B & P Transfer Co.

In the Matter of B & P TRANSFER COMPANY and TEAMSTERS' & CHAUF-- FEURS' UNION # 883, AFFILIATED WITH THE A . F. OF L. Case No. C-959.-Decided November 15, 1938 Motor Transportation Industry-Settlement: stipulation providing for rein- statement and back pay-Order: entered on stipulation. Mr. Charles Y. Latimer, for the Board. Mr. Robert F. Duer, and Mr. Charles E. Hearne, Jr., of Salisbury,. Md., for the respondent. Mr. Langdon West, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International`- Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America,' herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifth Region (Baltimore; Maryland), issued its complaint dated. August 17, 1938, against the B & P Transfer Company, Salisbury, Maryland, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,. herein called the Act. The complaint and accompanying notice of hearing were duly served upon the respondent and the Union. Concerning the unfair labor practices the complaint alleged, in substance, that the respondent terminated the employment of and refused to reinstate five named employees because they joined the Union and engaged in concerted activities with other employees of the respondent for the purpose of collective bargaining and other mutual aid and protection; and that by the aforesaid acts and by threats and other acts, the respondent interfered with, restrained, and I In the pleadings the Union was incorrectly designated Teamsters' & Chautteurs' Union 4883. At the hearing the Trial Examiner granted the motion made by counsel for the Board to correct the pleadings. 9 N. L. R. B., No. 80. 875 876 NATIONAL LABOR RELATIONS BOARD coerced its employees in the exercise of the rights guaranteed in Sec- tion 7 of the Act. On August 24, 1938, the respondent filed its answer in which it admitted the allegations concerning the nature and scope of its business, but denied the allegations of unfair labor practices. Pursuant to notice -a hearing was held on September 1 and 2, 1938, at Salisbury, -Maryland, before Henry W. Schmidt, the Trial Ex- aminer duly designated by the Board., The Board and the respond- ent were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On September 2, 1938, during the hear- ing, the respondent, the Union, and counsel for the Board entered into a stipulation in settlement of the issues. The hearing was ad- journed pending the approval of the stipulation by the Board. The Board did not act on this stipulation. On October 4, 1938, the parties entered into a new stipulation which embodied some new provisions in addition to those included in the prior stipulation. The new stipulation provides as follows : It_ is hereby stipulated and agreed by and between the B & P Transfer Company (hereinafter called the Company), Team- sters' & Chauffeurs' Union #883, Affiliated with the A. F. of L. (hereinafter called the Union), and the National Labor. Relations Board, as follows : 1. The Company is and has been since January, 1938, a cor- poration organized under, and existing by virtue of the Laws of the State of -Maryland, with its principal office and place of busi- ness located • at Salisbury, Maryland. The authorized capital stock of the Company is two thousand (2000) common shares, with a par value of ten dollars ($10.00) per share. There have been issued and are now outstanding, eleven hundred five (1105) shares of stock, seven hundred (700) of which are owned by Elisha P. Parker, four hundred (400) by Margie A. Parker, and five (5) by Russell J. Davis. The officers and directors of the Company are Elisha P. Parker, President and General Man- ager; Russell J. Davis, Vice-President; and Margie A. Parker, Secretary-Treasurer. The Company is engaged in the general trucking business out of Salisbury, Maryland, and other points on the Eastern Shore of Maryland, to Baltimore, Maryland, Philadelphia, Pennsylvania, Paterson, New Jersey and New York City. The Company owns twelve (12) trucks valued at DECISIONS AND ORDERS 877 approximately forty-four hundred dollars ($4400.00). Two- thirds (2/3) of the freight hauled by the Company is farm pro- duce and canned goods, and one-third (1/3) is shirt factory products and general freight. Approximately one-third (1/3) of the entire freight hauled goes to Baltimore, Maryland, and two-thirds (2/3) goes to points outside the State of Maryland. Two-thirds (2/3) of the freight carried on 'return trips comes from Baltimore, Maryland, and one-third from points outside the State of Maryland, principally New York and Philadelphia. The peak business season for the Company is June, July and August, during which time the Company employs twenty (20) people, with a payroll of approximately three hundred fifty dollars ($350.00) per week. The remainder of the year ap- proximately sixteen (16) people are employed. The gross income for the calendar year 1937 was approximately fifty-four thou- sand three hundred twenty-four dollars ($54,324.00). Gross op- erating expenses for the same period amounted to approximately fifty-one thousand seven hundred nine dollars ($51,709.00). Gross income for the first seven months of 1938 amounted to approximately thirty thousand dollars ($30,000.00). Gross op- erating expenses for the same period amounted to approximately thirty-two thousand dollars ($32,000.00). The Company is duly licensed to engage in the interstate transportation of freight and cargo by the Bureau of Motor Carriers of the United States Interstate Commerce Commission, pursuant to the provisions of the Motor Carriers Act. 2. The Company admits that it is engaged in interstate com- merce within the meaning' of Section 2, subdivisions 6 and 7 of the