City of Boston Cab Association

64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD City of Boston Cab Association and United Industrial Workers of North America of the Seafarers International Union of North America - Atlantic, Gulf, Lakes and Inland Waters District of the Seafarers International Union of North America, AFL-CIO, Petitioner. Case 1-RC-10366 June 26, 1969 DECISION AND DIRECTION OF ELECTION BY MEMBERS FANNING, BROWN, AND JENKINS Upon a petition duly filed on December 26, 1968, under Section 9(c) of the National Labor Relations Act, as amended, a hearing in this case was held on January 16 and 17, 1969, before Hearing Officer Robert D. McGrath. Pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations, the above-entitled matter was duly transferred by the Regional Director for Region 1 to the Board for consideration. The Petitioner and Employer filed briefs. Pursuant to the provisions of Section 3(b) of the Act, as amended, the Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error and they are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Union seeks a unit of all employees of the Employer holding the position of taxicab "starter" at Logan International Airport. The Employer contends that the petition should be dismissed on the grounds that (1) it does not meet the Board's jurisdictional standards; (2) the starters are inextricably associated with the operations of the Massachusetts Port Authority and State police at the airport and as a matter of policy the Board should not exercise jurisdiction; (3) pursuant to the provisions of Section 9(b)(3) disqualifying labor organizations from representing guards which admit to membership employees other than guards, the Union cannot be certified as the representative of the starters; and (4) it is not the employer of the starters for purposes of the Act. The City of Boston Cab Association, hereafter the Association, is a voluntary organization of taxicab owners and operators in the city of Boston. The Association seeks to create better conditions for its members by pressing for the passage of certain laws and obtaining rate increases. By request of its members, the Association also screens applicants for jobs as taxicab operators, giving eye tests, driving tests, and checking the applicants' police and accident records. Its members own between 1,000 and 1,100 of the city's l.,525 licensed cabs. By informal agreement with the Massachusetts Port Authority, hereafter the MPA, the Association conducts the starter service for taxicabs at Logan International Airport. At least since March 12, 1962, the MPA has published a comprehensive set of rules and regulations governing the operation of taxicabs, limousines, motor buses, and charter automobiles at the airport. These rules and regulations appear to regulate both the flow of commercial vehicular traffic and the conduct of vehicle operators while on airport premises and prevent excessive charges to airport patrons for these services. They define the position of starter and contain provisions for their use in connection with taxicab and limousine services. As to both types of service, the regulations stipulate that "only persons designated and authorized to act as such by the (airport) Manager or his duly authorized representative, shall act at any time as Starters to direct the operations and movements" of these vehicles. Another provision states that the starter, at all times, shall require the operator of the class of vehicle to which he is assigned to comply strictly with these Rules and Regulations." The starter service is under the direct control of a taxi manager. Though subject to some extent to the approval of the MPA and the State police, it appears that the taxi manager is hired by the Association's airport committee which is in charge of making all arrangements relating to the services rendered at the airport. It appears further that the airport committee also determines the salary to be paid to the taxi manager . The taxi manager hires the starters,' regulates their working hours, sets their salaries, grants pay raises, and generally supervises their work. By authority of the MPA, which regulates the fee charged for the starter service, the Association collects 10 cents from each taxicab operator who picks up a fare at the airport. In 1968, total receipts from this operation exceeded $70,000. Although not specifically required by its agreement with the MPA, the Association deposits these receipts in a "payroll account." The Association pays out of this account the salaries of the starters and taxi manager, and a proportionate share of its office secretary's salary for services rendered in connection with the starter operation.' It also pays the employees' social security, unemployment, and workmen's compensation taxes, and provides such things as uniforms, caps, and tickets. When a deficit arises in the payroll account, which may result from airport shutdowns during inclement weather, the Association assesses its members in order to pay the starters' salaries. 'Although the MPA and the State police at times interview new applicants and may reject them, the taxi manager is free to hire or reject an applicant who has the approval of the MPA and the State police. On occasion, the MPA may instruct the taxi manager to discharge a starter who is not performing his duties satisfactorily. 