Maloney Trucking and Storage, Inc.

In the Matter Of MALONEY TRUCKING AND STORAGE, INC.; DENNIS SHEEN TRANSFER, INC.; DOUGLAS TRANSFER , INC.; LETELLIER TRANSFER , INC.; ESTATE OF FRANK NEWFIELD, INC.; REBECCA FARACHER, INC., DOING BUSINESS UNDER TRADE NAME OF FABACHER MOTOR EXPRESS CO.; SERVICE DRAYAGE CO., INC.; MRS. MAUDE JOYNER CONWAY, ADMINISTRATRIX OF THE ESTATE OF ALBERT L. CONWAY, DOING BUSINESS AS ACME TRANSFER ; GEORGE J. HEFLER; CRESCENT FORWARDING & TRANSPORTATION COMPANY , LTD. ; HA- MANN'S TRANSFER CO., INC.; ERNST BROS. ; S. JACKSON & SON, INC. ; RIVERSIDE TRANSFER , INC. ; HARVEY H. HUTH, DOING BUSINESS AS ST. CHARLES TRANSFER Co.; J. A. THOMAS , PROP., THOMAS TRUCK- ING AND FREIGHT FORWARDING ; A. L. TUCKER ; R. BURKE, DOING BUSINESS AS VAUGHAN TRANSFER CO.; YOUNG'S TRANSFER, INC.; FOLSE DRAYAGE, INC; ASSOCIATED MOTOR CARRIERS OF LOUISIANA, INC.; DUPUY STORAGE AND FORWARDING CORPORATION ; Lou-is LIND DOING BUSINESS AS LIND TRANSFER; JOHNSEN'S GENERAL DRAYAGE & HAULING and UNITED TRANSPORT WORKERS, LOCAL INDUSTRIAL UNION 806, AFFILIATED WITH THE C. I. O. Cases Nos. R-1200 to R-1212, inclusive, R-1214 to R-1224, inclusive, C-1150 to C-1163, inclusive, and C-1165 to C-1172, inclusive.- Decided February 11, 1939 Drayage and Warehousing Industry-Settlement: stipulation providing for compliance with the Act-Order: entered on stipulation ; complaint against one respondent dismissed as to eight persons-Investigation of Representatives- Unit Appropriate for Collective Bargaining: stipulation as to-Election Ordered Mr. Samuel Lang, Mr. C. Paul Barker, and Mr. Arthur R. Dono- van, for the Board. Mr. J. L. Toler and Denegre, Leovy & Chaffee, of New Orleans, La., for the respondent Maloney and the respondent Dennis Sheen. Mr. Fontaine Martin, Jr., and Baldwin, Haspel d Molony, by Mr. L. A. Molony, and Mr. Edward Haspel, of New Orleans, La., for the respondent Douglas Transfer. Mr. H. H. Harz, of New Orleans, La., for the respondent Hefler. Mr. Joseph M. Jones and Mr. A. J. Waechter, Jr., of New Orleans, La., for the respondent Letellier. Mr. Henry O'Connor and Mr. John O'Connor, of New Orleans, La., for the respondents Newfield, Rebecca Fabacher, Inc., Service, Acme, Associated, Thomas, Tucker, and Dupuy. 11 N. L. R. B., No. 24. 173 174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mr. John May, of New Orleans, La., for the respondent Crescent. Mr. J. D. Hamann, of New Orleans, La., for the respondent Hamann. Mr. Charles B. Murphy and Mr. Robert F. Morrow, of New Or- leans, La., for the respondent Ernst. Mr. Louis Lind, of New Orleans, La., for the Company Lind. Mr. Wm. H. Talbot and Mr. Michael Provosty, of New Orleans, La., for the respondent Jackson. Mr. S. H. Johnsen, of New Orleans, La., for the Company Johnsen. Mr. David Gertler and Mr. Ellis C. Irwin, of New Orleans, La., for the respondent Riverside. Mr. Claude L. Johnson, of New Orleans, La., for the respondent St. Charles. Mr. R. Burke, of New Orleans, La., for the respondent Vaughan. Mr. Charles Young, of New Orleans, La., for the respondent Young. Mr. H. Charles Korn, of New Orleans, La., for the respondent Folse. Mr. Yelrverton Cowherd of Birmingham, Ala., Mr. J. R. Robertson and Mr. Bjarne Halling, of New Orleans, La., for the United. Mr. Bentley G. Byrns, of New Orleans, La., for the Brotherhood. Mr. Langdon West and Mr. Richard A. Williams, of counsel to the Board. DECISION ORDER AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon charges and amended charges duly filed by the United Trans- port Workers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations," herein called the United, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifteenth Region (New Orleans, Louis- iana), herein called the Regional Director, issued separate complaints dated July 18, 1938, against Maloney Trucking and Storage, Inc., herein called the respondent Maloney; Dennis Sheen Transfer, Inc., herein called the respondent Dennis Sheen; Douglas Transfer, Inc., herein called the respondent Douglas Transfer; Letellier Transfer, Inc., herein called the respondent Letellier; Estate of Frank New- field, Inc., herein called the respondent Newfield; Rebecca Fabacher, Inc., doing business under the trade name of Fabacher Motor Ex- 'In some instances the pleadings designated the United as United Transport Workers of America, Local 806, affiliated with the C. I 0, and in some instances as United Transport Workers, Industrial Local Union 806, affiliated with the Committee for Industrial Organization. MALONEY TRUCKING & STORAGE, INC., ET AL. 175 press Co., herein called the respondent Rebecca Fabacher, Inc. ; Service Drayage Co., Inc., herein called the respondent Service; Mrs. Maude Joyner Conway, Administratrix of the Estate of Albert L. Conway, doing business as Acme Transfer, herein called the re- spondent Acme; George J. Hefter, herein called the respondent Hefter; Crescent Forwarding & Transportation Company, Ltd., herein called the respondent Crescent; and Associated Motor Carriers of Louisiana, Inc., herein called the respondent Associated, respec- tively, all of New Orleans, Louisiana, alleging that the respondents individually had engaged in and were engaging in unfair labor prac- tices affecting commerce within the meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. A copy of the respective com- plaints, accompanied by notice of hearing, was duly served upon each of the above-named respondents, upon the United, and upon the In- ternational Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local No. 270, affiliated with the American Fed- eration of Labor, herein called the Brotherhood. On June 25, 1938, the United filed with the Regional Director separate petitions alleging that questions affecting commerce had arisen concerning the representation of employees of the respondent Maloney; the respondent Dennis Sheen; the respondent Douglas Transfer; the respondent Letellier; the respondent Newfield; the respondent Rebecca Fabacher, Inc.; the respondent Service; the re- spondent Acme; 2 the respondent Hefter; the respondent Crescent; Hamann's Transfer Co., Inc., herein called the respondent Hamann; Ernst Bros., herein called the respondent Ernst ; S. Jackson & Son, Inc., herein called the respondent Jackson; Louis Lind, doing busi- ness as Lind Transfer, herein called the Company Lind; and John- sen's General Drayage & Hauling, herein called the Company John- son, all of New Orleans, Louisiana, and requesting investigation and certification of representatives pursuant to Section 9 (c) of the Act. On July 12, 1938, the United filed with the Regional Director separate petitions alleging that questions affecting commerce had arisen concerning the representation of employees of Riverside Transfer, Inc., herein called the respondent Riverside; Harvey H. Huth, doing business as St. Charles Transfer Co., herein called the respondent St. Charles; J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding, herein called the respondent Thomas; A. L. Tucker, herein called the respondent Tucker; R. Burke, doing business as Vaughan Transfer Co., herein called the respondent Vaughan; Young's Transfer, Inc., herein called the respondent On July 16, 1938, the United filed an amended petition involving the respondent Acme. 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Young; Folse Drayage, Inc., herein called the respondent Folse; and the respondent Associated, respectively, all of New Orleans, Louisiana, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the Act. On July 14, 1938, the United filed with the Regional Director a petition alleging that a question affecting commerce had arisen concerning the representation of the employees of Dupuy Storage and Forwarding Corporation, herein called the respondent Dupuy, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Act. Acting pursuant to Section 9 (c) of the Act and Article III, Sections 3 and 10 (c) (2), and Article II, Section 37 (b), of National Labor Relations Board Rules and Regulations-Series 1, as amended, the Board, by its order dated July 8, 1938, by its amended order dated July 13, 1938, and by its second amended order dated July 15, 1938, consolidated the above-mentioned complaint and representation cases 8 and directed the Regional Director to conduct an investiga- tion concerning the question of representation and to provide for an appropriate hearing upon due notice. Thereafter, notice of the hearing in the consolidated cases was duly served upon the respondents,4 the United, and the Brotherhood. Pursuant to notice a hearing was held on July 29 and 30 and August 1, 2, 3, 4, 5, and 6, 1938, at New Orleans, Louisiana, before Albert L. Lohm, the Trial Examiner duly designated by the Board. The Board, the respondents, the United, and the Brotherhood were rep- resented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing on July 30, 1938, the Trial Exam- iner granted, without objection, the Brotherhood's petition to inter- vene in the aforesaid consolidated complaint and representation cases. During the course of the hearing on August 6, 1938, the respond- ents,5 the United, the Brotherhood, and counsel for the Board entered into a stipulation in settlement of the case. This stipulation was received in evidence without objection. Thereafter the Trial Exam- 8 The cases involving the companies and individuals listed below are not listed because they were severed at a later stage from those cases involved in this proceeding : Barran Transfer Line ; Herrin Transportation Company ; Houma Motor Freight Line ; Douglas warehouses ; Dietrich & Wiltz, Inc. ; Boulet Transportation Co., Inc. ; Fabacher Drayage Company ; Kramer's Transfer , Inc. ; Douglas Public Service Corporation ; Herrin Motor Lines, Inc. ; T. S. C. Motor Freight Lines of Houston , Inc. ; and Silver Fleet, Inc. ' Counsel for the respondent Thomas acknowledged service at the hearing. 