United Motor Freight Terminal, Inc.

National Labor Relations Board - Board Decisions

Jul 18, 1939

13 N.L.R.B. 661 (N.L.R.B. 1939)

In the Matter of UNITED MOTOR FREIGHT TERMINAL, INC. and IN-
TERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN
AND HELPERS OF AMERICA, LOCAL #877
Case No. C-1295.-Decided July 18, 1939
Trucking Indust ry-Settleanen,t: stipulation providing for compliance with
the Act, including reinstatement with back pay in specified amount, charges
of violation of Section 8 (5) dismissed-Order: entered on stipulation.
Mr. Alexander E. Wilson, Jr., for the Board.
Mr. James B. Smiley, of Birmingham, Ala., for the respondent.
Mr. John L. Busby, of Birmingham, Ala., for the Union.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International
Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of
America, Local #877, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Tenth Region (Atlanta, Georgia), issued its complaint dated
May 11, 1939, against United Motor Freight Terminal, Inc., Bir-
mingham, Alabama, herein called the respondent, alleging that the
respondent had engaged in and was engaging in unfair labor prac-
tices affecting commerce within the meaning of Section 8 (1), (3),
and (5) and Section 2 (6) and (7) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. Copies of the com-
plaint and notice of hearing thereon were duly served upon the
respondent and the Union. The respondent did not file an answer.
Concerning the unfair labor practices, the complaint alleged, in
substance, that although a majority of the employees in an appro-
priate unit had designated the Union as their representative for the
purpose of collective bargaining, the respondent refused to bargain
collectively with the Union; that the respondent terminated the em-
ployment of and refused to reinstate H. O. Harrison, an employee,
13 N. L. R. B., No. 74.
661
187930-39-vol. 13-43
662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
because he joined and assisted the Union and because he engaged in
concerted activities for the purposes of collective bargaining and
other mutual aid and protection; that the respondent required its
employees to sign individual contracts covering wages, hours, and
conditions of employment; and that the respondent, by the above-
mentioned activities, and by urging, persuading, and warning its em-
ployees to refrain from becoming or remaining members of the
Union and by threatening its employees with discharge, or other
reprisal, if they became or remained members of the Union, and by
other acts, interfered with, restrained, and coerced its employees in
the exercise of the rights guaranteed in Section 7 of the Act.
On May 24, 1939, the respondent, the Union, and counsel for the
Board entered into a stipulation in settlement of the case. This stipu-
lation provides as follows :
STIPULATION
The United Motor Freight Terminal, Inc., (hereinafter called
the Respondent), by James B. Smiley, its attorney, the Interna-
tional Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, Local #877 (hereinafter called the Union),
by its attorney, John L. Busby, and Alexander E. Wilson, Jr.,
Attorney for the Tenth Region of the National Labor Relations
Board, (hereinafter called the Board), hereby stipulate and
agree as follows :
1. That on or about March 24, 1939, the Union filed a charge
against the Respondent alleging that the Respondent had vio-
lated Section 8, subdivisions 1, 3 and 5 of the National Labor
Relations Act in that the Respondent on or about November 21,
1938, by threats, intimidations and insinuations, discouraged the
formation of said Union and the membership of its employees
therein, and on or about November 21, 1938, did discharge H. O.
Harrison because of membership and activity in said Union, and
on or about November 28, 1938, did refuse to bargain in good
faith with the said Union.
2. That the Union is a labor organization within the meaning
of Section 2, subdivision 5 of the National Labor Relations Act.
3. The said Respondent, through its attorney, acknowledges
service upon it of a formal complaint issued by the Regional
Director for the Tenth Region, and specifically waives its right
to file any motions or answers objecting to jurisdiction, or set-
ting forth any other defense it might have to the aforesaid
charge. The Respondent specifically waives its right to partici-
pate in a hearing before a Trial Examiner of the Board; waives
its right to receive an Intermediate Report, and further waives
UNITED MOTOR FREIGHT TERMINAL, INCORPORATED 663
its right to the filing of any exceptions to any findings or recom-
mendations which might have been rendered by such Trial
Examiner in a formal hearing.
4. The respondent is, and has been for a long period of time,
an Alabama corporation and has its principal place of business
in the City of Birmingham, State of Alabama and also main-
tains a branch office in Atlanta, Georgia. The company is en-
gaged in business as a common carrier by motor vehicle in the
transportation of commodities generally between its terminal
points, Birmingham, Alabama and Atlanta, Georgia. The re-
spondent operates approximately sixteen trucks, furnishing daily
service between the terminal points. The company employs
approximately thirty-five persons, of whom eight are listed as
regular drivers and three as extra drivers. The respondent
admits that it is engaged in interstate commerce within the mean-
ing of Section 2, subdivision 21 of the National Labor Relations
Act.
5. It is further stipulated and agreed by the parties hereto
that the Board may enter an Order herein, and the Respondent
specifically waives its right to the making of findings of fact
and conclusions of law by the Board.
6. On the basis of the foregoing facts, the Respondent and
the Union agree that the Board shall enter an Order as follows :
ORDER
Upon the basis of this stipulation and conclusions of law, and
pursuant to Section 10 (c) of the National Labor Relations Act,
the National Labor Relations Board hereby orders that the Re-
spondent, its officers, agents, successors and assigns shall:
1. Cease and desist :
(a) From in any manner discouraging membership in the
