Philadelphia Suburban Transportation Co.

In the Matter Of PHILADELPHIA SUBURBAN TRANSPORTATION COMPANY RED ARROW LINES), EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Case No. 4-RC-26.Decided August 31, 1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Philadel- phia, Pennsylvania, on May 7, 1948, before John R. Garver, 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 the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Philadelphia Suburban Transportation Company, a Pennsylvania corporation, operates bus and trolley lines within the Commonwealth of Pennsylvania. It carries public passengers in three Pennsylvania counties adjacent to Philadelphia and in part of Philadelphia County (an outlying section of the city). It utilizes approximately 155 ve- hicles over scheduled routes extending 152 miles. Annually, the Em- ployer carries approximately 42,000,000 revenue passengers. It has a gross annual income of approximately $3,570,000. A substantial number of its passengers work for firms engaged in interstate commerce. Its routes connect with local stations of Penn- sylvania Railroad at seven points and it has interstate transfer of joint ticket arrangements with four other transportation companies. One-third of the Employer's rolling stock, valued at approximately $2,000,000, was purchased from sources located outside the Common- wealth of Pennsylvania. Annually, the Employer purchases mate- rials, such as rails, petroleum products, and bus parts, valued at ap- proximately $320,000, of which approximately 15 percent is received from sources outside the Commonwealth. It also purchases gasoline 79 N. L. R. B., No. 63. 448 PHILADELPHIA SUBURBAN TRANSPORTATION COMPANY 449 and oil, costing approximately $110,000 per year, from a Philadelphia company which transports the fuel from the States of Louisiana and Texas. The Employer also receives approximately $2,000 annually for carrying United States mail bags on one of its routes. Contrary to the Employer's contention, we find that it is engaged in commerce within the meaning of the National Labor Relations Act.' U. THE ORGANIZATIONS INVOLVED The Petitioner and Transport Workers Union of America, Local 267, affiliated with the Congress of Industrial Organizations, herein called the C. I. 0., are labor organizations claiming to represent em- ployees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer and the C. I. O. contend that a contract entered into between the Employer and Brotherhood of Railroad Shop Crafts of America, Unit No. 15, Red Arrow Local No. 1,2 on December 10, 1946, is a bar to this proceeding. By its terms the 1946 contract was to con- tinue in effect until January 1, 1948, and for 1 year thereafter, unless either contracting party gave notice of cancellation at least 30 days be- fore January 1, 1948. Neither contracting party has served notice of cancellation. However, the Petitioner filed its petition with the Board on November 20, 1947, before the operative date of the auto- matic renewal clause in the contract. Under these circumstances, we find that the 1946 agreement is not a bar to these proceedings.3 We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all em- ployees of the Employer in its Departments 1, 2, 3, 4, and 5, excluding clerical employees and all supervisors as defined in the Act, constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act.4 1 Matter of Safety Motor Transit Corporation, 78 N. L. R. B. 831, issued July 30, 1948; Matter of Wichita Transportation Corporation, 73 N. L. R. B. 1070. 2 This union did not appear at the hearing. s Matter of Snow & Nealley Company, 76 N. L. R. B. 390. Included are two watchmen who spend 75 percent of their time as janitors . Matter of Radio Corporation of America, 76 N. L. R. B. 826. 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION 5 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision ofkthe Re'i iiaLl'Di" ctor for the Fourth Region, and subject-to Sec- tions 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the unit found ap- propriate in Section numbered IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay- roll period because they were ill or on vacation or temporarily laid off, 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, and also excluding employees on strike who are not en- titled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by International Association of Machinists. MEMBER GRAY took no part in the consideration of the above De- cision and Direction of Election. 5 We shall not place the name of the C. I. O. on the ballot in the election directed herein, because it has not complied with Section 9 (f) and (h) of the amended Act. Matter of Rite-Form Corset Company, 75 N L. R. B. 174