Carey Transportation, Inc.

332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Carey Transportation, Inc. and Joseph McAvoy and William J. Wallace, Petitioners and Brotherhood of Railroad Trainmen,: Grand Lodge, Petitioner. Cases Nos. 2-RC-8807 and 2-RC-9110.: November 4,1957 DECISION, ORDER, AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held in Case No. 2-RC-8807 before Henry E. Knowlton, hearing officer. The hearing officer's rulings made at the hearing 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 Leedom and Members Murdock and Bean]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. Joseph McAvoy and William J. Wallace, individuals who filed the petition in 2-RC-8807, and the intervening labor organization claim to represent certain employees of the Employer. McAvoy, who is employed as a dispatcher, is claimed by the Employer to be a super- visor and hence ineligible to represent other employees in collective bargaining. In view of our finding that dispatchers are properly in- cluded in the unit, no bar is apparent to McAvoy's acting as bargain- ing representative. We deny the Employer's motion to dismiss on this ground. Local 643, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, AFL-CIO, was allowed to intervene on the basis of its contract to represent the employees here sought, which contract expired May 2, 1957. It was certified for this unit as the result of a consent election in 1946 or 1947. The Brotherhood of Railroad Trainmen, Grand Lodge, has filed a posthearing motion to intervene and appear on the ballot in the unit found appropriate by the Board. Shortly before filing this motion, it filed a separate petition in Case No. 2-RC-9110 to represent the identical unit here sought by the individual petitioners. The Em- ployer opposes intervention by the Brotherhood, contending that its showing of interest is posthearing and that intervention by this par- ticular union poses a problem which requires a hearing. More spe- cifically, it contends that the Brotherhood, which already represents its drivers (see Case No. 2-RC-8767), should not also be allowed to represent its checkers-who are included in the unit here sought- 119 NLRB No. 40. CAREY TRANSPORTATION, INC. 333 because it is the duty of checkers to count the number of bus passengers whose fares are collected by the drivers. We find no merit in this contention.. As to showing , we are administratively satisfied that the Brotherhood has made an appropriate prehearing showing of interest that would permit its intervention in this proceeding. However, inas- much as its independent petition for this same unit is pending in the Region, as it seeks no further hearing , and as the other parties have had adequate opportunity to present their contentions concerning unit and allied problems in the hearing already held in Case No. 2-RC- 8807 and by motion since, we shall consolidate the two proceedings for decision and direction of election. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Employer operates buses to transport airline passengers to and from the East Side Terminal in New York to LaGuardia and Idlewild Airports, and to and from the West Side Terminal in New York to,the Newark Airport, as well as some interairport shuttling. The unit of dispatchers, checkers, and baggage handlers sought by the Petitioner, which has been the contract unit between the Employer and the Intervenor, consists of approximately 180 employees. The Employer contends that the dispatchers are supervisors and should be excluded from the unit. There are 5 chief dispatchers, 21 dispatchers, and 6 assistant dis- patchers or checkers qualified to act as dispatchers for brief periods or in emergencies. There are about 40 checkers, whose duties include assisting passengers, encouraging them to take this type of trans- portation, watching the loading of the buses and seeing that they leave as soon as loaded, as well as answering passenger questions. The duties of the 120 baggage handlers are self-evident; their work sta- tions are assigned to them by the station manager. The classification of chief dispatcher was apparently created sev- eral years ago when the East Side Terminal opened. It has the heaviest workload and all chief dispatchers work there. Except that they have the master lists of equipment, their duties are the same as dispatchers. There is always a dispatcher on duty at each of the five locations, .around the clock. They work in an office where they have access to .extensive communication equipment to communicate with, each other for the maximum usage of transportation equipment. Since 