International Brotherhood of Teamsters, Chauffeurs, Stablemen
and Helpers of America, or any other labor organization, by
laying off, discharging or refusing to reinstate, or otherwise
discriminating against its employees in regard to hire or tenure
of employment, or any term or condition of employment;
(b) From in any other manner interfering with, restraining,
or coercing its employees in the exercise of the right to self-
organization, to form, join, or assist labor organizations, to bar-
gain collectively through representatives of their own choosing,
and to engage in concerted activities for the purpose of collec-
1 This is obviously an inadvertence since the correct citation is Section 2, subdivision 6
664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tive bargaining or other mutual, aid or protection, as, guaranteed
in Section 7 of the National Labor Relations Act.
2. Take the following affirmative action, which the Board
finds will effectuate the policies of the Act:
(a) Offer to H. O. Harrison immediate and full reinstatement
to his former or equivalent position, without prejudice to his
seniority and other rights and privileges;
(b) Make whole H. O. Harrison for any loss of pay he has
suffered by reason of the Respondent's discrimination in regard
to the terms and conditions or hire and tenure of his employment
by payment to him the sum of two hundred and fifty ($250.00)
dollars ;
(c) Post in conspicuous places throughout its terminals in
Birmingham, Alabama and Atlanta, Georgia, copies of this order
and notices stating that the respondent will cease and desist in
the manner aforesaid and that the respondent will take the af-
firmative action as aforesaid. The aforesaid notices shall re-
main posted for a period of at least sixty operating clays from the
date of posting;
(d) Notify the Regional Director for the Tenth Region in writ-
ing within 10 days from the date of this order what steps the
Respondent has taken to comply therewith.
The allegations of the complaint, that the Respondent, United
Motor Freight Terminal, Inc., violated Section 8, subdivision 5,
of the National Labor Relations Act, are hereby dismissed.
7. The Respondent hereby consents to entry by an appropriate
Circuit Court of Appeals of the United States of a decree en-
forcing an order of the Board in the form above, and expressly
waives its right to receive notice of the filing of an application
for the entry of such decree.
8. This stipulation and agreement, along with the charge, com-
plaint, notice of hearing, amended notice of hearing, and Na-
tional Labor Relations Board Rules and Regulations-Series 1,
as amended, may be introduced as evidence by filing them with
the Chief Trial Examiner of the National Labor Relations Board
at Washington, D. C.
9. The stipulations herein made and the terms and provisions
thereof are made subject to the approval of the National Labor
Relations Board.
On June 3, 1939, the Board issued its order approving the above
stipulation, making it part of the record, and transferring the pro-
ceeding to the Board for the purpose of entry of a decision and order
by the Board pursuant to the provisions of the stipulation.
UNITED MOTOR FREIGHT TERMINAL, INCORPORATED 665
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
United Motor Freight Terminal, Inc., an Alabama corporation, has
its principal place of business in Birmingham, Alabama, and also
maintains a branch office in Atlanta, Georgia. The respondent is en-
gaged in business as a common carrier by motor vehicle in the trans-
portation of commodities generally between its terminal points, Bir-
mingham, Alabama, and Atlanta, Georgia. The respondent operates
approximately 16 trucks, furnishing daily service between the said
terminal points. The respondent employs approximately 35 persons,
of whom 8 are listed as regular drivers and 3 as extra drivers. The
respondent admits that it is engaged in interstate commerce within
the meaning of the Act.
We find that the above-described operations constitute a continuous
flow of trade, traffic, and commerce among the several States.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and'pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that United Motor Freight Terminal, Inc., Birmingham,
Alabama, and its officers, agents, successors and assigns shall :
1. Cease and desist :
(a) From in any manner discouraging membership in the Inter-
national Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers of America, or any other labor organization, by laying off,
discharging or refusing to reinstate, or otherwise discriminating
against its employees in regard to hire or tenure of employment, or
any term or condition of employment;
(b) From in any other manner interfering with, restraining, or
coercing its employees in the exercise of the right to self-organization,
to form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in Section 7 of the National
Labor Relations Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Offer to H. O. Harrison immediate and full reinstatement to
his former or equivalent position, without prejudice to his seniority
and other rights and privileges;
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Make whole H. 0. Harrison for any loss of pay he has suffered
by reason of the respondent's discrimination in regard to the terms
and conditions or hire and tenure of his employment by payment to
him the sum of two hundred and fifty ($250.00) dollars;
(c) Post in conspicuous places throughout its terminals in Birming-
ham, Alabama, and Atlanta, Georgia, copies of this order and notices
stating that the respondent will cease and desist in the manner afore-
said, and that the respondent will take the affirmative action as afore-
said. The aforesaid notices shall remain posted for a period of at
least sixty operating days from the date of posting;
(d) Notify the Regional Director for the Tenth Region in writing
within 10 days from the date of this order what steps the respondent
has taken to comply therewith.
AND IT is FURTHER oRDERED that the complaint be, and it hereby is,
dismissed in regard to the alleged violation of Section 8 (5) of the
National Labor Relations Act.