5 Barras Transfer Line ; Herrin Transportation Company ; Houma Motor Freight Line ; Kramer's Transfer , Inc. ; Herrin Motor Lines, Inc. ; T. S. C. Motor Freight Lines of Houston, Inc. ; and Silver Fleet, Inc., did not participate in the stipulation in settlement of the case. The cases involving them were severed from those with which this decision is concerned by order of the Board dated August 8, 1938. MALONEY TRUCKING & STORAGE, INC., ET AL. 177 iner granted a motion made by counsel for the Board to dismiss the complaints filed against the respondents, subject to the settlement stipulation. The Trial Examiner also granted without objection the United's petition to withdraw the charges and amended charges filed by it against the respondents. Thereupon the hearing was adjourned until further notice. Subsequently, the Brotherhood, by letter dated September 8, 1938, addressed to the Regional Director, withdrew from the aforesaid settlement stipulation. Whereupon the United filed a motion for permission to withdraw the motion previously made by it to with- draw the charges in the aforesaid matter. Thereafter the Regional Director issued and served upon the parties a report on the status of the aforesaid cases in which he advised the Board of the Brother- hood's withdrawal from the settlement stipulation and recommended that the status of the consolidated proceeding and the cases there- under should be restored to the status they had prior to the entry of the settlement stipulation and prior to the withdrawal of the dismissal motions referred to above. On December 13, 1938, the Board issued its order vacating its approval of the above-mentioned settlement stipulation ; granting the United leave to withdraw its motion to withdraw the charges filed by it in the above-mentioned cases; vacating the ruling of the Trial Examiner dismissing the said complaints; incorporating in the record the Regional Director's report concerning the status of the afore-mentioned cases; and restoring the afore-mentioned cases to the status they had prior to the settlement stipulation. Upon amended charges duly filed by the United, the Board, by the Regional Director, issued its separate amended complaints dated De- cember 27, 1938, and its separate amendments to the amended com- plaints dated January 6, 1939, against the respondent Maloney, the respondent Douglas Transfer, the respondent Letellier, the respond- ent Newfield, the respondent Rebecca Fabacher, Inc., the respondent Acme, the respondent Hefter, and the respondent Associated ,6 alleg- ing that the respondents individually had engaged in and were en- gaging in unfair labor practices afFecting commerce within the mean- ing of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the Act. Upon amended charges duly filed by the United, the Board, by the Regional Director, issued its separate amended complaints dated De- cember 28, 1938, and its separate amendments to the amended com- plaints dated January 6, 1939, against the respondent Dennis Sheen, the respondent Service, and the respondent Crescent, alleging that the respondents individually had engaged in and were engaging in e The complaint against the respondent Associated did not allege a violation of Section 8 (3) of the Act. 178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (5) and Section 2 (6) and (7) of the Act. A copy of the respective amended complaints and a copy of the respective amendments to the amended complaints, accompanied by notices of hearing thereon, were duly served upon each of the re- spondents named in the preceding two paragraphs, upon the United,, and upon the Brotherhood. Upon charges and amended charges duly filed by the United, the Board, by the Regional Director, issued its separate complaints dated December 27, 1938, and its separate amendments to the complaints dated January 6, 1939, against the respondent Hamann, the respond- ent Ernst, the respondent Jackson, the respondent Riverside,7 the respondent St. Charles, the respondent Young, and the respondent Folse, alleging that the respondents individually had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and Section 2 (6) and (7) of the Act. Upon charges and amended charges duly filed by the United, the Board, by the Regional Director, issued its separate complaints dated December 28, 1938, and its separate amendments to the complaints dated January 6, 1939, against the respondent Thomas, the respond- ent Tucker, the respondent Vaughan, and the respondent Dupuy, alleging that the respondents individually had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and Section 2 (6) and (7) of the Act. A copy of the respective complaints and a copy of the respective amendments to the complaints, accompanied by notices of hearing thereon, were duly served upon each of the respondents named in the preceding two paragraphs, the United, and the Brotherhood. Pursuant to notice, a hearing was held on January 12, 13, 16, 17, 18, and 19, 1939, at New Orleans, Louisiana, before Henry J. Kent, the Trial Examiner duly designated by the Board. The Board, the United, the Brotherhood, were represented by counsel and the re- spondents and the companies were represented either by counsel or by other agents. The respondents, the Companies, the United, the Brotherhood, and the Board all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner granted without objection the Brotherhood's motion to extend its intervention to include the complaint cases which had been incorporated in the consolidated cases at this part of the hearing. Thereafter stipulations concerning the nature and scope of the business of certain respondents and Com- 4 Due to a typographical error the amendment to the complaint against the respondent Riverside was dated January 6, 1938. MALONEY TRUCKING & STORAGE,, INC., ET AL. - 179 panies were entered into by counsel for the Board and such respond- ent and Company, and were received in evidence without objection. Subsequently, the Trial Examiner received in evidence without ob- jection a settlement stipulation entered into by the respondents, the Companies, the United, the Brotherhood, and counsel,for the Board. Thereafter the Trial Examiner granted without objection the motion made by counsel for the Board to dismiss the complaints against the respondents in so far as they alleged violations of Section 8 (5) of the Act. The Trial Examiner also granted the motion made by coun- sel for the Board without objection to strike the names of certain em- ployees from the complaints against certain of the respondents and to add the names of certain employees to the complaints against cer- tain of the respondents. Thereupon the hearing was closed. On January 26, 1939, the respondents, the Companies, the United, the Brotherhood, and counsel for the Board entered into an amended stipulation in settlement of the case. On January 28, 1939, the re- spondent Crescent, the United, the Brotherhood, and counsel for the Board entered into an amendment to the aforesaid amended stipu- lation, which made certain corrections in the amended stipulation in so far as it related to the respondent Crescent. The amended stipu- lation and the amendment to the amended stipulation are set out below : AMENDED STIPULATION Maloney Trucking and Storage, Inc., herein called the Re- spondent Maloney; Dennis Sheen Transfer, Inc., herein called the Respondent Dennis Sheen; Douglas Transfer, Inc., herein called the Respondent Douglas Transfer; Letellier Transfer, Inc., herein called the Respondent Letellier; Estate of Frank Newfield, Inc., herein called the Respondent Newfield; Rebecca Fabacher, Inc., Doing Business Under Trade Name of Fabacher Motor Express Co., herein called the Respondent Rebecca Fabacher, Inc.; Service Drayage Co., Inc., herein called the Respondent Service; Mrs. Maude Joyner Conway, Administra- trix of the Estate of Albert L. Conway, Doing Business as Acme Transfer, herein called the Respondent Acme; George J. Hefler, herein called the Respondent Hefler; Associated Motor Car- riers of Louisiana, Inc., herein called the Respondent Associa- tion; Crescent Forwarding & Transportation Company, Ltd., herein called the Respondent Crescent; Hamann's Transfer Co., Inc., herein called the Respondent Hamann's; Ernst Bros., here- in called the Respondent Ernst; S. Jackson & Son, Inc., herein called the Respondent Jackson; Riverside Transfer, Inc., herein called the Respondent Riverside; Harvey H. Huth, Doing Busi- ness as St. Charles Transfer Co., herein called the Respondent 180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD St. Charles; J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding, herein called the Respondent Thomas ; A. L. Tucker, herein called the Respondent Tucker ; R. Burke, Doing Business as Vaughan Transfer Co., herein called the Respondent Vaughan; Young's Transfer, Inc., herein called the Respondent Young's; Folse Drayage, Inc., herein called the Respondent Folse; Dupuy Storage and Forwarding Corporation , herein called the Re- spondent Dupuy ; Louis Lind , Doing Business as Lind Transfer, herein called Lind ; Johnsen's General Drayage & Hauling, herein called Johnsen's; United Transport Workers, Local In- dustrial Union 806, affiliated with the Congress of Industrial Organizations, herein called the United; the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local #270, affiliated with the American Federation of Labor, herein called the Brotherhood; and Arthur R. Dono- van, Attorney, National Labor Relations Board, herein called the Board, hereby stipulate and agree that : 1. Each and all of the Respondents and employers and other parties herein withdraws its answer and any amendments thereto, all motions and other papers filed by it in this consoli- dated proceeding. 2. Each of the Respondents Maloney, Dennis Sheen , Douglas Transfer, Letellier, Newfield , Rebecca Fabacher, Inc., Service, Acme, Crescent, Hamann's, Ernst, Riverside, Tucker, Vaughan, Young's, Dupuy, specifically admits the allegations in paragraphs 1 to 9, inclusive, of the Board's herein Complaint (or Amended Complaint, in those cases where Amended Complaints are iii evi- dence in place of Complaints ), as amended. In admitting these allegations of the said Complaint (or Amended Complaint, in those cases where Amended Complaints are in evidence in place of Complaints), as amended, each of the Respondents named in this paragraph intends, and it is so stipulated specifically, only to admit thereby that it is engaged in interstate commerce within the meaning of the National Labor Relations Act, herein called the Act, as interpreted by the United States Supreme Court. 