Tennessee Coach Co.

In the Matter of TENNESSEE COACH COMPANY,1 EMPLOYER and BROTH- ERHOOD OF RAILROAD TRAINMEN, PETITIONER Cases Nos. 10-RC-738 and 10-RC-781.-Decided January 20, 1950 DECISION DIRECTION OF ELECTIONS AND ORDER Upon a petition duly filed, a hearing was held before Clarence D. Musser, hearing officer. The hearing officer's rulings made at the hear- ing 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-member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case,2 the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent certain em- ployees 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 appropriate unit : The Petitioner seeks a single system-wide unit of the Employer's bus drivers. The Intervenor requests a system-wide unit of both bus drivers and maintenance employees. The Employer contends that the unit requested by the Intervenor is the only appropriate one. 1 The Employer's name appears as amended at the hearing. 2 Amalgamated Association of Street and Electric Railway and Motor Coach Employees of America, AFL, appeared as Intervenor, and also filed a petition (Case No. 10-RC-781) for a broader unit than that claimed by the Petitioner. As the Intervenor made an administrative showing of interest sufficient to justify the larger unit, we find that the filing of a separate petition was unnecessary . See Celanese Corporation of America, 81 NLRB 1041. Accordingly, as the Intervenor participated fully in the hearing and all issues are clearly set forth in the record , we shall hereby dismiss the petition in Case No. 10-RC-781. 8S NLRB No. 52. 253 254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer, a Tennessee corporation with its principal office and place of business in Knoxville, Tennessee, is engaged in the business of transporting passengers by motor bus to points within the States of Tennessee, Georgia, Virginia, and Nest Virginia. The Employer's primary maintenance garage also is located in Knoxville . There are smaller garages located at Bristol, Nashville , and Rockwood, Ten- nessee, and at Atlanta, Georgia. The Employer operates 134 passen- ger busses and employs 145 bus drivers and 91 maintenance employees. Although the Employer has a uniform policy, insofar as bus drivers and maintenance employees are concerned , as. to wage adjustments, labor relations , and employees' complaints, bus drivers are paid on a mileage basis , whereas maintenance employees are paid on an hourly basis. Bus drivers are under the general supervision of the traffic manager and the immediate supervision of the chief dispatcher. Maintenance employees are under the general supervision of the traffic manager and the immediate supervision of the garage superintendent. The majority of the drivers pick up their busses at, and return them to, the main garage in Knoxville. Sixty of the 91 maintenance em- ployees work in the Knoxville garage. The remainder of the main- tenance employees work in the smaller garages already mentioned. Bus drivers are required by law to take physical examinations and to obtain chauffeurs' licenses. There are instances where maintenance employees have become bus drivers, but there is no substantial inter- change of drivers and maintenance employees. There is no fixed pattern in the bus transportation industry with respect to the grouping of operating and maintenance employees. In certain instances, the Board has found that a combined unit of drivers and maintenance employees is the more appropriate.3 In other instances, we have found that a unit limited to drivers is appro- priate.4 But in numerous cases, we have held that either a unit of drivers and maintenance employees or a unit limited to drivers may be appropriate .5 Where, as here, there are factors pointing to the common interests of the two groups involved and also factors pointing toward the separation of interests, we believe, in line with our past decisions, that the employees should be permitted to indicate their own preferences , as hereinafter provided for. A question is raised as to the inclusion of three relief foremen within the voting group of maintenance employees . These employees are classified as mechanics. They spend 5 days a week performing the du- ties of that classification , and 1 day a week as relief foremen. When 3 Amarillo Bus Company, 78 NLRB 1103. 4 Gate City Transit Lines, Inc., 81 NLRB 79. 5 Maine Central Transportation Co., 80 NLRB 281; Norfolk Southern Bus Co., 76 NLRB 488; Illini Coach Co., 72 NLRB 408. TENNESSEE COACH COMPANY 255 acting as relief foremen they have authority responsibly to direct the work of other employees and to recommend the discharge of such employees. The Board has previously found that the interests of part-time foremen who serve regularly as supervisors for a fixed period during the course of their weekly employment are closely tied with those of management, so as to make them ineligible to vote in an elec- tion.6 Accordingly, we shall exclude the relief foremen from the voting group of maintenance employees. We find that all drivers and maintenance employees in the system- wide operations of the Employer may, within the meaning of Section 9 (b) of the Act, constitute either a single combined unit, or two separate appropriate units. Accordingly, we shall direct that sep- arate elections be held among the following voting groups : 1. All bus operators employed by the Employer, excluding dis- patchers 7 and supervisors as defined in the Act." 2. All maintenance employees employed by the Employer, excluding relief foremen and supervisors as defined in the Act. We shall, however, make no final unit determination at this time, but shall first ascertain the desires of these employees as expressed in the elections. If a majority of the bus operators vote for the Petitioner, they will be taken to have indicated their desire to constitute a sepa- rate unit.' DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, elections 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, among the employees in the voting groups described in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date 6 The Texas Company, Salem Gasoline Plant, 85 NLRB 1211 ( Chairman Herzog and Member Houston dissenting). 7 The parties stipulated as to the exclusion of dispatchers , who responsibly direct the work of other employees. 8 The Petitioner requests the inclusion of certain operators whose primary duty is driving , but who at times serve as dispatchers . The record does not disclose what per- centage of the working time of these employees is spent as dispatchers . If the claimed drivers serve infrequently or sporadically as dispatchers , and spend the majority of the worktime as bus operators , they are hereby included within the voting group. On the other hand , if they serve regularly as dispatchers , for fixed periods , they are excluded from the voting group for the reasons stated above with respect to the relief foremen. 6 The Petitioner or the Intervenor , in either of the elections directed herein may, upon prompt request to, and approval thereof by , the Regional Director, have their names removed from the ballot. 256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of this Direction of Elections, including employees who did not work during -said payroll 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 elections, and also excluding employees on strike who are not entitled to reinstatement, to determine : (1) Whether the employees in group 1, above, desire to be repre- sented, for purposes of collective bargaining, by Brotherhood of Railway Trainmen, or by Amalgamated Association of Street and Electric Railway and Mofor Coach Employees of America, AFL, or by neither ; (2) Whether or not the employees in group 2, above, desire to be represented for purposes of collective bargaining by Amalgamated Association of Street and Electric Railway and Motor Coach Em- ployees of America, AFL.10 ORDER IT IS HEREBY ORDERED that the petition filed herein in Case No. 10-RC-781 be, and it hereby is, dismissed. 10 The Petitioner disaffirmed any interest in the employees in group 2.