The Santa Fe Trail Transportation Co.

In the Matter of THE SANTA FE TRAIL TRANSPORTATION COMPANY,' EMPLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUF- FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA , AFL, LOCALS 47 AND 745, PETITIONER Case No. 16-RC-60.-Decided January 13,1949 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. A motion to dismiss the petition was made by the the Employer and was referred to the Board for decision. For reasons hereinafter stated, the motion is denied. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection 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 labor organizations named below claim to represent em- ployees of the Employer. 3. The question concerning representation : The National Association of Motorized Common Carrier Truck Line Employees, Independent, hereinafter called National, entered into a contract with Johnson Motor Lines in March 1945. At that time Johnson was operating a trucking business over routes later purchased by the Employer. The contract provided for recognition of National as the sole bargaining agent for the employees of Johnson as well as for wages, hours, and working conditions and was for a period of 2 years with provision for automatic renewal in the absence of 30 days' prior I The name of the Employer appears as amended at the hearing. *Houston, Reynolds , and Murdock. 81 N. L. R. B., No. 20. 132 THE SANTA FE TRAIL TRANSPORTATION COMPANY 133 notice. In November 1946, a charge of unfair labor practices includ- ing domination of National was filed against a number of trucking firms. One of the respondent trucking firms in that case was Johnson Motor Lines ; the Employer, however, was not a party to that case. In March 1947, while the unfair labor practice case was still pending, the contract between Johnson and National was renewed. In June 1947, the sale of Johnson's operating rights to the Employer, which had been pending for some time, was approved by the Interstate Commerce Commission. The Employer, however, did not begin operations until November 1, 1947, due to delay in obtaining operating authority from the Texas Railroad Commission. On October 16, 1947, National and the Employer made an oral contract, which was reduced to writing on October 20, continuing in force the contract between National and Johnson. At the time this contract was consummated, the Employer was recruiting, but no employees had been actually hired and, as pre- viously noted, operations had not begun. No election was held and no check was made by the Employer of National's claim to represent a majority of the personnel to be employed. Approximately 50 percent of the employees eventually hired were ex-Johnson men. The contract that was signed between National and Employer was identical to those in effect with that union and the other employers named in the unfair labor practice case. In the latter part of September 1947, Petitioner approached repre- sentatives of the Employer on the subject of recognition as the bargaining agent for employees to be hired for the routes purchased from Johnson. The Petitioner was informed, at that time, that recognition would be dependent upon a successful showing of a ma- jority in a card check, and no mention was made of the proposed contract with National. Petitioner commenced organization among Employer's men late in 1947 and in the latter part of January, or early February 1948, requested recognition of the Employer. At this time, Employer stated that it had a contract with National and refused to recognize Petitioner? The petition herein was then filed. Following the issuance of a Trial Examiner's Intermediate Report in June 1947, in which report Johnson and the other respondents in the complaint case were found to have dominated National, the Board, on May 25, 1948, issued a Decision and Order upholding the finding of the Trial Examiner, ordering National disestablished as the repre- 2 We find no merit in the Employer's contention that, due to the absence of its sole labor representative from this conference , there was no actual declination to recognize the Petitioner. See Matter of Advance Pattern Company, 80 N. L. R. B. 29. We also find that the Petitioner 's failure to list National as the currently recognized bargaining agent in the petition was not, in the circumstances , a material defect. Matter of Craw- ford Steel Foundry Co., 58 N. L. It. B. 428. 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentative of employees of the respondent trucking firms, and requiring its contracts with those employers abrogated.3 At the hearing and in its brief, the Employer contends that its con- tract with National bars these proceedings. Without considering either the question whether the Employer is bound, by the Board's order in the complaint case, as a successor to Johnson ,4 or the domi- nated status of National, we find that the contract between the Em- ployer and National does not preclude the granting of an election herein. The agreement with National was negotiated and signed at a time when the Employer was processing the applications of em- ployees, but had not yet hired any personnel. The operation of the trucking routes did not commence until some time later. Under these circumstances, the contract cannot bind the employees in the unit petitioned for, or bar a representation election.5 We find that a question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. The appropriate unit : We find, in substantial accord with the agreement of the parties, that all truck drivers in the Employer's Texas operations, including line drivers and city pick-up and delivery, but excluding dock men, helpers, office and clerical employees and all supervisors within the meaning of the amended Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 5. The determination of representatives : In view of our findings and order in the Red Arrow Freight Lines case, supra, we shall not place National on the ballot in the election to be held in this case, for it is clear that National is not a bona fide labor organization, capable of serving employees as a genuine collective bargaining representative.' DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by Matter of Red Arrow Freight Lines, Inc, et al, 77 N. L R B 859. 4 The Employer argues the question of its " successorship " to Johnson extensively in its brief, in the apparent belief that this matter is conclusive as to the contract bar question . On the contrary, we make no ruling as to whether or not Employer is a successor to Johnson within the meaning of the order in the Red Arrow Freight Lines case, supra. s See Matter of Champion Motors Company , 72 N. L. R B. 436; Matter of National Fireproofing Corporation, 69 N. L. R. B. 873. 6 See Rochester and Pittsburgh Coal Company, 56 N. L. R. B 1760 and cases cited therein ; and compare Baltimore Transit Company et al, 59 N L. It. B 159. THE SANTA FE TRAIL TRANSPORTATION COMPANY 135 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 Region in which this case was heard, 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, includ- ing 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 entitled to rein- statement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, Locals 47 and 745.