3. Each of the Respondents Hefter, Jackson, St. Charles, Thomas and Folse, specifically admits the allegations in para- graphs 1 to 8, inclusive, of the Board's herein Complaint (or Amended Complaint, in those cases where Amended Complaints are in evidence in place of Complaints ), as amended. In ad- mitting these allegations of the said Complaint (or Amended Complaint, in those cases where Amended Complaints are in evi- dence in place of Complaints), as amended , each of the Respond- ents named in this paragraph intends, and it is so stipulated spe- cifically, only to admit thereby that it is engaged in interstate MALONEY TRUCKING & STORAGE, INC., ET AL. 181 commerce within the meaning of the Act, as interpreted by the United States Supreme Court. 4. • The Respondent Association specifically admits the allega- tions in paragraphs 1 to 12, inclusive, of the Board's herein Amended Complaint, as amended. In admitting these allega- tions of the said Amended Complaint, as amended, the Respond- ent Association intends, and it is so stipulated specifically, only to admit thereby that it is engaged in interstate commerce within the meaning of the Act, as interpreted by the United States Supreme Court. 5. Each of the Respondents Vaughan and Young's specifically admits. the. -allegations in paragraph 18 of the Board's herein Complaint, as amended. 6. Each of the Respondents Jackson, St. Charles, Thomas and Folse, specifically admits the allegations in paragraph 20 of the Board's herein Complaint, as amended. 7. Each of the Respondents Hamann's, Ernst, Riverside, Tucker and Dupuy specifically admits the allegations in para- graph 21 of the Board's herein Complaint, as amended. 8. Each of the Respondents Maloney, Hefter, Association spe- cifically admits the allegations in paragraph 30 of the Board's herein Amended Complaint, as amended. 9. Each of the Respondents Dennis Sheen, Douglas Transfer, Letellier, Newfield, Rebecca Fabacher, Inc., Service, Acme and Crescent specifically admits the allegations in paragraph 31 of the Board's herein Amended Complaint, as amended. 10. In admitting the allegations referred to in paragraphs 5 to 9, inclusive, above, the Respondents named, and each of them, intends, and it is so stipulated specifically, only to admit thereby that they are engaged in interstate commerce within the meaning of the Act. 11. Each of the Respondents Maloney, Dennis Sheen, Douglas Transfer, Letellier, Newfield, Rebecca Fabacher, Inc., Service, Acme, Hefter, Association, Crescent, Hamann's, Ernst, Jackson, Riverside, St. Charles, Thomas, Tucker, Vaughan, Young's, Folse and Dupuy, denies the remaining allegations of the Com- plaint (or Amended Complaint, in those cases where Amended Complaints are in evidence in place of Complaints), as amended, except in so far as such allegations are consistent with the facts hereinafter stipulated, and except in so far as admissions of such allegations are necessary to uphold the Orders herein provided for. 12. The Brotherhood and the United, are, each and both of them, labor organizations within the meaning .of Section 2, sub- division (5) of the Act. 164275-39-vol. xi-13 182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 13. A question of representation exists by virtue of the claims, of each the Brotherhood and the United, to represent a majority of the employees in the appropriate unit. 14. The Respondents listed below are and for several months have been members of the Respondent Association, and in con- nection with such membership have at various times acted through the Respondent Association in the formation of or in connection with the administration of its labor policies, including the consummation of agreements with labor Organizations rela- tive to wages, hours and working conditions : Dennis Sheen Jackson Letellier Rebecca Fabacher, Inc. Newfield Riverside Service St. Charles Acme Thomas -- Hefter Folse Crescent Dupuy Ernst 15. The below-named Respondents and companies have at various times in the past several months utilized the services of the Respondent Association in connection with the formation and administration of the labor policies of each of the below- named Respondents and companies, including the handling of grievances relative to wages, hours and working conditions : Maloney Vaughan Douglas Transfer Young's Hamann's Lind Tucker Johnsen's 16. All employees of the below-named Respondents and com- panies, expressly including all truck drivers, truck helpers and truck loaders and unloaders paid on an hourly basis, except clerical, office and general supervisory employees, constitute a unit appropriate for the purpose of collective bargaining, and such a unit will insure to the said employees the full benefit of their right to self-organization and collective bargaining and will otherwise effectuate the policies of the Act: Maloney Acme Dennis Sheen Hefler Douglas Transfer Association Letellier Crescent Newfield Hamann's Rebecca Fabacher, Inc. Ernst Service Jackson MALONEY TRUCKING & STORAGE, INC., ET AL. 183 Riverside Young's St. Charles Folse Thomas Dupuy Tucker Lind Vaughan Johnsen's 17. Upon the basis of the record herein and upon this Amended Stipulation, the Board shall forthwith issue a Direction of Elec- tion. The election to be directed by the Board shall be conducted not earlier than thirty (30) days from the date of the Board's issuance of the said Direction of Election and not later than forty-five (45) days from the date of issuance of said Direction of Election, and shall be conducted in accordance with and pur- suant to the Act, the Board's Rules and Regulations, and Deci- sions of the Board in Representation cases, and shall be for the purpose of determining whether the eligible employees desire to be represented for purposes of collective bargaining by the Brotherhood, the United or by neither. All employees in the appropriate unit set out in paragraph 16, above, who are em- ployees of the Respondents and companies participating in this stipulation, including the employees ordered reinstated or placed upon preferential lists as a result of this stipulation, and exclud- ing any employees discharged to create vacancies for any em- ployees ordered reinstated by the Board pursuant to this Amended Stipulation, shall be eligible to vote in the said election; provided that no employee shall be eligible to vote in the said election whose name did not appear on the pay roll of one or more of the Respondents and companies who are parties hereto, during any week in the period from and including May 21, 1938 to June 21, 1938. Employees who shall have been discharged for cause, and employees who shall have voluntarily resigned prior to the date of said election shall not be eligible to vote therein. 18. The cases of Boulet Transportation Co., Inc., XV-C-346 and XV-R-264, and of Dietrich & Wiltz, Inc., XV-C-342 and XV-R-252, shall be and they are hereby severed from the other cases in this consolidated proceeding. 19. It is further stipulated that this Amended Stipulation shall be substituted for and take the place of Board's Exhibit 210, A to V, inclusive, in the record herein, and that such substitu- tion shall be made by the filing of this amended stipulation with the Chief Trial Examiner of the Board in Washington, D. C. 20. Wherever the facts, spelling of names, titles, or other ma- terial and documents in the record of this consolidated proceeding shall appear inconsistent with the names, titles or other material set out and made part of this stipulation, the spelling of names, 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD titles and other material in this stipulation shall be considered correct. 21. This Amended Stipulation shall in all respects be subject to the approval of the Board and, if not approved by the Board, shall be of no effect and shall not be used as evidence against the parties hereto. 22. Upon the basis of the record herein, and upon this Amended Stipulation, the Orders attached hereto and made parts hereof as Appendices A through V,8 may forthwith be entered by the Board and by the United States Circuit Court of Appeals for the Fifth Circuit without further notice to and without objection by any of the parties hereto, upon application therefor by the Board. AMENDMENT TO AMENDED STIPULATION Crescent Forwarding & Transportation Company, Ltd., herein called the Respondent Crescent, United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, herein called the United, the International Broth- erhood of Teamsters, Chauffeurs, Stablemen and Helpers, Local #270, affiliated with the American Federation of Labor, herein called the Brotherhood, and Arthur R. Donovan, Attorney, Na- tional Labor Relations Board, herein called the Board, hereby stipulate and agree that the Amended Stipulation entered into in the above consolidated matters on January 26, 1939 be and it is hereby amended so as to provide 1. That there be struck and dismissed from paragraph 26 of the Amended Complaint in Case No. XV-C-294 the following names : Dave Hill John Allen Nathan Woods Albert Peterson Terry Gilbert Benjamin Cosby Van Martin Willie Harris. 