Nelson Transfer and Storage Co.

In the Matter of NELSON TRANSFER AND STORAGE COMPANY and TEAM- STERS LOCAL UNION- No. 175 Case 'No. R-4.770.-Decided February 5, 1943 Jurisdiction : motor transportation industry Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; contract automatically renewed after filing of petition, held no bar; request of one of labor-organizations involved that its name be omitted from ballot, granted ; election necessary. Unit Appropriate for Collective Bargaining : all employees, excluding foremen, stenographers, janitors, night watchmen, office employees and any person in a managerial capacity with power to employ or discipline; stipulation as to. Mr. W. J. Maier, Jr., of Charleston, W. Va., for the Company. Mr. E. A. Carter, of Charleston, W. Va., for the Teamsters. Mr. John J. Ryan, of Columbus, Ohio, for the Transport Workers. Mr. A. Suu'iner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Teamsters Local Union No. 175, herein called the Teamsters, alleging that a, question affecting commerce had arisen concerning the representation of employees of Nelson Transfer and Storage Company,-Charleston, West Virginia, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Paul S. Kuclthau, Trial Examiner. Said hearing was held at Charleston, West Virginia, on January 13, 1943. The Company, the Teamsters, and Transport Workers Union of America, C. I. 0., herein called the transport Workers, 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. 47 N. L. R. B., No. 42. 344 i NELSON TRANSFER AND STORAGE COMPANY 345 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY - Nelson Transfer and Storage Company, a West Virginia corpora- tion with its principal place of business in Charleston, West Virginia, is engaged in a general trucking business. The Company owns and operates 32 trucks and trailers, pursuant to license by the Jnterstate Commerce Commission. Of the Company's current business, 60 to 75 percent consists of hauling goods from West Virginia to other States, hauling goods from other States to West Virginia, and unloading freight cars which have come from States other than the State of West Virginia and distributing the contents thereof within the State of West Virginia. During the period between January 1' and September 30, 1942, the, hauling receipts of the Company amounted to -approxi- mately $130,000. II. THE ORGANIZATIONS INVOLVED Teamsters Local Union No. 175 is a labor organization 'affiliated with the American Federation of Labor, admitting to membership employees of the Company. Transport, Workers Union of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about November 18, 1942, the Teamsters notified the Company of,its claim to representation and requested that the Company bargain collectively. The Company declined to bargain by reason of an out- standing, contract with the Transport Workers. The contract in ques- tion, dated March 1, 1942, is for a ,term of 1 year subject to automatic renewal for another like term if a written request for a conference for the purposes of renewal "is not made by one or both parties sixty (60) days prior to the expiration date." The Transport Workers contends that the contract referred to is a bar to the present proceeding. This contention is without merit. The present petition was filed on December 3, 1942, prior to the,date on which the automatic renewal provision would take effect in the absence of a notice of cancelation. Under such circumstances; the contract does not constitute a bar to a determination of representatives.' i See Matter or General Motors Corporation, Allison Division and International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local 933, a/Jilti- ated with the C. 1. 0., 40 N L. R. B. 1387. 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of the Field Examiner, introduced in evidence at the hearing, indicates-that the Teamsters represents a substantial number of employees in the unit hereinafter found to be appropriate.2 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT In accordance with a stipulation of the parties, we find that all em- ployees of the Company, excluding foremen, stenographers, janitors, night watchmen, office employees and any person in a managerial capacity with the power to employ or discipline,. constitute a'unit ap- propriate for the purposes of collective bargaining within the meaning of 'Section 9 (b) of the Act.3 V. TIIE 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 our Direction herein, subject to the limitations and additions set forth in the Direction. - - In accordance with the request- of the Transport Workers, we shall omit its name from the ballot in the election hereinafter directed. 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Nelson Transfer and Storage Company, Charleston, West Virginia, 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 Ninth Region, acting in this matter as agent for ,the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees-in the unit found appropriate in Section IV, above, who a The Field Examiner reported that the Teamsters had submitted 44 authorization cards dated between November 1 and 16, 1042, all of-which appealed to bear genuine oiiginal sig- natures , that 38 of the 44 signatures were the naives of persons on the Compariy's pay roll of December 15, 1942, containing the names of 44 persons within the appropriate unit. a This is substantially the same unit covered by the Transport workers contract. NELSON TRANSFER AND STORAGE COMPANY 347 were employed during the pay-roll period immediately preceding the date of this Direction, including employees w.ho did not work during said pay-roll period because they were ill or on vacation 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 employees who have since quit or been discharged for cause, to deter- mine whether or not they desire to be represented by Teamsters Local Union No. 175, affiliated with the American Federation of Labor, for the purposes of collective bargaining.