Thurston Motor Lines, Inc.

fn the Matter of THURSTON MOTOR LINES, INC. and TRUCK DRIVERS AND HELPERS LOCAL UNION No. 592, A. F. OF L. Case No. 5-R-1853.-Decided June 12, 1945 Mr. John T. Grigsby, of Richmond, Va., Mr. D. J. Thurston, Jr., of \Vilson, N. C., and Mr. C. G. Martin, of Richmond , Va., for the Company. Messrs. L. G. Lane and T. M. Edwards, of Richmond, Va., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE 4 Upon petition duly filed by Truck Drivers and Helpers Local Union No. 592, A. F. of L., herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Thurston Motor Lines, Inc., Richmond, Virginia, herein called the Com- pany, the National Labor Relations Boards provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held at Richmond, Virginia, on May 11, 1945. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Thurston Motor Lines, Inc., is a North Carolina corporation with its principal offices at Wilson, North Carolina. The Company operates termi- 62 N. L. R. B., No. 52. 355 3.56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pals at Rocky Mount, Greensboro, New Bern, Raleigh, Durham, Weldon, Wilson, Fayetteville, Goldsboro, Kingston, Winston-Salem, and Burling- ton, North Carolina, and at Richmond and Norfolk, Virginia. The Com- 1pany operates under a certificate from the Interstate Commerce Commis- sion and is engaged in transporting freight between the States of North Carolina and Virginia and also carries freight which is destined for points outside those States. During 1944 the Company's gross income was in excess of $500,000, about 60 percent of which was derived from interstate shipments. We.are here concerned solely with the Company's terminal at Richmond, Virginia. During 1944 that terminal handled about 25,000,000 pounds of freight. All freight picked up by the Company in the State of Virginia is shipped to points outside that State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Truck Drivers and Helpers Local Union No. 592 is a labor organization affiliated with the American Federation of Labor, admitting to member- ship employees of the Company. III THE QUESTION CONCERNING REPRESENTATION On January 19, 1945, the Union requested the Company to recognize it as the exclusive collective bargaining representative of certain of the employees employed by the Company. The Company refused this request until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with the parties, that all local pick-up drivers and helpers or warehousemen at the Richmond terminal of the Company, excluding clerical employees, assistant managers, manager, su- perintendent, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 'The Field Examiner reported that the Union presented 7 authorization cards There are approximately 9 employees in the appropriate unit THURSTON MOTOR LINES, INC. 357 V THE DETERMINATION OF REPRESENTATIVES W,W shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that , as part of the investigation to ascertain representatives for the purposes of collective bargaining with Thurston Motor Lines, Inc., Richmond, Virginia, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations , among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period imme- diately preceding the date of this Direction , including employees who did not work during said pay -roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Truck Drivers and Helpers Local Union No. 592, A. F. of L., for the purposes of collective bargaining