2. That there be added to paragraph 2 (a) of the Order attached to and made a part of the Amended Stipulation of January 26, 1939, as Board's Exhibit 210-K, the following names : Herman Jefferson C. J. Watson 3. It is further stipulated that this Amendment to Amended Stipulation shall be made a part of the record in the above consolidated matters as Board's Exhibit No. 211 by filing thereof with the Chief Trial Examiner of the Board in Washington, D. C. 8 Since Appendices A through V are identical with the Board's orders infra, they are omitted here. MALONEY TRUCKING & STORAGE, INC., ET AL. 185 On January 31, and February 2, 1939, respectively, the Board is- sued its order, and its amended orders approving the above-amended stipulation and the amendment to the amended stipulation; making them part of the record in the case and transferring the proceeding to the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. BUSINESS OF THE RESPONDENTS " AND THE COMPANIES The respondent, Maloney Trucking and Storage, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise be- tween various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respond- ent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation com- panies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in, and is transported from foreign countries. The respondent receives a sub- stantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respond- ent operates about 65 trucks and employs 100 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Dennis Sheen Transfer, Inc., a Louisiana corpo- ration, with its principal office and place of business at New Orleans, This order as amended also severed from the cases involved in this decision the following cases : Cases Nos. XV-C-842 and XV-R-252, involving Dietrich & Wiltz, Inc., Cases Nos. RV-C-346 and XV-R-264, Involving Boulet Transportation Co., Inc., Cases Nos. R-1213 and C-1164, involving Rebecca Fabacher, Inc., Doing Business Under Trade Name of Fabacher Drayage Company, Case No. R-1227, Involving Douglas Guardian Ware- house Corp., and Case No. R-1228, Involving Douglas Public Service Corporation. The order, as amended, also dismissed the complaint and the petition involving Rebecca Fabacher, Inc., Doing Business Under Trade Name of Fabacher Drayage Company, and the petitions involving Douglas Guardian Warehouse Corp. and Douglas Public Service Corporation. io Throughout this section, those paragraphs appearing after each named respondent or Company refer solely to that respondent or Company. 186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise between vari- ous termini within and without the City of New Orleans. The afore- said freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business con- cerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled origi- nated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for and was and is transported to States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The re- spondent operates about 45 trucks and employs 70 drivers and help- ers, some of whom are classified as loaders and unloaders. The respondent, Douglas Transfer, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise between vari- ous termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by busi- ness concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 60 trucks and 95 drivers and helpers, some of whom are classified as loaders and unloaders. MALONEY TRUCKING & STORAGE, INC., ET AL. 187 The respondent, Letellier Transfer, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is de- livered by it to various loading places used by business concerns, including marine and inland transportation companies. More than .50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 24 trucks and 38 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Estate of Frank Newfield, Inc., a Louisiana cor- poration, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The afore- said freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business con- cerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled origi- nated and is originating outside the State of Louisiana, and has been and. is being transported to States of the United States other than Louisiana and foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 17 motor trucks and 20 drivers and helpers, some of whom are also classified as loaders and unloaders. The respondent, Rebecca Fabacher, Inc., doing business under trade name of Fabacher Motor Express Co., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originat- ing outside the State of Louisiana, and has been and is being trans- ported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 32 trucks and 64 drivers and helpers, some of whom are also classified as loaders and unloaders. The respondent, Service Drayage Co., Inc., a Louisiana corpora- tion, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is deliv- ered by it to various loading places used by business concerns, in- cluding marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been arid is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is des- tined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 36 trucks and 50 drivers and helpers, some of whom are classified as loaders and unloaders. MALONEY TRUCKING & STORAGE, INC., ET AL. 189 The respondent, Mrs. Maude Joyner Conway, Administratrix of the estate of Albert L. Conway, doing business as Acme Transfer, with its principal office and place of business at New Orleans, Loui- siana, is engaged in the business of receiving, hauling, storing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 15 trucks and 40 drivers and unloaders some of whom are classified as loaders and helpers. The respondent, George J. Hefier, a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originat- ing outside the State of Louisiana, and has been and is being trans- ported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Loui- siana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. 190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The respondent receives a substantial amount of the material, equipment and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 15 trucks and 20 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Associated Motor Carriers of Louisiana, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of advising, assisting, acting as agent and attorney for and in general acting in the interest of employers, individuals and companies who are engaged in the business of receiving, hauling, storing, warehousing, and de- livering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the members of the respondent from and is delivered by them to various loading places used by business con- cerns, including marine and inland transportation companies. Among the members of the respondent Associated are the fol- lowing : Dennis Sheen Transfer, Inc. Letellier Transfer, Inc. Estate of Frank Newfield, Inc. Rebecca Fabacher, Inc., doing business under trade name of Fabacher Motor Express Co. Service Drayage Co., Inc. Mrs. Maude Joyner Conway, Administratrix of the estate of Albert L. Conway, doing business as Acme Transfer George J. Hefter Crescent Forwarding & Transportation Company, Ltd. Ernst Bros. S. Jackson & Son, Inc. Riverside Transfer, Inc. Harvey H. Huth, doing business as St. Charles Transfer Co. J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding Folse Drayage, Inc. Dupuy Storage and Forwarding Corporation Other of the respondents and Companies who have utilized the services of the respondent Associated are : Maloney Trucking and Storage, Inc. Douglas Transfer, Inc. Hamann's Transfer Co., Inc. A. L. Tucker R. Burke, doing business as Vaughan Transfer Co. Young's Transfer, Inc. Louis Lind, doing business as Lind Transfer Johnsen's General Drayage & Hauling MALONEY TRUCKING & STORAGE, INC., ET AL. 191 The respondent, Crescent Forwarding Transportation Co., Ltd., a corporation organized and existing under the laws of Louisiana, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 80 motor trucks and employs 120 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Hamann's Transfer Co., Inc., a Louisiana corpo- ration, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business concerns, in- cluding marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for and was and is transported to States of the United States other than Louisiana and to foreign countries. The respondent, in the course and conduct of its business, as de- scribed above, operates under a license, No. 4892, from the U. S. Inter- state Commerce Commission; the Interstate Commerce Commission was informed by the respondent under oath that it was engaged in interstate commerce. 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 5 motor trucks and employs 15 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Ernst Bros., a partnership, organized and existing under the laws of the State of Louisiana, with its principal office and place of business at New Orleans , Louisiana, is engaged in the busi- ness of receiving, loading, hauling, unloading, storing, warehousing, and delivering. freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is deliv- ered by it to various loading places used by business concerns, in- cluding marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana , and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 6 motor trucks and employs 15 drivers and helpers , some of whom are classi- fied as loaders and unloaders. The respondent, S. Jackson & Son, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisi- ana, is engaged in the business of receiving , hauling, storing, ware- housing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled by the respond- ent originated and is originating outside the State of Louisiana, and MALONEY TRUCKING & STORAGE, INC., ET AL. 193 has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 5 motor trucks and employs 15 drivers and helpers, some of whom are classi- fied as loaders and unloaders. The respondent, Riverside Transfer, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisi- ana, is engaged in the business of receiving, hauling, storing, ware- housing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled by the respond- ent originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates approximately 5 motor trucks and trailers and employs 10 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Harvey H. Huth, doing business as St. Charles Transfer Co., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the busi- ness of receiving, hauling, storing, warehousing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by it to various 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD loading places used by business concerns , including marine and in- land transportation companies. More than 50 per cent of the freight and merchandise so handled by the respondent originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates approximately 5 trucks and employs 10 drivers and helpers , some of whom are classi- fied as loaders and unloaders. The respondent, J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding, with his principal office and place of busi- ness at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by him to various loading places used by business concerns, including marine and in- land transportation companies . More than 50 per cent of the freight and merchandise so handled by the respondent originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for and was and is transported to States