National Transitads, Inc.

In the Matter of NATIONAL TRANSITADS , INC. and UNITED OFFICE AND PROFESSIONAL WORKERS OF AMERICA, C. I. O. Case No. 4-R-19.43.-Decided April 18,1946 Messrs. Harvey S. Barber and G. E. Frazer, Jr., of Chicago, Ill., and Mr. Thomas J. Mazza, of Philadelphia , Pa., for the Company. Mr. Nicholas Chase, of Philadelphia, Pa., for the Union. Mr. Arthur Christopher, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Office and Professional Work- ers of America, C. I. 0., herein called the Union, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of National Transitads, Inc., Philadelphia, Pennsylvania, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Herman Laz- arus, Trial Examiner. The hearing was held at Philadelphia, Penn- sylvania, on January 30, 1946, and February 11, 1946. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Exam- iner'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 National Transitads , Inc., is a Delaware corporation with principal offices in Chicago, Illinois, and branch offices located throughout the United States. The Company holds exclusive selling agreements with transit lines throughout the United States for advertising space on their vehicles, platforms, and other facilities , and is engaged in the 67 N. L. R. B., No. 66. 511 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sale and servicing of this advertising space. The purchasers of this space supply the advertising material consisting of cards and posters and the Company, in turn, posts and maintains the material. In addi- tion to the sale of space on the facilities of transit companies with which it has contracts, the Company sells space on facilities of transit companies with which other transit advertising companies have con- tracts, under a reciprocal arrangement with those transit advertising companies. We are here concerned solely with the Company's em- ployees in its branch office at Philadelphia, Pennsylvania. The gross volume of business done by the Company throughout the United States during 1945 was in execs of $1,000,000. During that year about 30 advertisers, all of whom are engaged in interstate com- merce, utilized the Company's advertising facilities located through- out the United States. It is established that approximately 50 percent of the Company's annual business comes from firms engaged in inter- state commerce. With particular reference to its Philadelphia office which forms an integral part of its nation-wide operations and han- dles all business in the metropolitan Philadelphia area, the record shows that the gross income for services rendered there during 1945 was $500,000. Most of this income represented payment for the sale and servicing of advertising space on the facilities of the Philadelphia Transportation Co., which operates transit lines in metropolitan Phil- adelphia and also has a spur line to Camden, New Jersey. In excess of $50,000 of this $500,000 income came from concerns located in the Philadelphia area for services performed outside the Commonwealth of Pennsylvania. In this connection, the record shows that these services entailed the posting and servicing of more than 100,000 cards and posters, or about 10 percent of the total number handled by the Philadelphia Office. During the same year, the Philadelphia branch office handled more than $100,000 worth of business contracted for by customers located in States other than Pennsylvania for services to be rendered in metropolitan Philadelphia. It is apparent from the foregoing that the Company is engaged in a business nation-wide in character, and that its local office in Phila- delphia, Pennsylvania, forms an integral and coordinated part of the Company's operations. We, therefore, find, contrary to the conten- tion of the Company, that it is engaged at its Philadelphia office in interstate commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATION INVOLVED United Office and Professional Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. NATIONAL TRANSITADS, INC. 513 III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Boatll agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find in accordance with the agreement of the parties that all carders, posters, and maintenance employees of the Company at its Philadelphia, Pennsylvania branch office excluding foremen and all or 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 appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employ- ees 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 representa- tives for the purposes of collective bargaining with National Transit- ads, Inc., Philadelphia, Pennsylvania, 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 Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article I The Field Examiner reported that the Union submitted 24 cards, bearing the names of employees listed on the Company's pay roll There are approximately 26 employees in the appropriate unit. 692148-46-vol 67--3} 514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III, Sections 10 and 11, of said Rules and Regulations, among employ- ees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately 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 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, to determine whether or not they desire to be represented by United Office and Professional Workers of America, C. I. 0., for the purposes of collective bargaining.