the employees in voting group 3 select Meat Cutters
Local 1, or if a majority of the employees in voting group 4 select
Retail Clerks Local 345 or Retail Clerks Local 1245, they will be taken
to have indicated their desire to be represented in a unit separate from
the, meat department employees. However, if a majority of the em-
ployees in group 4 do not vote for Retail Clerks Local 345 or for
Retail Clerks Local 1245, these employees of voting group 4 will be
appropriately included with the employees of group 3, and their votes
will be pooled with those in group 3.14 If a majority of the pooled .
group select Meat Cutters Local 1, they will be taken to have indicated
their desire to constitute a single combined unit of all store employees,
including meat department employees. The Regional Director is in-
structed to issue a certification of representatives or results depending
upon the outcome of the elections.
[Text of Direction of Elections omitted from publication.]
14If the votes are pooled, they are to be tallied in the following manner The votes
for Retail Clerks Local 345 and Local 1245 in voting group 4 shall be counted as valid
votes, but neither for nor against Meat Cutters Local 1, the labor organization seeking
to represent a single unit of meat department and other stoic employees All other
votes are to be accorded their face value, whether for representation by the union seeking
the more comprehensive group or for no union
Eastern Greyhound Lines (A Division of The Greyhound Corpo-
ration ) and Amalgamated Association of Street , Electric Rail-
way and Motor Coach Employees of America , AFL-CIO,
Petitioner . Case No. 8-PC-4705. August $, 1969
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of the National Labor
Relations Act, a hearing was held before Nora Friel, hearing officer.
The hearing officer's rulings made, at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Leedom, Fanning, and
Brown].
Upon the entire record in this case,' the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
1 The Employer has requested oral argument. This request is .hereby denied because
the record and the briefs adequately present the issues and the positions of the parties.
138 NLRB No. 4.
EASTERN GREYHOUND LINES (DIV. GREYHOUND CORP.) 9
3. A question affecting commerce exists concerning the representa-
tion of the employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. The Employer is a Delaware corporation operating an interstate
bus service in 19 Northeastern States, the District of Columbia, and,
2 Canadian Provinces,' under license from the Interstate Commerce
Commission. The Employer is organized structurally into a number
of operating departments, including transportation, maintenance,
marketing (sales), and safety, each of which is headed by a vice presi-
dent. The handling of grievances, arbitration, negotiation of labor
agreements, and overall conduct of personnel and labor relations
matters is centralized in the industrial relations department which
has ultimate authority over hiring, discharge, and changes in the
employment status of employees. The safety supervisor, under the
vice president for safety, interviews, hires, and trains drivers. There-
are two directors of maintenance who report to a vice president.
Garage superintendents are located at all company-operated garages
except minor ones and shift foremen and departmental foremen are
responsible to them.
The transportation department is functionally divided into ter-
minal, dispatch, and baggage operations. It is divided geographi-
cally into four regions within the United States with headquarters
at New York, Cleveland, Chicago, and Washington. Each region is
headed by a regional manager. Under the regional managers there
are various supervisory officials including superintendents of opera-
tions control, assistant superintendents of operations control, assistant
regional managers, transportation superintendents, operating super-
intendents, transportation supervisors, superintendents and assistant
superintendents, and chief dispatchers. There are 46 company-
operated terminals and the larger ones have a terminal manager.
This phase of the operations covers generally baggage, ticket, and
janitorial functions.
Within the transportation department there are approximately 121
dispatchers and 4 assistant dispatchers whom the Petitioner seeks to^
represent in a companywide unit. The Employer contends that its
dispatchers are supervisors within the meaning of the National Labor
Relations Act.
The evidence established that 1,536 regular drivers and 918 extra
drivers operate out of 33 dispatch points manned by dispatchers and
assistant dispatchers, and that there may be some 3,000 drivers during-
the summer season.
It was not contended at the hearing nor does the Employer main-
tain that dispatchers have authority to hire, transfer, lay off, promote,.