National Labor Relations Act. - 3. On the basis of the foregoing facts and 'the record, the Company and the Union agree that the National Labor Rela- tions Board shall enter an order as follows : ORDER Upon the.basis of the findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respondent, its officers, successors and assigns shall : 1. Cease and desist : (a) From in any manner discouraging membership in the Union, or any other labor organization of its employees; (b) From in any manner interfering with, restraining or coercing its employees in the exercise of their rights to self- organization, to form, join, or assist labor organizations, and to engage in concerted activities for their mutual aid and protec- 878, NATIONAL LABOR, BELATTONS BOARD tion, as guaranteed in Sectioin:7-of the National Labor Relations Act. 2. Take the following affirmative action which the National Labor Relations Board finds will effectuate the policies of the Act : (a) Offer to Franklin Cooper, Albert Boston, James C. Reed, Earl White and Frank E. White immediate and full reinstate- ment to their former positions, without prejudice to their seniority or other rights and privileges previously enjoyed by them ; -(b) Make whole to each of the persons named in Schedule A attached hereto for the loss of pay suffered by reason of the discrimination of the respondent in discharging them, by pay- ment to each of them respectively, of the sum set forth follow- ing his name, which sum is equal to that which he would have earned as wages, less the amount each has earned; (c) Immediately post notices in conspicuous places about the Salisbury Terminal of the respondent, and maintain such notices for a period of thirty (30) consecutive days, stating that the respondent will cease and desist as aforesaid; (d) Notify the Acting, Regional Director for the Fifth Region, in writing, within ten (10) days from the date of the Order, what steps the respondent has taken to. comply therewith. 4. The Company herein consents to the entry by any Circuit Court of Appeals for the United States of a decree enforcing an order of the National Labor Relations Board in the form above ; the Company expressly waives its right to contest the entry of any such decree by any Circuit Court of Appeals of the United States, and waives its right to notice of a filing of an application by the National Labor Relations Board for the entry of any such decree. 5. All of the aforegoing shall be subject to the approval of the National Labor Relations Board. On October 11, 1938, the Board issued its order approving the above stipulation, making it a part of the record in the ease, and trans- ferring the proceeding to the Board for the purpose of entry of a Decision and Order by the Board pursuant to the provisions of the stipulation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent is a Maryland corporation engaged in the general trucking business with its principal office and place of business at - DECISION S• AND . ORDERS !879 Salisbury, Maryland. The respondent's fleet of 12 trucks hauls freight between Salisbury and other points on the eastern shore of Maryland and Baltimore, Philadelphia, and New York City. Of the total freight hauled- by- the - respondent's- trucks from Salisbury and other-points on the eastern shore two-thirds-is carried to points out- side the State of Maryland. - - Of -the- total -freight hauled by the respondent's trucks to Salisbury and the eastern shore one-third is carried from points outside the State of Maryland. We find that the respondent is engaged in traffic, commerce, aid transportation among the several States. ORDER Upon the basis of the aboye findings of fact, stipulation, and the entire record in the case, and pursuant to Section 10 (c) of the Na- tional Labor Relations Act, the National Labor Relations Board hereby orders that B & P Transfer Company, Salisbury, Maryland, and its officers, successors, and assigns shall: 1. Cease and desist : (a) From in any manner discouraging membership in the Union, or any other labor organization of its employees; (b) From in any manner interfering with, restraining or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, and to engage in concerted activities for their mutual aid and protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Offer to Franklin Cooper, Albert Boston, James C. Reed, Earl White, and Frank E. White immediate and full reinstatement to their former positions, without prejudice to their seniority or other rights and privileges previously enjoyed by them; (b) Make whole to each of the persons named in schedule A attached hereto for the loss of pay suffered by reason of the discrimi- nation of the respondent in discharging them, by payment to each of them, respectively, of the sum set forth following his name, which sum is equal to that which he would have earned as wages, less the amount each has earned; (c) Inm-nediately post notices in conspicuous places about the Salisbury Terminal of the respondent, and maintain such notices for a period of thirty (30) consecutive days, stating that the respond- ent will cease and desist as aforesaid; (d) Notify the Acting Regional Director for the Fifth Region, in writing, within ten (10) days from the date of the Order, what steps the respondent has taken to comply therewith. 880 NATIONAL LABOR RELATIONS BOARD SCHEDULE A Franklin Cooper ----------------------------------------- $57.00 Albert Boston ------------------------------------------- 46.00 James C. Reed------------------------------------------- 34.00- Earl White---------------------------------------------- 36.00 Frank E. White------------------------------------------ 57.00