Chicago Gray Line, Inc.

In the Matter of CHICAGO GRAY LINE, INC.,' EMPLOYER and LOCAL DIVISION 1129, AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY & MOTOR COACH EMPLOYEES, PETITIONER Case No. 13-RC-291.-Decided February 3, 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. The Employer's motion to dismiss is denied for reasons herein- after stated.2 Upon the entire record in this case, the Board finds : 1. The Employer, an Illinois corporation with its only office and place of business in Chicago, Illinois, is engaged in the business of conducting sight-seeing tours in and around Chicago. The Employer is a member of a national association known as Gray Line Sight-seeing Companies Associated, a Delaware corporation, which operates for the purpose of advertising and promoting the use of Gray Line Sight-seeing Companies in 90 major cities throughout the United States, including Chicago, Illinois. Such advertising is promoted in magazines, trade journals, and other media of national circulation. It also appears that the Association publishes a "national tariff," in which appear the schedules, routes, rates, and commissions of every [other] member and which it distributes to all its members, tour op- erators, interstate carriers, and travel agencies. In addition, the Asso- ciation also publishes prepaid ticket order books which are distributed throughout the United States to interstate carriers, travel agencies, and tour operators 3 in various cities who, acting as agents of its 1 The Employer's name appears as amended at the hearing. 2 The Employer has moved to dismiss the petition, contending that ( 1) It is not engaged in, nor do its operations affect, commerce within the meaning of the Act; and (2 ) because of its seasonal operations , it would not effectuate the policies of the Act to assert juris- diction of its operations. . 2 American Express Company, Thomas Cook & Sons, The Highway Tours, Simmons Tours, and others. 81 N. L. R. B., No. 84. 466 CHICAGO GRAY LINE, INC. 467 members including the Employer, sell ticket books for sightseeing tours of Chicago to persons traveling in interstate commerce. Ticket books so distributed are sold for use in Chicago to travelers desiring to use the Employer's facilities. In turn, the Employer honors all tickets so issued, whether by interstate carriers, travel agents, tour operators, or others.' In the normal course of its operations, the Employer carries and transports passengers and luggage to and from interstate carriers, including railroad terminals and airports.5 On occasion, it has trans- ported sightseeing passengers across State lines into Indiana and Wisconsin. Ninety-five percent of all passengers hauled by the Em- ployer are from outside the State of Illinois. In addition thereto, it has purchased from without the State, a substantial portion of its equipment required to further its operations.' While we would not necessarily assert jurisdiction over the operations of purely local sight- seeing busses, the record indicates that this particular operation is effectively tied to the interstate activities of a Nation-wide association, and that the use of the Employer's facilities is in substance an exten- sion of travel originating over interstate carriers. In the light of the foregoing factors, and upon the entire record in this case, we are of the opinion that the Employer's operations affect commerce within the meaning of the Act.7 2. The labor organization named below claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All bus drivers, mechanics, helpers, cleaners, and maintenance men, excluding lecturers who are not bus drivers and who are employed on a temporary basis, office and clerical employees, ticket agents, pro- fessional employees, guards, and supervisors as defined in the Act. 4Including local agents located in hotels , or hotels acting as agents for the Employer 5In addition, it maintains tour starting points at all railroad stations , Greyhound bus terminals , National Trailways bus terminals , and American bus terminals 6In 1948, busses and limousines purchased by the Employer from outside the State of Illinois had an aggregate value of $102,000 7 Although the Employer further contends that because of the seasonal nature of its operations , as well as the turn-over of its employees , it would not effectuate the policies of the Act for the Board to assert jurisdiction , it is apparent that the Employer's operations, although curtailed during the winter months , are not shut down. Nor is the number of its employees diminished to such a degree as to render an election at this time impracticable, as was the case in Matter of Cedergreen Frozen Pack Corporation , 75 N. L. R. B. 375, iehed upon by the Employer we find, therefore , no merit in the Employer 's contention. 829595-50-vol. 81 31 468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 supervision 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 Local Division 1129, Amalga- mated Association of Street, Electric Railway and Motor Coach Employees. MEMBERS HOUSTON and GRAY, dissenting : The operations of this Employer are essentially local in character and, in our opinion, affect commerce only quite remotely. Conse- quently, we are of the opinion that it would not effectuate the policies of the Act to assert jurisdiction in this matter.