Peter Pan Bus Lines

In the Matter of PETER PICKNELLY, AN INDIVIDUAL DOING BUSINESS AS PETER PAN Bus LINES, EMPLOYER and AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, A. F. of L., PETITIONER Case No. 11-RC-770.-Decided April 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 connection with this case to a three-man panel.* 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 employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner and the Employer agree that the appropriate unit consists of all bus operators and maintenance employees of the Employer, excluding executive, office and clerical employees, profes- sional employees, guards, and supervisors as defined in the Act. But the Employer would include and the Union would exclude the follow- ing employees: Peter Picknelly, Jr., the son of the owner; Carmen Picknelly, a nephew of the owner; and the employees Graves, Dudley, and Doig who are part-time employees. 1 The bearing officer's rejection of an offer in evidence of a petition purportedly signed by employees revoking their Union designation cards is hereby affirmed . The Petitioner's showing of interest is not a litigable issue at the hearing. M`tter of W. C. Nabors Com- pany, 79 N. L. R. B. 40 ; Matter of H. H. Manufacturing Company, Inc., 76 N. L. R. B. 459. 'Chairman Herzog and Members Reynolds and Gray. 82 N. L. R. B., No. 97. 830 PETER PAN BUS LINES 831 The Employer operates a bus line between Boston and Springfield, Massachusetts, employing approximately 25 workers. One of its routes runs partly through the State of Connecticut. Peter Picknelly, Jr., the Employer's son, is employed by the Company on a part-time basis as a washer and cleaner. Carmen Picknelly, the Employer's nephew, is employed as a mechanic and occasional driver. In accord with previous rulings of the Board, we shall exclude these two em- ployees because of their relationship to the Employer.2 The record shows that Graves, Dudley, and Doig are regularly employed on a part-time basis. Graves and Dudley work an average of 30 hours a week and Doig an average of 35 hours a week. The Board has previously ruled that part-time employees who are regularly employed may properly be included with full-time employees in an appropriate unit .3 We find that all bus operators and maintenance employees employed by the Employer in its operations at Springfield and Boston, Massa- chusetts, including part-time employees, but excluding the son and nephew of the Employer, office, clerical, and professional employees, guards, and supervisors as defined in the Act, constitute a unit appro- priate for the purpose 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 thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the First Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the em- ployees 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 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 Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, A. F. of L. 2 Matter of Coco line Products, Inc., 79 N. L. R. B. 1426 ; Matter of 0. Philip Faucher d/b/a Superior Bakery, 78 N. L. R. B. 1172. 8 Cocoline Products, Inc., supra; Matter of American Lawn Mower Company, 79 N. L. R. B. 376.