2 The dispatchers in Canada are not employed by the Employer herein and are not in-
volved in this proceeding
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
discharge, or reward employees. The issues presented revolve about
the question whether dispatchers have authority to discipline, sus-
pend, or assign employees, responsibly to direct them, to adjust their
grievances, or effectively to recommend such action, and whether the
exercise of such authority requires the use of independent judgment.
The primary function of the dispatchers is to dispatch buses and
drivers in accordance with company schedules and anticipated needs
for extra service. They are also required to forecast needs, make
sufficient use of equipment and manpower, sign drivers' pay slips,
handle drivers' bids, report infractions of rules by drivers, prepare
clerical reports relating to traffic and equipment, receive telephone re-
ports of accidents, notify proper authorities thereof, and maintain
liaison with and coordinate with other dispatch points regarding ad-
ditional needs and the availability of men and equipment.
Authority to suspend: It appears that at one time dispatchers had
authority to "remove a man from service," but that such authority
has been curtailed by changes in the operational scheme. The evi-
dence indicates that in cases of major violations the dispatcher tells
the driver to see the superintendent, thus "removing him from serv-
ice" until a decision is made by the higher official. We believe that
the power to relieve a man from his duties under such circumstances
is not the authority to suspend contemplated in Section 2(11) of the
Act .3
Authority to adjust grievances: The evidence shows that many
-grievances consist of "runarounds," that is, a procedure by which one
of the extra operators (who are generally worked on a first-in, first-
-out basis) is placed at the bottom of the list of available drivers.
The agreement between the Union and the Employer provides for the
amount of compensation a driver is to receive (1) in cases where no
protest is made to the dispatcher concerning a runaround and (2) in
cases where protest is made and the dispatcher has knowledge of the
-claim. It would thus appear that the initial procedure for handling
runarounds is standard and does not at this stage become a grievance.
The agreement between the Employer and the Union sets forth that
all grievances, "... shall be presented in writing to the supervisor
designated by the company." The evidence adduced establishes that
dispatchers are not included among those so designated. Accord-
ingly, we find that dispatchers do not have authority to adjust griev-
ances as contemplated by Section 2 (11).'
Authority to assign and to recall: Dispatchers assign equipment,
call extra men to work when needed, and allocate available work to
8 The Cincinnati Transit Company , 121 NLRB 765, 766; Southern Industries Company,
-et at, 92 NLRB 998. Cf. Capital Transit Company, 114 NLRB 617, 627
'The Baltimore Transit Company and the Baltimore Coach Company , 92 NLRB 688,
692, see footnote 11; Frank G Shattuck Company, 106 NLRB 838, 843; Cinch Manu-
facturing Corporation, 98 NLRB 781, 784.
EASTERN GREYHOUND LINES (DIV. GREYHOUND CORP.) 11
drivers. The assignment of regular runs is governed strictly on the
basis of seniority under the provisions of the contract. When runs
are open, bids are submitted to and received by the dispatcher and
he notifies the drivers of the results of the bidding. Similarly, it is
the dispatcher's duty to notify personnel in case of "bumpdowns" (i.e.,
where a junior has been displaced by a senior operator in accordance
with terms of the agreement). The number of extra drivers called
to work by the dispatcher is based on his determination of what is
required to adequately maintain and protect service to passengers.
Extra drivers are assigned on the basis of the contract, which is a first-
in, first-out rotating basis. Further limitations on extra work result
from ICC regulations on driving hours, the drivers providing the
dispatcher with information as to the number of hours worked. No.
evidence was introduced to show that the dispatcher uses discretion
in the selection of the particular men for these extra assignments.
Additionally, the calling of extra drivers to work cannot be consid-
ered a "recall" in the customary meaning of the term, since the selec-
tion of employees is predetermined by the contract. We find from,
the foregoing that assignment of operators does not involve the use
of independent judgment and that the dispatchers do not responsibly
assign work in this regard.5
Authority effectively to recommend discipline : Much testimony was-
adduced on the role of the dispatcher in disciplining drivers. Forms
used by dispatchers to report infractions of rules were received in,
evidence, some of which provide space for the dispatcher's recom-
mendations for the type of discipline to be administered. The testi-
mony indicated that only in the distant past prior to administrative
and operational changes and very recently were dispatchers encour-
aged to recommend discipline: On the other hand, the Employer-
contends that this has consistently been one of the duties of the dis-
patcher, and job descriptions outlining such duties were introduced.6
However, other testimony indicated that dispatchers, not having ac-
cess to personnel files, have limited information concerning drivers'
records and therefore cannot make adequate disciplinary recommenda-
tions. Moreover, an independent investigation is made and there is no
probative evidence that any weight is given to a dispatcher's recom-
mendations.? We conclude under all the circumstances, that such
recommendations are not "effective" within the meaning of the Act.'