of the United States other than Louisi- ana and to foreign countries. The respondent supplies to or causes his drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in his operations from points outside the State of Louisiana. The respondent operates approximately 5 trucks and employs 10 drivers and helpers, some of whom are classi- fied as loaders and unloaders. The respondent, A. L. Tucker, an individual, with his principal office and place of business at New Orleans, Louisiana , is engaged in MALONEY TRUCKING & STORAGE, INC., ET AL. 195 the business of receiving, hauling, storing, warehousing, and deliv- ering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and mer- chandise is picked up by the respondent from and is delivered by him to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled by the respondent origi- nated and is originating outside the State of Louisiana. and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent, in the course and conduct of his business above de- scribed, operates under a license and/or certificate, No. 148-918. The respondent supplies to or causes his drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in his operations from points outside the State of Louisiana. The respondent operates approximately 3 trucks and 6 trailers, and employs 6 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Folse Drayage, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is deliv- ered by it to various loading places used by business concerns, includ- ing marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled by the respondent originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the State of Louisiana. The respondent operates approximately 5 trucks and employs 20 drivers and helpers, some of whom are classi- fied as loaders and unloaders. The respondent, Young's Transfer, Inc., a Louisiana corporation, with its principal office and place of business at New Orleans, Louisi- ana, is engaged in the business of receiving, hauling, storing, ware- housing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The afore- said freight and merchandise is picked up by the respondent from and is delivered by it to various loading places used by business con- cerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled by the re- spondent originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equipment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates approximately 3 trucks and trailers and employs 10 drivers and helpers, some of whom are classified as loaders and unloaders. The respondent, Dupuy Storage and Forwarding Corporation, a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchan- dise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by re- spondent from and is delivered by it to various loading places used by business concerns, including marine and inland transportation com- panies. More than 50 per cent of the freight and merchandise so handled originated and is originating outside the State of Louisiana, and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and foreign countries. The respondent supplies to or causes its drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City MALONEY TRUCKING & STORAGE, INC., ET AL. 197 of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equip- ment, and supplies used in its operations from points outside the State of Louisiana. The respondent operates about 12 trucks and trailers and 10 drivers and helpers, some of whom are classified as loaders and unloaders. Johnsen's General Drayage & Hauling, a Louisiana corporation, with its principal office and place of business at New Orleans, Louisiana, is engaged in the business of operating a public motor vehicle trucking service carrying freight and cargo for hire. In the course and conduct of its business the Company picks up freight and cargo from any railroad station designated by customers; also the Company unloads freight and cargo, which originated outside of the State of Louisiana, at all railroad and shipping terminal points in the City of New Orleans. More than 50 per cent of the freight and cargo transported by the Company originates outside of the State of Louisiana. Two of the Company's drivers have licenses supplied to them by the United States Customs House to entitle them to transport merchandise from the Customs House, such merchandise originating from points outside of the United States. The Company operates 26 trucks and employs 38 persons. Louis Lind, doing business as Lind Transfer, with his principal office and place of business at New Orleans, Louisiana, is engaged in the business of operating a public motor vehicle trucking service carrying freight and cargo for hire. The aforesaid freight and cargo is picked up by him from railroad stations or docks designated by customers. The cargo loaded by him at various docks in the City of New Orleans constitutes at least 50 per cent of his total business and all of this cargo originates from outside the State of Louisiana. He also unloads from railroad terminals full freight cars of goods which originate outside the State of Louisiana. He operates six trucks and trailers and employs six truck drivers. The respondent, R. Burke, doing business as Vaughan Transfer Co., with his principal office and place of business at New Orleans, Louisiana, is engaged in the business of receiving, hauling, storing, warehousing, and delivering freight and merchandise between various termini within and without the City of New Orleans. The aforesaid freight and merchandise is picked up by the respondent from and is delivered by him to various loading places used by business concerns, including marine and inland transportation companies. More than 50 per cent of the freight and merchandise so handled by the re- spondent originates and is originating outside the State of Louisiana, 164275-39-vol xi 14 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and has been and is being transported from and through States of the United States other than Louisiana and foreign countries, and was and is destined for, and was and is transported to, States of the United States other than Louisiana and to foreign countries. The respondent supplies to or causes his drivers to obtain licenses and identification cards used in picking up and carrying away freight and merchandise from the United States Customs House, in the City of New Orleans, which freight and merchandise originates in and is transported from foreign countries. The respondent receives a substantial amount of the material, equip- ment, and supplies used in his operations from points outside the State of Louisiana. The respondent operates approximately 3 motor trucks and trailers and employs 4 drivers and helpers, some of whom are 'classified as loaders and unloaders. We find that the respondents and the Companies are engaged in com- merce within the meaning of Section 2 (6) and (7) of the Act. II. THE ORGANIZATIONS INVOLVED United Transport Workers, Local Industrial Union 806, affiliated with- the Congress of Industrial Organizations, and International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local 270, affiliated with the American Federation of Labor, are both labor organizations admitting to membership the employees of the respondents and the Companies involved in this proceeding. III. THE QUESTION CONCERNING REPRESENTATION In accordance with the terms of the stipulation, as amended, we find that, by virtue of the claims of each, the Brotherhood and the United, to represent a majority of the employees in the appropriate unit, a question has arisen concerning representation of the employees of the respondents and the Companies. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the respondents and the Companies described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT We find that all employees of the respondents and the Companies, expressly including all truck drivers, truck helpers, truck loaders and unloaders paid on an hourly basis, except clerical, office, and general MALONEY TRUCKING & STORAGE, INC., ET AL. 199 supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to the said employees the full benefit of their right to self-organization and col- lective bargaining and will otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the respondents and the Companies can best be resolved by the holding of an election by secret ballot. In ac- cordance with the terms of the stipulation, as amended, we find that the employees eligible to vote in the election shall be those employees of the respondents and the Companies within the appropriate unit whose names appeared on the pay roll of one or more of the re- spondents and the companies during any week in the period from and including May 21, 1938, to June 21, 1938, including the employees ordered reinstated or placed upon preferential lists as the result of the Board's Order, infra, and excluding any employees discharged to create vacancies for any employees ordered reinstated in ac- cordance with the Board's Order, infra, and excluding those em- ployees who shall have been discharged for cause and those employees who shall have voluntarily resigned prior to the date of the said election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. United Transport Workers, Local Industrial Union 806, affili- ated with the Congress of Industrial Organizations, and Interna- tional Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local 270, affiliated with the American Federa- tion of Labor, are labor organizations within the meaning of Section 2 (5) of the Act. 2. A question affecting commerce has arisen concerning the repre- sentation of employees of Maloney Trucking and Storage, Inc., Den- nis Sheen Transfer, Inc., Douglas Transfer, Inc., Letellier Transfer, Inc., Estate of Frank Newfield, Inc., Rebecca Fabacher, Inc., Doing Business Under Trade Name of Fabacher Motor Express Co., Service Drayage Co., Inc., Mrs. Maude Joyner Conway, Administratrix of the Estate of Albert L. Conway, Doing Business as Acme Transfer, George J. Hefter, Crescent Forwarding & Transportation Company, Ltd., Hamann's Transfer Co., Inc., Ernst Bros., S. Jackson & Son, Inc., Riverside Transfer, Inc., Harvey H. Huth, Doing Business as St. Charles Transfer Co., J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding, A. L. Tucker, R. Burke, Doing Business as 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Vaughan Transfer Co., Young's Transfer, Inc., Folse Drayage, Inc., Associated Motor Carriers of Louisiana, Inc., Dupuy Storage and Forwarding Corporation, Louis Lind, Doing Business as Lind Trans- fer, Johnsen's General Drayage & Hauling, all of New Orleans, Louisiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 3. We find that all employees of the respondents and companies, expressly including all truck drivers, truck helpers, truck loaders and unloaders paid on an hourly basis, except clerical, office, and general supervisory employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. ORDER Upon the basis of the above findings of fact, stipulation, as amended, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Re- lations Board hereby orders that : The respondent, Maloney, Trucking and Storage, Inc., its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their em- ployment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- MALONEY TRUCKING & STORAGE, INC., ET AL. 201 ican Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mu- tual aid and protection, as guaranteed in Section 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 National Labor Relations Act : - (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Maloney Trucking and Storage, Inc., will cease and desist from : I. Discouraging membership in the United Transport Work- ers Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; H. