Denver-Amarillo Express

In the Matter of D. G. DALBY D/B/A DENVER-AMARILLO ExPREss,1 EM- PLOYER and LINE DRIVERS LOOAL UNION No. 961, A. F. L., PETITIONER Case No. 16-RC487.Decided March 16, 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 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 organization named below claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the represen- tation 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 Petitioner seeks a unit of all over-the-road drivers, excluding all other employees 2 and supervisors as defined in the Act. The Em- ployer contends that only a unit comprising all its employees is appro- priate upon the ground that the work of the over-the-road drivers is integrated with the work of the other employees. The Employer is engaged in the transportation of goods as a common carrier under the jurisdiction of the Interstate Commerce Commission. He maintains terminals at Amarillo, Texas, and Denver, 1 The name appears as amended at the hearing. 'Reynolds, Murdock, and Gray. 2 Other employees not sought to be represented by the Petitioner include dockmen, pick-up and delivery men, mechanics, rate clerks, solicitors, and office clerks. 82 N. L. R. B., No. 17. 182 I DENVER-AMARILLO EXPRESS 183 Colorado, and way stations in the States of New Mexico and Oklahoma, as well as Colorado and Texas. He employs approximately 80 employees of whom 16 are over-the-road drivers under the immediate supervision of the general manager located at the Employer's Amarillo office. All over-the-road drivers, with the exception of 2,g operate in pairs motor vehicles referred to as sleeper cabs. They are trucks or tractor-trailer combinations of 5 or 6 ton carrying capacity and because of the length of the run from Amarillo, Texas, to Denver, Colorado, and because of restrictions imposed by the Interstate Com- merce Commission on the number of consecutive hours of driving by any one driver, these vehicles are equipped with sleeping accommoda- tions which are maintained by the Employer without cost to these employees. Over-the-road drivers do not load or unload freight at the terminals, and are not required to perform any duties other than those incidental to driving, or loading and unloading freight at way stations; and may refuse, with impunity, to perform any duties outside their pre- scribed customary duties.' Except for emergency situations, the duties of over-the-road drivers are performed by no other employees. Accordingly, in view of the clearly defined functions and duties of over-the-road drivers, we are of the opinion that they constitute a homogeneous and well-defined group with distinct interests warranting their establishment as a separate unit for the purposes of collective bargaining.5 We find that the following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All over-the-road drivers e operating between the Amarillo, Texas, and Denver, Colorado, terminals of the Employer, excluding all other employees and supervisors as defined in 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 a These two drivers operate lighter trucks on limited routes to Dalhart, Texas, and Pueblo, Colorado . However, their duties and qualifications as drivers on public highways are otherwise substantially identical with those of the sleeper cab operators. * The duties of over-the-road drivers are clearly distinguishable from those of other em- ployees including the pick-up and delivery men who operate what is essentially a local service. 5 See Matter of Miller d Miller Motor Freight Lines, 59 N. L. R. B. 203. See also Matter of Colonial Stores, Inc., 78 N. L. R. B. 1254 ; Matter of Omaha Cold Storage Company, 73 N. L R. B. 406; Matter of The Celanese Corporation of America, 72 N. L. R. B. 1194, Matter of Gulf Refining Company, 66 N. L. R. B. 142; See also Matter of Standard Oil Company, 81 N. L. R. B. 1381. Cf. Matter of Brown Express, 80 N. L. R. B 753. Included are the two drivers who operate on the short routes to Dalhart, Texas, and Pueblo, Colorado. 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 vaca- tion 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 em- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by Line Drivers Local Union No. 961, A. F. L.