5 Capital Transit Company, 98 NLRB 141, 144.
O The actual existence of supervisory authority rather than its exercise is controlling.
However, the absence of exercise of authority may negative its existence . Capital Transit
Company, 114 NLRB 617, 619 , and cases cited therein
7 Compare Seashore Transportation Company, 95 NLRB 1296 , 1298, where although an
independent investigation was made, the record indicated that the employer gave con-
siderable weight to the dispatcher ' s recommendations before taking final action.
8 See Schott Metal Products Company, 129 NLRB 1233 , 1234-1235; and Eastern Sugar-
Associates ( a Trust ) d/b/a Central Juncos, 119 NLRB 493, 494.
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The authority responsibly to direct employees: Various duties of
the dispatchers were cited in the Employer's brief and at the hearing
for the purpose of showing that dispatchers have authority responsibly
to direct drivers in the interests of the Employer. Such duties include
selection of proper equipment, obtaining and dispatching extra men
and equipment to other locations as needed, supervising the bidding
on runs, assigning equipment to men and giving them special operat-
ing instructions, determining that a driver is in a fit physical and
mental condition to operate his run, overseeing the loading of buses,
granting permission for days off, approving pay slips, determining
what regular driver will be used if needed when a supply of extra
drivers is exhausted, controlling work of extra drivers in determining
whether to put them on extra sections, charters, or "deadheading" 0
them, and in determining need for "protection." 10 It is also con-
tended that dispatchers responsibly direct because they may cancel
runs or delay departures, enforce safety rules and regulations, and
"take charge" when an accident occurs. The Employer states that the
manner in which such duties are carried out has a financial impact
on the Employer amounting to many thousands of dollars and that
in carrying out such duties the dispatchers are required to exercise
independent judgment.
However, by virtue of the operational changes referred to above,
such authority has become very limited as the various newly estab-
lished control centers now determine whether equipment should be
"deadheaded," and, except for certain dispatch points such as Clarks-
burg, approval must be secured through the control centers.
Similarly, with the selection of proper equipment, testimony showed
that selection of buses was merely made from an approved list and
that dispatchers had no knowledge of the mileage on each bus and
thus could not equalize mileage. 'There equipment is used "off-pool,"
approval must be obtained from control coordinators. The dispatch of
men to other locations is done on the basis of seniority and in response
to standing orders, limited only by requirements at the dispatch point.
Supervision of bidding consists of receiving bids and giving notice
of results; there is no discretion to receive late bids. Dispatchers may
transmit special operating instructions which concern road condi-
tions, driving hazards, etc. Notice of driving conditions is often
received by teletype and posted for drivers' attention. Dispatchers
also receive and then transmit any other information such as special
rerouting or pickup requests. Accidents are reported by telephone to
B "Deadheading a man" is sending him to another location in an empty bus
"Men on "protection " are in a standby capacity In case they are needed to handle
additional runs.
EASTERN GREYHOUND LINES (DIV. GREYHOUND CORP.) 13
the dispatcher who takes the necessary information on a standard
form and notifies other authorities such as garage and claims per-
sonnel. In case of major accidents the garage determines the con-
dition of the equipment and superintendents are consulted as to
whether to remove the driver from service.
Job descriptions were introduced specifying that dispatchers inspect
drivers to assure they are in proper uniform and condition to work.
However, often dispatchers do not even see drivers before they go out
on runs. Instructions have been issued in some instances that drivers
were not to come into the dispatch office. In many locations the load-
ing platforms are not visible from the dispatch office, and the dis-
patcher, due to the pressures of his job, does not have time for such
inspections.
