Virginia Stage Lines, Inc.

In the Matter Of VIRGINIA STAGE LINES, INC., EMPLOYER and DIVISION 1098, AMALGAMATED ASSN. OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, A. F. L., PETITIONER Case No. 5-RC-173.-Decided January 6,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connections with this case to a three-man panel consisting of the undersigned Board Members. * Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner is a labor organization, affiliated with the Amer- ican Federation of Labor, claiming to represent employees of the Employer. 3. The question concerning representation : At the hearing and in its brief, the Employer contended that the petition should be dismissed on the ground that the Petitioner has failed to comply with a provision of the Virginia State Code re- quiring any person or corporation I not residing or domiciled in the State of Virginia to register with the State Corporation Commis- sion of Virginia as a condition of doing business in that State. With regard to a similar State statute, however, we have held that `any State law purporting to regulate union activities of union representatives, must yield before the paramount authority of Congress expressed in *Chairman Herzog and Members Houston and Murdock. I The Petitioner contends that it is not a "person" or a "corporation" within the meaning of this provision of the Code. In view of our disposition of the Employer's contention, how- ever, we find it unnecessary to determine whether or not the provision in question wasp intended to include labor organizations. 81 N. L. R. B., No. 6. 21 22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a valid and applicable Federal law." 2 Accordingly, the Employer's motion to dismiss the petition is denied. 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. 4. We find, in accordance with a stipulation of the parties, that all bus drivers of the Employer throughout its entire system of opera- tion, excluding dispatchers, instructors, superintendents, office em- ployees, terminal and maintenance employees, and supervisors as de- fined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.' DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes 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 super- vision of the Regional Director for the Fifth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, 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 rein- stated prior to the date of the election, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargain- ing, by Division 1098, Amalgamated Assn. of Street, Electric Railway and Motor Coach Employees of America, A. F. L. 2 Matter of G. R. Ogletree, d/b/a Longhorn Sash and Door Company, 79 N. L. R. B. 1430. 3 The Employer contended that certain individuals who 'were formerly bus drivers, but who have been promoted or transferred to other jobs, should be permitted to vote because they may, if they desire, "bump" regular bus drivers with less seniority. The Union contended that only regular bus drivers should be permitted to vote. The parties agreed, however, to permit individuals who were in this disputed category at the time of the hearing to vote subject to challenge.