Reading Transportation Co.

In the Matter Of READING TRANSPORTATION COMPANY and AMALGAM- ATED ASSOCIATION OF STREET, ELECTRIC RAILWAY, AND MOTOR COACH EMPLOYES OF AMERICA Case No. 8-869 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 7, 1939 On December 1, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' The Direction of Election provided that an election by secret ballot be conducted within thirty (30) days from the date of the Direction among employees of Reading Trans- portation Company, Philadelphia, Pennsylvania, employed as motor- bus drivers, including those persons employed on the "extra board" and the "combination board", during the pay-roll period including April 4, 1938, but excluding those who had quit or had been dis- charged for cause since April 4, 1938, to determine whether they desired to be represented by Amalgamated Association of Street, Electric Railway, and Motor Coach Employes of America or Brother- hood of Railroad Trainmen, for the purposes of collective bargaining. The Brotherhood of Railroad Trainmen, herein called the B. R. T., filed an informal written protest dated December 10, 1938, to the above-mentioned Decision and Direction of Election, which protest the Board on December 15, 1938, overruled by Order herein. On or about December 21, 1938, and again oil or about December 29, 1938, the B. R. T. filed further protests, which protests were essentially the same as the protest overruled. In substance, the B. R. T. protested the holding of the election on the ground 2 that there were not included among the classifications eligible to vote certain employees, notably truck drivers, who under existing arrangements with the Company enjoy certain seniority 110 N. L. R B 15. 2 The protest of December 29, 1938 , states as the reason : "certain men are disfranchised who are holding seniority rights and appear upon the one and only seniority roster in effect which governs the standing of all bus and truck drivers of Reading Transportation Company." 11 N. L. R. B., No. 11. 45 46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rights entitling them, upon various contingencies, to be considered for positions within such classifications. This matter as considered by the Board in its Decision and Direction of Election and again in its ruling upon the first protest of the B. R. T. We see no reason for departing from our original Decision in this respect. The second and third protests are hereby overruled. Pursuant to the Decision and Direction of Election, an election by secret ballot was conducted by mail between December 17 and 24, 1938, both inclusive, under the direction and supervision of the Regional Director for the Fourth Region (Philadelphia, Pennsyl- vania). Full opportunity was accorded to all parties to this investiga- tion to participate in the conduct of the election by secret ballot and to make challenges. On January 14, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties his Intermediate Report Upon Secret Ballot. No objections or exceptions to the Intermediate Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote --------------------------------- 49 Total ballots cast------------------------------------------- 47 Ballots cast for the Brotherhood of Railroad Trainmen------- 14 Ballots cast for the Amalgamated Association of Street, Elec- tric Railway, and Motor Coach Employes of America, Local No. 1184 ------------------------------------------------- 29 Blank ballots ---------------------------------------------- O Void ballots------------------------------------------------ 1 Challenged ballots------------------ ------------------------ 3 In the Decision and Direction of Election previously referred to, the Board stated that upon the results of the election would depend in part the determination of the appropriate unit for purposes of collective bargaining. The Board there stated : "If a majority of the motor bus drivers choose the Amalgamated, then motor bus drivers will constitute a single appropriate bargaining unit; if they choose the B. R. T. they will have indicated that they do not prefer such a unit. However, in view of the absence of a petition by the B. R. T. requesting a certification of representatives of employees in the unit it here claims to be appropriate, and the want of a question concern- ing the representation of employees other than motor bus drivers, it will not be necessary, if a majority of the motor bus drivers choose the B. R. T., to determine that any unit is appropriate or whether the B. R. T. has been designated by the majority of the employees in a unit." Upon the entire record in the case, the Board makes the following : READING TRANSPORTATION COMPANY ET AL. SUPPLEMENTAL FINDINGS OF FACT 47 We find that employees of Reading Transportation Company, Philadelphia, Pennsylvania, employed as motorbus drivers, includ- ing those persons employed on the "extra board" and the "combina- tion board", constitute a unit appropriate for the purposes of col- lective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. Upon the basis of the above findings of fact and upon the entire -record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW Employees of Reading Transportation Company, Philadelphia, Pennsylvania, employed as motorbus drivers, including those per- sons employed on the "extra board" and the "combination board", constitute a unit appropriate for the purposes of collective bargain- ing, within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8 and 9, of National Labor Relations Board Rules and Regulations- Series 1, as amended, IT IS HEREBY CERTIFIED that Amalgamated Association of Street, Electric Railway, and Motor Coach Employes of America, Local No. 1184,3 has been designated and selected by the majority of the employees of Reading Transportation Company, Philadelphia, Penn- sylvania, employed as motorbus drivers, including those persons em- ployed on the "extra board" and the "combination board", as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Amalgamated Association of Street, Electric Rail- way, and Motor Coach Employes of America, Local No. 1184, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of em- ployment, and other conditions of employment. 8 While the petition for investigation and certification was filed by the Amalgamated, the ballot listed Local No. 1184 of the Amalgamated.