The enforcement of safety regulations apparently consists of as-
suring that drivers are not assigned more time than allowable by ICC
regulations; the drivers maintain driving-time logs and furnish the
information with respect thereto to the dispatchers. Dispatchers
cannot enforce safety regulations with respect to operation of the
vehicle since they are not out on the road; 11 furthermore, the record
indicates that this is the responsibility of the safety department.
Where a group of passengers requests a charter bus immediately and
the superintendent is not available, the dispatcher will handle the
charter, based on company-established procedure, and charge estab-
lished tariffs. Where the supply of extra drivers has been exhausted,
the dispatchers may call on a regular driver when needed, but only
if such driver is willing to work.
Dispatchers sign pay slips for routine matters, subject however to
approval for final payment by home office officials. Among items of
pay which the dispatchers verify are ferry crossings, turnpike fees,
minimum assignments and mileage figures, and the number of hours
for protection duty. On the other hand, verification by higher offi-
cials is required for minimum pay period claims and holiday, sick, and
vacation pay.
A full consideration of the functions and duties of the dispatchers
leads us to conclude that they do not responsibly direct employees
within the meaning of Section 2(11) of the Act. It appears, rather,
that if the dispatchers exercise true independent judgment, it is with
respect to the handling of equipment which in itself, does not involve
responsible direction of other employees.12 Nor does the mere relaying
n Thus the instant case is distinguishable from New York City Omnibus Corporation,
104 NLRB 579 , 583, where bus supervisors could choose to work in the depot or on a
route , and City Transportation Company, 131 NLRB 814 , where street supervisors have
control of drivers when they are on the streets.
New England Transportation Company, 90 NLRB 539, 540
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of instructions constitute responsible direction of employees.13 The
Board has previously held that persons with virtually identical duties.
to those of the dispatchers in this case are not supervisors.14
We have not detailed all the functions of the dispatchers which are
alleged to include, in addition, preplanning the use of rental equip-
ment in order to save costs, maintaining contact with garage in work-
ing out equipment assignments, notifying other dispatch points of
departure times and load counts via teletype or telephone, coordination
with terminal officials, announcing departures, entering load counts
and departure times on dispatch sheets, preparation of reports, and
giving information and rendering service to the public. We do not be-
lieve, however, that such duties tend to establish the existence of super-
visory authority since these factors merely exemplify the varied
duties of the dispatchers and do not illustrate that they responsibly
direct employees in the exercise of these duties.
We have also considered evidence that dispatchers on the average
earn less than drivers, that the ceiling on dispatchers' earnings is con-
siderably lower, that dispatchers are hired from outside employment
agencies and employed without previous experience, that they do not
attend weekly management meetings, that while they may be promoted
to higher management jobs, drivers may also be promoted to such jobs
without having served as a dispatcher. Although drivers do become
dispatchers, dispatchers also relinquish their jobs to become drivers,
and drivers do not consider dispatchers as their "bosses." While such
factors may not be controlling, they lend support to our conclusion.
Furthermore, although the Employer contends that the ratio of super-
visors to employees would be disproportionate, large ratios of em-
ployees to supervisors are not unusual in the bus transportation
industry.15
In view of the above and the record as a whole , we find all dis-
patchers and assistant dispatchers employed by the Employer, ex-
cluding chief dispatchers and all other employees, constitute a unit
appropriate for collective bargaining within the meaning of Section
9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
is See Man Products, Inc., 128 NLRB 546, 547.
'4New England Transportation Company, 90 NLRB 539. There the Board said that
by their very nature the dispatching of buses and assignment of bus runs and drivers to
such runs are normally routine matters The Cincinnati Transit Company , 121 NLRB
765. The Baltimore Transit Company and The Baltimore Coach Company , 92 NLRB 688.
See also Capital Transit Company, supra, where the Board found that direction and con-
trol exercised by inspectors was concerned primarily with equipment and the direction or
control of personnel was incidental thereto.
m New York City Omnibus Corporation, 104 NLRB 579, 584