Richmond Greyhound Lines, Inc.

In the Matter of RICHMOND GREYHOUND LINES, INCORPORATED and AMALGAMATED ASSOCIATION OF STREET , ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, A. F. OF L. Case No. 5-R-1855.-Decided January 7, 1946 Messrs. Joseph F. Castiello , Henry I. Quinn, and L. C. Major, all of Washington, D. C., for the Company. Mr. Wilkam N. Davis, of Richmond, Va., and Mr. Floyd W. Kilisel, of Worthington , Ohio, for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Amalgamated Association of Street Electric Railway and Motor Coach Employees of America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Richmond Greyhound Lines, Incorporated, Washington, D. C., herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before John H. Garver, Trial Ex- aminer. The hearing was held at Washington, D. C., on October 8, 1945. 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 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 Richmond Greyhound Lines, Incorporated, a Virginia corporation with its principal place of business located at Richmond, Virginia, is engaged in the transportation for hire of passengers, baggage, mail, 65 N. L. R. B., No. 48. 234 RICHMOND GREYHOUND LINES, INCORPORATED 235 and newspapers to and from points in the States of Maryland and Virginia and the District of Columbia. The gross revenues from these activities exceeds $4,000,000 annually. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TIIE ORGANIZATION INVOLVED Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. 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 Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees 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. TIIE APPROPRIATE UNIT The Union seeks a, unit comprised of all employees of the Operating Division of the Company, including bus drivers, but excluding oper- ating superintendents, office clerks, dispatchers, bus driver instruc- tors, all supervisory employees, and all other employees. The Com- pany contends that the unit is inappropriate in that it fails to include terminal and maintenance employees. In a prior proceeding involving the same parties, the Board found that the employees presently sought by the Union constitute a group which could properly bargain either as a separate unit or together with maintenance employees of the Company.2 In addition to evi- dence similar to that adduced by it in the prior proceeding, the Com- pany adduced evidence to the effect that similarly affiliated transporta- tion companies bargain collectively with their employees in units which include groups in addition to that sought by the Union, and that the Union admits the employees in these additional groups to I The Trial Examiner reported that the Union submitted 69 membership cards bearing the names of employees listed on the Company's pay roll of September 30, 1945. There are approximately 140 employees currently employed in the appropriate unit. In addition , the,e are 23 employees of the Company in the appropriate unit who are presently in the armed forces 2 Matter of Richmond Greyhound Lines, Incorporated , 52 N L R B 1532 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD membership. Furthermore, the Company also adduced evidence in- dicating that the Union herein is attempting to bargain collectively with affiliated companies in an effort to obtain uniform conditions of employment for employees represented by it throughout the Grey- hound system. However, we are still of the opinion that the employees sought by the Union may properly bargain as a separate unit, or together with other employees of the Company. Inasmuch as the Union is seeking in this proceeding to represent only Operating Divi- sion employees, we find that these employees properly constitute a col- lective bargaining unit. We find that all employees of the Operating Division of the Com- pany, including bus drivers, but excluding office clerks, bus driver instructors, dispatchers, operating superintendents, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, and all other employees of the Company constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company requests, if an election is directed, that we permit the use of mail ballots by employees in the armed services. The circumstances in this case are not substantially or materially different from those pres- ent in the South West Pennsylvania Pipe Lines case.8 We shall, there- fore, as in that case, provide for mail balloting of employees on military leave. As- we stated in the South West Pennsylvania decision : The Board's experience has shown that the speed and efficacy with which it can conduct elections has depended to a great extent upon the degree of cooperation afforded it by the interested parties with respect to matters such as the physical arrangements for the election and the preparation of eligibility lists. A free interchange between the interested parties of information on the addresses and work categories of the employees to be balloted by mail will be necessary in order to avoid challenges and post- election objections. Accordingly, the Board will make available to all interested parties any information of this nature furnished it by any other party. In the event that the parties should send the absentee voters any information or literature 8 bearing di- 6 Acceptance or transmittal of such literature by the Board's office is not to be construed as conferring immunity on the filing party in the event that objections are later interposed concerning its content The usual principles will apply 3 64 N. L. R B 1384, issued December 13, 1945 RICHMOND GREYHOUND LINES, INCORPORATED 237 rectly or indirectly on the pending election, copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties. We adopt the same procedure in this case. Accordingly, we shall direct that the question concerning repre- sentation be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the election herein, subject to the limitations and additions set forth in the Direction . In this case, the Regional Director shall mail ballots to employees within the appro- priate unit on military leave, provided one or more of the parties hereto, within seven (7) days from the issuance of the Direction of Election, files with the Regional Director a list containing the names, most recent addresses , and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to. and received at the Regional Office within thirty (30) days from the date they are mailed to the employees by the Regional Director. 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 Rela- tions 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 Richmond Grey- hound Lines, Incorporated, Washington, D. C., an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction , under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, among employees 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, 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 election to determine whether or not they desire to be represented by Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, A . F. of L., for the purposes of collective bargaining.