1949 the Employer has had a station manager "in charge at each point," who is admittedly a supervisor. These managers work at least an 8-hour shift' in the daytime. Normally, when they go off duty, they leave a -iiuniber at which they may be called. There are also 4 assistant sta- tion managers, 2 at the East Side and 2 at the West Side Terminal, so 334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that these 2 terminals have a manager on duty for 16 hours a day, at. least,5 days a week. Some of the managers have been promoted from dispatchers. Managers and assistant managers do not wear pniforms or punch a time clock, as do the other employees here considered. Dispatchers are given a schedule made up by the office, but must make adjustments in it constantly due to late arrival of planes, weather conditions, and similar causes. Accordingly, they may ask a driver to work overtime or permit him to go home. Testimony by several dispatchers indicates that they "write up" infractions of rules by other employees as part of their duties, although one said that he did so only when specifically requested to do so by a supervisor. Their testimony also indicates that they have no authority to hire, discharge, or discipline employees, or effectively to recommend such action. In the absence of a manager or assistant manager a dispatcher might send home a driver who appeared to have been drinking, but the record shows no instances of this sort. On the other hand, testimony for the Employer was to the effect that dispatchers have the right to recommend discharge and discipline, and that probably these recom- mendations would be given weight. Only one example of a discharge recommendation was given and as to that the personnel manager testi- fied that there were cumulative reasons for the discharge. Concerning the scope of their job, dispatchers were furnished with the following written matter in March or April 1957. This was in connection with a survey of duties undertaken by the Employer. AIRPORT DISPATCHERS REPORT TO WORK IN UNIFORM AND ON TIME TO RELIEVE THE MAN ON THE PRECEDING SHIFT BE COURTEOUS, NEAT AND PRESENTABLE AT ALL TIMES COVER ALL AIRLINE ARRIVALS AND CHARTER CALLS ON TIME ASSIGN AND FEED DRIVERS IN ROTATION RECORD ALL PASSENGER COUNTS AND DEPARTURE TIMES ON MASTER SHEET AND CONVEY SAME TO CHIEF DISPATCHER VIA TELETYPE ALSO - GIVING DRIVERS NAME BUS AND TRIP NUMBER ISSUE AND RECORD EXPEDITE AND MERCURY CHECKS AND NOTIFY DESTINATION POINT OF SAME VIA TELETYPE RECORD ANY DELAYS, SICK CALLS, BREAKDOWN, ETC. DURING THE COURSE OF YOUR TOUR ON THE CAREY TRANSPORTATION, INC. 335, DISPATCHERS SHIFT REPORT AND LEAVE FOR THE- ,NEXT DISPATCHER FOR REFERENCE USE WORK IN CLOSE HARMONY WITH THE CHIEF DIS-- PATCHER FOR PROPER EQUIPMENT DISTRIBUTION: ISSUE INTER AIRPORT MANIFESTS (YELLOW) FOR. ALL CROSS AIRPORT OPERATIONS SEE TO IT THAT ASSISTANTS, CHECKERS AND BAG-- GAGEMEN PUNCH THEIR TIME CARDS AT START-- ING AND FINISHING TIMES ALWAYS CONSULT YOUR STATION MANAGER AT- STATION OR AT HOME WHENEVER A PROBLEM- ARISES THAT REQUIRES HIS DECISION IF UNABLE TO CONTACT STATION MANAGER CALL. PHIL BUCKLES STANLEY PIECH BART HEANEY On this record we find, contrary to the contention of the Employer,. that the direction of other employees by the dispatchers is essentially of a „routine nature and does not require the use of independent judgment within the meaning of Section 2 (11) of the Act: -We- find also that the record does not establish that these dispatchers have been given authority to hire, discharge, or discipline employees,. or effectively to recommend such action. Accordingly, we find that. the dispatchers are not supervisors . See New England Transporta- tion Company , 90 NLRB 539, 540; Capital Transit Company, 98 NLRB 141, 145; compare Seashore Transportation Company, 95- NLRB 1296, 1298; see also J. Segari c0 Co., 114 NLRB 1159, 1161. We find that the following employees of the Employer constitute- a unit appropriate for the purposes of collective bargaining within, the meaning of Section 9 (b) of the Act : All chief dispatchers, dispatchers, assistant dispatchers , checkers,, and baggage handlers employed by the Employer in the New York City area at the East Side and West Side Airlines Terminals,: LaGuardia Airport, Idlewild Airport, and Newark, New Jersey Airport, excluding drivers, office clerical employees, mechanics, main- tenance men, foremen, professional employees, guards, and supervisors- as defined in the Act. [The Board consolidated the petition in Case No. 2-RC-9110 withL the petition filed herein.] [Text of Direction of Election omitted from publication.]