'The Association maintains an office in Boston where it employs a 177 NLRB No. 11 CITY OF BOSTON CAB ASSN. The starters, who are now called "taxicab supervisors," are stationed outside the exits of the main terminal building and the Northeast and Eastern Air Lines terminals. It appears that they have a booth near the main terminal building where they sell serially numbered tickets to the taxicab operators, but that they also sell tickets at other points. In addition to the sale of the tickets as a source of revenue, the tickets are used by the starters to maintain an orderly flow of the cabs to the passenger pickup points. Although the tickets at one time carried the MPA stamp, they are now stamped with the name of the Association. Each starter makes a daily written report by serial number of the tickets on hand both at the beginning and end of his shift and of the funds collected. He also submits written reports of infractions of the rules by the taxicab operators. Although the MPA has detailed rules and regulations which apply to taxicab operators, it appears that the starters are primarily concerned with the rules which relate directly to the starter operation. Thus, the violations reported include such incidents as jumping the line, "clipping" or scooping a fare (picking up a fare after discharging a passenger without first going to the pool), and leaving the cab to solicit a fare. On the basis of these facts, we do not find merit in the Association's contention that it is, in essence, an instrumentality of the MPA and State police, and is not the employer of the starters for purposes of the Act.' The Association is a private unincorporated association. Although subject to some limitations, it establishes its own personnel policies, including wages, hours, and working conditions, and, insofar as the record shows, hires and fires its employees completely free of the State's regulations and merit system. The fact that the starters are subject to the MPA rules and regulations and to State police surveillance and the fact that the fees charged for the starter service are controlled by the MPA do not establish that the Association is an instrumentality of the MPA and the State Police. The Association is not administered by State-appointed or publicly elected individuals. It selects its own officers, pays its own expenses, and owns its own property, including an automobile. Therefore, we find that the City of Boston Cab Association is an employer within the meaning of Section 2(2) of the Act.' treasurer-safety director and an office secretary. Except as noted above, their salaries and the office rent are paid from membership dues which are assessed at the rate of $1 per cab per month. The members have also been assessed specially for the purchase of a car which the safety director uses for safety checkouts of drivers of member cabs. 'Nor do we find merit in the Association's contention that the starters are guards within the meaning of Sec. 9(bX3). While the starters enforce rules and regulations of the MPA, the record shows that they are primarily concerned with the rules relating to their principal function of moving taxicabs to and away from the terminal exits. There is no evidence that they are hired to perform guard duties such as protecting the property of the Association or the airport, or checking the permits of the taxicab operators to determine whether or not the operators may pcik up fares at the airport Cf. Pinkerton's National Detective Agency, Ill NLRB 504. 65 We find further that the Association is the employer of the starters for purposes of the Act. While the record shows that the MPA has participated to an unspecified extent, in such matters as the hiring and firing of starters, we find that the Association retains sufficient control over the employment conditions of the starters to enable it to bargain effectively with the Union. Thus, the Association is free to hire or refuse to hire any applicants for the position of starter even though they have been recommended or approved by the MPA. As noted above, the Association regulates the starters' working hours, sets their salaries, grants pay raises, and generally supervises their work. We conclude, therefore, that the Association exercises effective control over the working conditions of the starters and is fully competent to bargain with the Union in accordance with the provisions of the Act.' The record shows that the starter service is essential to the furnishing of taxicab service from Logan International Airport into the city of Boston. Logan International Airport handles both continental and intercontinental flights and is one of the busiest air terminals in the nation. It appears that a substantial number of the passengers travelling on these flights use taxicabs as a means of transportation into Boston. Thus, a strike of the starters is likely to cause considerable discomfort to passengers in continental and intercontinental flight and disrupt the flow of commerce.' We find, therefore, that the starter service is an essential link in the transportation of passengers in interstate commerce. In H P 0 Service, Inc.' the Board decided that it will assert jurisdiction over all enterprises which function as essential links in the transportation of passengers or commodities in interstate commerce which derive at least $50,000 gross revenues per annum from such operations. As the Employer derives in excess of $50,000 gross revenues from the starter service operation, we find that it will effectuate the policies of the Act to assert jurisdiction herein. 2. The labor organization involved claims to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and 2(6) and (7) of the Act. 4. 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 employees employed as taxicab starters, a/k/a taxicab supervisors, at Logan International Airport, but excluding office clerical employees, guards, and supervisors as defined in the Act. 'Cf. Virginia Pilot Association, 159 NLRB 1733 'Cf Herbert Harvey, Inc, 171 NLRB No. 36. 'See Air Terminal Services, Inc., 67 NLRB 702, 705. '122 NLRB 394. 66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [Direction of Election °'9 omitted from publication.] 'in order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them Excelsior Underwear Inc., 156 NLRB 1236, N L R B v Wyman-Gordon Company, 394 U S 759 Accordingly, it is hereby directed that eligible voters, must be filed by the Employer with the Regional Director for Region 1 within 7 days of the date of this Decision and Direction of Election The Regional Director shall make the list available to all parties to the election. No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed. 'In the absence of objection , we shall grant the Petitioner's request that it appear on the ballot in the following style. "U I W -S.I.U , AFL-CIO "