Dixie Greyhound Lines, Inc.

In the Matter of DIXIE GREYHOUND LINES, INC. and AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, AFFILIATED WITH THE A. F. OF L., DIVISION 1313 Case No. R-58.4.1.Decided September 4, 1943 Mr. Ivan Bowen,, of Minneapolis, Minn., and Mr. A. L. Heiskell, of Memphis, Tenn., for the Company. Mr. Frederic Meyers, of Washington, D. C., and Mr. C. W. Van Avery, of Detroit, Mich., for the AFL. Messrs. Hugh Stanton and J. C. Hatler, of -Memphis, Tenn., for the Association. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Division 1313, affiliated with the A. F. of L., herein called the AFL, alleging that a question affecting commerce had arisen concerning the repre- sentation of Employees of Dixie Greyhound Lines, Inc., Memphis, Tennessee, herein called the' Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earl S. Bellman, Trial Examiner. Said hearing was held at Mem- phis, Tennessee, on August 16, 1943. The Company, the AFL, and Dixie Greyhound Drivers Independent Association, herein called the Association, appeared, participated, and were afforded full op- portunity 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. All parties were afforded opportunity-to file briefs with the Board. 52 N. L R. B., No. 64. 424 DIXIE GREYHOUND LINES, INC. 425 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Dixie Greyhound Lines, Inc., a Delaware corporation, doing busi- ness as a common carrier of passengers by motor vehicle under Part II of the Interstate Commerce Act, is a subsidiary of the Greyhound Corporation, with its main office located at Memphis, Tennessee. The Company conducts an interstate common carrier business in the States of Mississippi, Arkansas, Missouri, Illinois, Indiana, Kentucky, Ten- nessee, and Alabama, and also conducts an intrastate business in all of the above-mentioned States except Indiana. In 1942 the gross revenue of the Company was approximately $5,500,000, during which period it carried about 5,000,000 passengers. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Division 1313, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. Dixie Greyhound Drivers Independent Association is an unaffiliated labor organization, admitting to membership employees of the Com- pany. III. THE QUESTION CONCERNING REPRESENTATION By letter dated June 2, 1943, the AFL requested recognition as the bargaining representative of certain of the Company's employees. The Company replied by letter dated July 7, 1943, stating that it could not grant the requested recognition inasmuch as another labor organi- zation had already negotiated a^contract covering the employees sought by the AFL. The record discloses that the Company and the AFL had had pre- vious bargaining relations covering the employees herein between the years 1937 and 1939,. and that, thereafter, the Company and the Asso- ciation conducted bargaining relations on behalf of these employees. .On June 9, 1943, the Association presented to the Company a new contract covering the employees herein, which, after negotiations, was executed by both the Company and the Association on June 30, although made retroactive to June 18. Both the Company and the Association contend that this contract constitutes a bar to the pro- 426 DECISQONS, OF NATIONAL LABOR RELATIONS BOARD .ceeding herein. However, since, the new agreement, was not signed before the AFL made its request for recognition, it clearly does not constitute a bar to a present 'determination of representatives. 1 A statement of the Regional Director, introduced into evidence at the hearing, indicates that the AFL represents a substantial number of employees in the unit hereinafter found appropriate. 2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the. agreement of the parties herein, we find that all drivers of the Company, including temporary dispatchers,' but excluding student drivers, and all 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 4 appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE 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- ployee 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 Direc- tion. Due to the difficulty in balloting various drivers now on duty at distant points, and in order to avoid delay in a successful conclusion of the balloting, the Regional Director is hereby specifically authorized to use the mail for balloting purposes whenever, in his discretion, ex- pediency will be served thereby. 'Hatter of American Woolen Company, 48 N. L. R. B. 633; Matter of Eicor, Inc., 46 N. L R. B. 1035. 2 The Regional Director reported that the AFL submitted 136 representation cards bear- ing apparently genuine and original signatures , which were not checked against any pay roll of the Company due to the refusal upon the latter 's part to supply one until the date of the hearing . There are approximately 220 employees within the unit hereinafter found appropriate. The Association relies upon its current and past contracts with the Company , a peti- tion signed by 126 drivers requesting continued representation by the Association , and the ratification of the current contract by 140 drivers , for the establishment of its interest. We find the Association's objection to the statement of the Regional Director as hearsay and ex parte to be without merit. See Matter of Atlas Powder Co ., 43 N. L R B. 737; Hatter of Sisksn, 41 N. L. R. B. 187 ; ,Matter of Hill Stores, Inc., 39 , N. L. R., B. 874. 3 At any time drivers may be called upon to serve for an indeterminate period as tem- porary dispatchers. While acting in such capacity; they exercise superbisory authority which would ordinarily exclude , them from the appropriate unit under present Board policy. However , these positions are merely temporary , and the incumbents , after re- turning to their regular status , are no longer considered as supervisory employees. This unit is substantially the same as that provided for in the various contracts be- tween the Company, the Association, and the AFL. DIXIE GREYHOUND LINES, IN C. 427 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 Dixie Greyhound Lines, Inc., Memphis, Tennessee, an election by secret ballot shall be conducted as early as possible in conformity with the instructions set forth in Section V, above, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Re- gional Director for the Fifteenth 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 the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Di- rection, including employees who 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 those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Division 1313, affiliated with the American. Federation of Labor, or by Dixie Greyhound Drivers Independent Association, for the purposes of col- lective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above De- cision and Direction of Election.