Yellow Cab Co., et al.

National Labor Relations Board - Board Decisions

Mar 6, 1953

103 N.L.R.B. 394 (N.L.R.B. 1953)

394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
YELLOW CAB COMPANY, ET AL .1 and CHAUFFEURS, TEAMSTERS &
HELPERS, LOCAL No. 47, INTERNATIONAL BROTHERHOOD OF TEAM-
STERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL,
PETITIONER. Case No. 16-RC-1f12. March 6, 1953
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before William H. Rendel,
Jr., hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
The Employer consists of three corporations 2 engaged in the oper-
ation of taxicabs in the city of Wichita Falls, Texas. Although an-
other taxicab company is also licensed to operate in the same city,
the operations of the other company are limited to the carrying of
nonwhite passengers . The Employer's cabs service a bus depot, rail-
road station, and municipal airport on a voluntary nonexclusive
basis.3 The Employer leases space at the bus depot which is utilized
as a taxi stand . However, the lease embraces an ordinary commercial
letting without any obligation or privilege to serve the bus depot.
The Employer's gross revenue for the year 1951 was $800,000, of
which $160,000 was estimated to have been derived from fares for
trips originating or terminating at or near the 3 foregoing installa-
tions. The Employer estimated that of this figure of $160,000, the
sum of $7,000 was earned as a result of trips made to or from the
municipal airport; $5,000 from the railroad station; and $148,000
from the bus depot taxi stand. The Employer's general manager
testified, without contradiction, that only about 25 percent of the
trips originating or terminating at the bus depot taxi stand had been
made to accommodate persons arriving or departing on busses, the
remaining 75 percent of the trips having been made to accommodate
the general public going to or from downtown Wichita Falls 4
Although the operations of the Employer partially meet the more
restricted standards recently adopted by the Board concerning the
exercise of jurisdiction over taxicab companies,5 we do not find that
1 Yellow Cab Company, Checker Cab Company , and City Cab and Rent Car Company.
These names appear as amended by stipulation at the hearing.
I Because the three corporations share common ownership and management and because
integration of their operations is virtually complete , they are regarded as a single employer
for the purposes of this proceeding.
8 The record discloses that at least one interstate bus company uses the bus depot.
4 Based upon this estimate of the manner in which the income from the bus depot taxi
stand is derived , the Employer's income earned from carrying departing or arriving bus
passengers was only $37,000.
8 Cambridge Taxi Company , 101 NLRB 1328.
103 NLRB No. 34.
YELLOW CAB COMPANY 395
under those standards the Employer's operations are substantial
enough to warrant our asserting jurisdiction. Accordingly, the peti-
tion is dismissed.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
MEMBERS HOUSTON and STYLES, dissenting.
We believe that the operations of the Employer satisfy the requisites
for asserting jurisdiction over taxicab companies as adopted by the
Board in the Cambridge Taxi Company cases We would therefore
assert jurisdiction in this case.
9 Footnote 5, supra.
YELLOW CAB COMPANY and INTERNATIONAL BROTHERHOOD OF TEAM-
STERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL
No. 667, A. F. L., PETITIONER. Case No. 32-RC-541. March, 6,
1953
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John Cienki, hearing officer.
The hearing officer's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds:
1. The Yellow Cab Company, a Tennessee corporation, with its
main office and principal place of business in Memphis, owns and
operates a fleet of taxicabs under a certificate of public convenience
and necessity from the city of Memphis. It normally operates be-
tween 130 and 135 cabs, but because of the steel and manpower short-
ages it presently operates 106 cabs.
The Employer has written agreements with Union Station and
Greyhound Bus Lines for parking facilities at the respective stations.
It also has an exclusive agreement with the Grand Central Station for
off-the-street parking? In consideration of the privileges granted,
the agreements provide for the payment of a rental fee or a percentage
of revenue obtained as a result of these agreements, whichever is
I The hearing officer rejected an offer of proof by the Intervenor wherein the Intervenor
offered to prove that at a meeting of the mechanics it was voted that the employees did not
wish to be represented by the Petitioner. As a Union's showing of interest is not litigable
at any stage of the proceedings, in accordance with well-established Board policy, we affirm
the ruling of the hearing officer. Cf. Phelps Dodge Corp ., 98 NLRB 726..
2 The Employer, however, contends and the record reveals that, despite its exclusive
agreement , other cab companies , in fact, serve this terminal.
103 NLRB No. 35.