Rutherford Freight Lines, Inc.

In the Matter of RUTHERFORD FREIGHT LINES, INCORPORATED and TRUCK DRIVERS AND HELPERS LOCAL UNION No. 549 , AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA , (A. F. L.) In the Matter of RUTHERFORD FREIGHT LINES, INCORPORATED and TRUCK DRIVERS AND HELPERS LOCAL UNION No . 171, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA , (A. F. L.) In the Matter of RUTHERFORD FREIGHT LINES, INCORPORATED and TRUCK DRIVERS AND HELPERS LOCAL UNION No. 592 , AFFILIATED WITH • THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS,, WAREHOUSEMEN AND HELPERS OF AMERICA , (A. F. L.) In the Matter Of RUTHERFORD FREIGHT LINES, INCORPORATED and CHAUFFEURS , TEAMSTERS AND HELPERS LOCAL UNION No. 621, AFFILI- ATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUF- FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA , (A. F. L.) In the Matter of RUTHERFORD FREIGHT LINES, INCORPORATED . and TRUCK DRIVERS AND HELPERS LOCAL UNION No. 549, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE- HOUSEMEN AND HELPERS OF AMERICA , (A. F. L.) Cases Nos. 5-R-1698, 5-R-1701, 5-R-1702, 5-R-1734, and 5-R-1735 respectively .Decided November 17, 1944 Mr. L. R. Hall, of Bristol , Va., for the Company. Messrs. R. W. Hall and R. R. Elder, of Knoxville , Tenn., for Local No. 621. - Mr. A. B. Barber, of Roanoke, Va., for Local No. 171. Messrs. J. J. Marrisette and Herbert Jones, of Kingsport, Tenn.,' for Local No 549 Mr. W. D. Anderson, of Kingsport, Tenn., for Locals Nos. 592 and 549. Mr. Sidney Grossman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon separate petitions duly filed by Truck Drivers and Helpers Local Unions Nos. 171, 549, 592, and by Chauffeurs, Teamsters and 59 N. L. R. B., No. 74. 343 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Helpers Local Union No. 621, all affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, (A. F. L.), herein individually called Locals Nos. 171, 549, 592, and 621, and collectively called the Locals, each alleging that a question affecting commerce had arisen concerning the representa- tion of employees-of Rutherford Freight Lines, Incorporated,' Bristol, Virginia, herein called the Company, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held at Bristol, Virginia, on October 10, 1944. All parties appeared, participated, and were afforded full opportunity to be, heard, to ex-,- amino and cross-examine witnesses, and to introduce evidence bear- ing on the issues. At the hearing, the Company made a motion to dismiss the petitions alleging in support thereof that the terminal units proposed by the Locals were inappropriate. Ruling was re- served for the Board. The findings support the Company's contention that a system-wide unit is appropriate; however, we hereby deny the motion for the reasons set forth in Section IV, below. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportu- nity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Rutherford Freight Lines, Incorporated, is a Virginia corporation with its principal office and place of business at Bristol, Virginia. The Company is a common carrier, operating, under certificate from the Interstate Commerce Commission, motor transport freight lines in- adjacent portions of Virginia, Tennessee, and North Carolina, wherein it maintains 12 terminals. This proceeding is concerned with the terminals located at Bristol, Richmond, Roanoke, and Pulaski, Vir- ginia, and Knoxville, Tennessee. During the fiscal year ending June 30, 1944, the Company's gross receipts aggregated approximately $1,000,000, of which freight transported by it in interstate commerce during this period was in excess of 90 percent. The Company em- ploys approximately- 250 persons. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. - U. THE ORGANIZATIONS INVOLVED Truck Drivers and Helpers Local Unions Nos. 171, 549, and 592, and Chauffeurs, Teamsters and Helpers Local Union No. 621, are all - i At the hearing, the name of the Company was amended to read as above set forth. RUTHERFORD- FREIGHT LINES, INCORPORATED- - 345, labor organizations affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to bargain with any of the Locals in- volved in this proceeding until the Board has determined the appro- priate bargaining unit of its employees.' A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Locals represent a substantial number of em- ployees in the unit hereinafter found appropriate? 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 Act. IV. THE APPROPRIATE UNIT The Locals seek bargaining units restricted to terminals within their respective jurisdiction. The Company urges the appropriate- ness of a system-wide unit. The parties are in general agreement that their respective proposed units shall consist of all over-the-road driv- ers, local drivers, warehousemen, checkers, garagemen and helpers, excluding office and clerical employees, dispatchers, assistant dis- patchers, dock or platform foremen, managers or terminal agents, and all other supervisory employees. In support of their request for terminal units, the Locals, in sub- stance, maintain that each admits to membership employees of the Company at the terminal within its specific jurisdiction, and that P The Field Examiner submitted the following report which indicates the extent of the interest shown by the Locals at the terminals covered by the petitions. All of the membership application cards submitted by the various locals listed below were signed during the months of July, August , and September 1944. Case No. and local Terminal ` Membership application cards sub- mitted Cards of em- ployees on pay roll Sept 2, 1944 No. of em- ployees in unit 5-R-1698 Local 549------- Bristol, Va------------------ 78 61 136 5-R-1701 Local 171 ------- Roanoke, Va---------------- 15 15 16 5-R-1702 Local 592------- Richmond, Va-------------- `3 2 5 5-R-1734 Local 621 ------- Knoxville , Tenn ----------- 8 8 11 5-R-1735 Local 549 ------- Pulaski, Va----------------- 5 5 9 Terminals not petitioned for Chattanooga, Tenn---- ---- -------------- ------------- 7 Greensboro, N C----------- -------------- -------------- 12 Mt. Airy, N. C------------- ------------- -------------- 1 Lynchburg, Va------------- -- --- -------------- 33 Martinsville, Va----- ------- -------------- -------------- Charlotte, N C------------- ------------- -------------- 1 Johnson City, Tenn--------- -------------- -------------- Total ----------------- 109 91 203 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD geographical and physical limitations have curtailed organizational activities upon a system-wide basis. The Company, on the other hand, contends that a system-wide unit would be more efficient for'the pur- poses of collective bargaining by reason of the integrated activities implicit in its operations. We are not unmindful of the difficulties with which the Locals have been confronted since the inception of their organizational activities in 1939, and the failure of Locals Nos. 171, 592, 515, and 621, to effectuate an agreement with the Company follow- ing their certifications in terminal units pursuant to an election con- ducted by the Board in 1941.3 However, the incipient attempt at system-wide organization in 1940, the system-wide strike then engaged in, and the present showing of interest among the employees in the ter- minals possessing the preponderance of the Company's employees 4 amply support our opinion that a system-wide unit embracing all of the Company's terminals is not only practicable, but will insure to the Company's employees the most effective representation for collective bargaining purposes. We find that all over-the-road drivers, local drivers, warehousemen, checkers, garagemen and helpers,5 employed in all of the Company's terminals located throughout the States of Virginia, Tennessee, and North Carolina, excluding office and clerical employees, dispatchers, assistant dispatchers, dock or platform foremen, managers or termi- nal agents, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in thel status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Locals request, and the Company opposes, the adoption of an eligibility date during August or about September 15, 1944. We see no reason to depart from our customary eligibility practice, and, therefore, deny the Locals' request. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ,ballot among the employees 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 Direction. , Since it appears that other local affiliates of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of 3 Matter of Rutherford Freight Lanes, Inc., 35 N. L R B 1322. 4 See footnote 2, supra 5 The parties agreed that A. W Arnold and Marvin L Saunders , who are employed as garagemen and helpers at the Bristol, Virginia, terminal , should be included in the unit. , RUTHERFORD FREIGHT LINES, INCORPORATED 347 America, A. F. of L., represent the terminals not petitioned for, and possess a joint interest in participating in the election , we shall permit them to appear on the ballot jointly with the petitioning Locals herein, provided they notify the Regional Director within 10 days of the date of this Decision and Direction of Election of their desire to appear on the ballot. If the Locals win the election , they will be certified jointly as the exclusive bargaining representative of the unit herein found appropriate , and the Company will have the concomitant right to deal directly with them on the basis of the single unit. 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Rutherford Freight Lines, Incorporated, Bristol, 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 , Fiftli 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 Direction , including employees who did not work during the 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 and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Truck Drivers and Helpers Local Union No: 549, Truck Drivers and Helpers Local Union No. 171, Truck Drivers and Helpers Local Union No. 592, Chauffeurs, Teamsters and Helpers Local Union No. 621, all affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, (A. F. L.) as their joint bargaining representative , for the purposes of collective bargaining.