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organiza- tions, to bargain. collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mu- tual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Dennis Sheen Transfer, Inc., its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from hereafter making an agreement with the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained or assisted by any action defined in the Na- tional Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor or- ganization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- MALONEY TRUCKING & STORAGE, INC., ET AL. 203 ican Federation of Labor, is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act: (a) Offer to the employees listed below immediate and full re- instatement to their former or substantially equivalent positions, without prejudice to their seniority and other rights and privileges in the following manner : All employees hired after June 22nd, 1938, shall, if necessary to provide employment for those to be offered re- instatement, be dismissed. If, even after this is done there is not, by reason of a reduction in the force of employees needed, sufficient employment immediately available for the remaining employees, in- cluding those to be offered reinstatement, all available positions shall be distributed among such remaining employees in accordance with the respondent's usual method of reducing its force, without dis- crimination against any employee because of his union affiliation or activities, following a system of seniority to such extent as has here- tofore been applied in the conduct of the respondent's business. Those employees remaining after such distribution, for whom no employment is immediately available, shall be placed upon a prefer- ential list, prepared in accordance with the principle set forth in the previous sentence, and shall, thereafter, in accordance with such list, be offered employment in their former or in substantially equiva- lent positions as such employment becomes available and before other parties are hired for such work : Samuel Hampton Joseph Thornton Joseph Johnston Clifford Diggs (b) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Dennis Sheen Transfer, Inc., will cease and desist from : 1. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor or- 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ganization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauf- feurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organi- zation of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of em- ployment or any term or condition of their employment; H. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Lo- cal 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive repre- sentative of its employees unless and until the Interna- tional Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Feder- ation of Labor is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of their right to self- organization, to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (c) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Douglas Transfer, Inc., its officers, agents, suc- cessors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Indus- trial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organi- zation of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; MALONEY TRUCKING & STORAGE, INC., ET AL. 205 (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, how- ever, that nothing in this Order shall preclude the respondent from hereafter making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organi- zation (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- can Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- can Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Douglas Transfer, Inc., will cease and desist from : I. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or co- ercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organiza- tions, to bargain collectively through representatives of their choosing, and to engage in concerted activity for the purposes of collective bargaining or other mu- tual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Letellier Transfer, Inc., its officers, agents, suc- cessors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or en- couraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, af- filiated with the American Federation of Labor, provided, however, MALONEY TRUCKING & STORAGE, INC., ET AL. 207 that nothing in this Order shall preclude the respondent from here- after making an, agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- can Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- can Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Letellier Transfer, Inc., will cease and desist from : 1. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federa- tion of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organ- izations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act. (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Estate of Frank Newfield, Inc., its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their em- ployment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization MALONEY TRUCKING & STORAGE, INC., ET AL. 209 (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Estate of Frank Newfield, Inc., will cease and desist from : 1. Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, -Local 270, affiliated with the American Fed- eration of Labor; 210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or co- ercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted ac- tivity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Rebecca Fabacher, Inc., doing business under trade name of Fabacher Motor Express Co., its officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, MALONEY TRUCKING & STORAGE, INC., ET AL. 211 as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Offer to the employees listed below immediate and full rein- statement to their former or substantially equivalent positions, with- out prejudice to their seniority and other rights and privileges in the following manner : All employees hired after June 22nd, 1938, shall, if necessary to provide employment for those to be offered reinstate- ment, be dismissed. If, even after this is done there is not, by reason of a reduction in the force of employees needed, sufficient employ- ment immediately available for the remaining employees, including those to be offered reinstatement, all available positions shall be dis- tributed among such remaining employees in accordance with the re- spondent's usual method of reducing its force, without discrimination against any employee because of his union affiliation or activities, following a system of seniority to such extent as has heretofore been applied in the conduct of the respondent's business. Those employees remaining after such distribution, for whom no employment is imme- diately available, shall be placed upon, a preferential list, prepared in accordance with the principle set forth in the previous sentence, and shall, thereafter, in accordance with such list, be offered employ- ment in their former or in substantially equivalent positions as such employment becomes available and before other parties are hired for such work : Fred Marquar J. D. Williams Albert Augustine 212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (b) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Rebecca Fabacher , Inc., doing business under the trade name of Fabacher Motor Co., will cease and desist from : I. Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations , or any other labor organi- zation of its employees , or encouraging membership in the International Brotherhood of Teamsters , Chauffeurs, Stablemen & Helpers , Local 270, affiliated with the American Federation of Labor, or any other labor organ- ization of its employees , by discharging or refusing to reinstate any of its employees , or in any other manner discriminating in regard to their hire and tenure of em- ployment or any term or condition of their employment; II. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor ; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters , Chauffeurs, Sta- blemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or co- ercing its employees in the exercise of their right to self- organization , to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (c) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order ' by the National Labor Relations Board that it has complied therewith. MALONEY TRUCKING & STORAGE, INC., ET AL. 213 The respondent, Service Drayage Co., Inc., its officers, agents, suc- cessors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requir- ing, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act: (a) Offer to the employees listed below immediate and full rein- statement to their former or substantially equivalent positions, without 161275-39-vol xr-15 214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD prejudice to their seniority and other rights and privileges in the following manner : All employees hired after June 22nd, 1938, shall, if necessary to provide employment for those to be offered reinstate- ment, be dismissed. If, even after this is done there is not, by reason of a reduction in the force of employees needed, sufficient employment immediately available for the remaining employees, including those to be offered reinstatement, all available positions shall be distributed among such remaining employees in accordance with the respondent's usual method of reducing its force, without discrimination against any employee because of his union affiliation or activities, following a system of seniority to such extent as has heretofore been applied in the conduct of the respondent's business. Those employees remaining after such distribution, for whom no employment is immediately avail- able, shall be placed upon a preferential list, prepared in accordance with the principle set forth in the previous sentence, and shall, there- after, in accordance with such list, be offered employment in their former or in substantially equivalent positions as such employment becomes available and before other parties are hired for such work : Ernest Gleason Willie Tillman George Matthews Erby Williams Emanuel Nevellie Eskiel Williams B. J. Dutsy Albert Lee Jimmie James James Cherry Milton McKeever E. Collens James Burke James Pugh Louis R. Cabes John Tillman Edward Thompson Morris Joice Joseph Turner Austen Grey Alvin Battiste Harry Harbor Joseph Thomas Sampson Fountain William Richardson Julius Williams Henry Goodman Tom Tolliver Herman Alexander A. Winfield August Schwankhart (b) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Service Drayage Co., Inc., will cease and desist from : I. Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations or any other labor organization of its employees, or encouraging member- MALONEY TRUCKING & STORAGE, INC., ET AL. 215 ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their em- ployment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federa- tion of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated', with the American Federation of Labor, as the exclusive, representative of its employees unless and until thee International Brotherhood of Teamsters, Chauffeurs,. Stablemen & Helpers, Local 270, affiliated with the, American Federation of Labor is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organ- izations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (d) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Mrs. Maude Joyner Conway, Administratrix of the Estate of Albert L. Conway, Doing Business as Acme Transfer, its. officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion of its employees by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD their hire and tenure of employment or any term or condition of their employment ; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) re- quiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action, which the National Labors Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Offer to the employees listed below immediate and full rein- statement to their former or substantially equivalent positions, with- out prejudice to their seniority and other rights and privileges in the following manner : All employees hired after June 22nd, 1938, -shall, if necessary to provide employment for those to be offered re- instatement, be dismissed. If, even after this is done there is not, by reason of a reduction in the force of employees needed, sufficient employment immediately available for the remaining employees, in- cluding those to be offered reinstatement, all available positions shall be distributed among such remaining employees in accordance with the respondent's usual method of reducing its force, without discrimina- tion against any employee because of his union-affiliation or activities, following a system of seniority to such extent as has heretofore been .applied in the conduct of the respondent's business. Those employees MALONEY TRUCKING & STORAGE, INC., ET AL. 217 1 emaining after such distribution, for whom no employment is im- mediately available, shall be placed upon a preferential list, pre- pared in accordance with the principle set forth in the previous sentence, and shall, thereafter, in accordance with such list, be offered, employment in their former or in substantially equivalent positions as such employment becomes available and before other parties ara hired for such work : Edward Royal James Benton Frank Graham Henry Wagner (b) Immediately post in conspicuous places at its principal place- of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Mrs. Maude Joyner Conway, Administratrix of the Estate of Albert L. Conway, Doing Business as Acme Transfer, will cease and desist from : 1. Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to, their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organi- 218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD zations, to bargain collectively through representatives of their own choosing, and to engage in concerted ac- tivity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (d) Notify the Regional Director of the National Labor Rela- tions Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Rela- tions Board that it has complied therewith. The respondent, George J. Hefter, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Indus- trial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organi- zation of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organi- zation (not established, maintained, or assisted by any action de- fined in the National Labor Relations Act as an unfair labor prac- tice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act ; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations , to bargain collectively MALONEY TRUCKING & STORAGE, INC., ET AL. 219 through representatives of their own choosing, and to engage in ;concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Offer to the employees listed below immediate and full rein- statement to their former or substantially equivalent positions, with- out prejudice to their seniority and other rights and privileges in the following manner : All employees hired after June 22nd, 1938, shall, if necessary to provide employment for those to be offered reinstatement, be dismissed. If, even after this is done there is not, by reason of a reduction in the force of employees needed, sufficient employment immediately available for the remaining employees, including those to be offered reinstatement, all available positions shall be distributed among such remaining employees in accordance with the respondent's usual method of reducing its force, without discrimination against any employee because of his union affiliation or activities, following a system of seniority to such extent as has heretofore been applied in the conduct of the respondent's business. Those employees remaining after such distribution, for whom no employment is immediately available, shall be placed upon a prefer- ential list, prepared in accordance with the principle set forth in the previous sentence, and shall, thereafter, in accordance with such list, be offered employment in their former or in substantially equivalent positions as such employment becomes available and before other parties are hired for such work : James Williams Joe Carter Edward Casper (b) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE George J. Hefter, will cease and desist from : I. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other Labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; II. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the In- ternational Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organiza- tions, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (d) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Associated Motor Carriers of Louisiana, Inc., its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Indus- trial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, MALONEY TRUCKING & STORAGE, INC., ET AL. 221 affiliated with the American Federation of Labor, provided, how- ever, that nothing in this Order shall preclude the respondent from hereafter making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or co- ercing its employees in the exercise of their right to self-organiza- tion, to form, join, or assist labor organizations, to bargain collec- tively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Associated Motor Carriers of Louisiana, Inc., will cease and desist from : I. Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauf- feurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor or- ganizations, to bargain collectively through represen- tatives of their own choosing, and to engage in concerted activity for the purposes of collective bar- gaining or other mutual aid and protection, as guar- anteed in Section 7 of the National Labor Relations, Act. (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Crescent Forwarding & Transportation Company, Ltd., its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their em- ployment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- MALONEY TRUCKING & STORAGE, INC., ET AL. 223 after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purpose of collective bargaining or other mu- tual aid and protection, as guaranteed in Section 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 National Labor Relations Act; (a) Offer to the employees listed below immediate and full rein- statement to their former or substantially equivalent positions, with- out prejudice to their seniority and other rights and privileges in the following manner : All employees hired after June 22nd, 1938, shall, if necessary to provide employment for those to be offered reinstate- ment, be dismissed. If, even after this is done there is not; by reason of a reduction in the force of employees needed, sufficient employment immediately available for the remaining employees, including those to be offered reinstatement, all available positions shall be distributed among such remaining employees in accordance with the respondent's usual method of reducing its force, without discrimination against any employee because of his union affiliation or activities, following a system of seniority to such extent as has heretofore been applied in the conduct of the respondent's business. Those employees remaining after such distribution, for whom no employment is immediately available, shall be placed upon a preferential list, prepared in ac- cordance with the principle set forth in the previous sentence, and shall, thereafter, in accordance with such list, be offered employment in their former or in substantially equivalent positions as such em- 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployment becomes available and before other parties are hired for such work: Junius Adams Herman Jefferson Victor Forchia C. J. Watson (b) Make whole the employees listed below by payment to them of the sums set opposite their names which constitute wages lost in consequence of lay-offs by the respondent of said employees : Herman Jefferson---------------------------------------- $50.00 C.J.Watson --------------------------------------------- $50.00 (c) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Crescent Forwarding & Transportation Company, Ltd., will cease and desist from : I. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor ; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauf- feurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor MALONEY TRUCKING & STORAGE, INC., ET AL. 225, organizations to bargain collectively through repre- sentatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (d) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Hamann's Transfer Co., Inc., its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers,, Local Industrial Union 806, affiliated with the Congress of Industrial) Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of, its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270,, affiliated with the American Federation of Labor, provided, however,, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as pro- vided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters,. Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such,by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing- its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Hamann's Transfer Co., Inc., will cease and desist from : I. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affili- ated with the American Federation of Labor, or any other labor organization of its employees, by discharg- ing or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor ; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 227 (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Ernst Bros., its officers, agents, successors and as- signs shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor, organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 2'70, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, af- filiated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- can Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, ,Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- can Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Ernst Bros. will cease and desist from : I. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to, self-organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted ac- tivity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 229 (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, S. Jackson & Son, Inc., its officers, agents, succes- sors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Indus- trial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, how- ever, that nothing in this Order shall preclude the respondent from hereafter making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organi- zation (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor prac- tice) requiring, as a condition of employment membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 164275-39-vol x1--16 230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE S. Jackson & Son, Inc., will cease and desist from : I. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauf- feurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor or- ganization of its employees by discharging or refusing to reinstate any of its employees, or in any other man- ner discriminating in regard to their hire and tenure of employment or any term or condition of their employ- ment ; II. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the In- ternational Brotherhood of Teamsters, Chauffeurs, Sta- blemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of their right to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 231 (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Riverside Transfer, Inc., its officers, agents, suc- cessors and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Indus- trial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organi- zation of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 27 0, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor or- ganization is the representative of the employees as provided in Sec- tion 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Riverside Transfer, Inc., will cease and desist from : 1. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the In- ternational Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organiza- tions, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 233 (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Harvey H. Huth, doing business as St. Charles Transfer Co., its officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or ' any other labor ' organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in'this Order shall preclude the respondent from hereafter making an agreement with the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained, or assisted by any action defined in the Na- tional Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor or- ganization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor- Relations Board finds will effectuate the policies of the National Labor- Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Harvey H. Huth, doing business as St. Charles Transfer Co.,. will cease and desist from : 1. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other la- bor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, af- filated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen 8u Helpers, Local 270, affiliated with the American Fed- eration of Labor; III. Recognizing the International Brotherhood of Teamsters,. Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauf- feurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organ- izations, to bargain collectively through representatives of their own choosing, and to engage in concerted ac- tivity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 235 (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding, its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, af- filiated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) re- quiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to. form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE J. A. Thomas, Prop., Thomas Trucking and Freight Forward- ing, will cease and desist from : I. Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining or co- ercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Sec- tion 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 237 (b) Notify the Regional Director of the National Labor Rela- tions Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Rela- tions Board that it has complied therewith. The respondent, A. L. Tucker, its officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organiza- tion (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE A. L. Tucker will cease and desist from : I. Discouraging membership in the United Transport Work- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted ac- tivity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 239 (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, R. Burke, doing business as Vaughan Transfer Co., its officers, agents, successors, and assigns shall : 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- -can Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated' with the American Federation of Labor is certified as such by the National Labor Relations Board ; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE R. Burke, doing business as Vaughan Transfer Co., will cease and desist from : I. Discouraging membership in the United Transport Workers,. Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organiza- tion of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Ameri- can Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminat- ing in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor ; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive repre- sentative of its employees unless and until the Interna- tional Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federa- tion of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coerc- ing its employees in the exercise of their right to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the pur- poses of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC ., ET AL. 241 (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Young's Transfer, Inc., its officers, agents, successors and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806 , affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees , by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; (b) Giving effect to its contract with the International Brother- hood of Teamsters , Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided , however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained , or assisted by any action defined in the National Labor Relations Act as an unfair labor practice ) requiring, as a condition of employment, membership therein , if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or co- ercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing , and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection , as guaranteed in Section 7 of the Na- tional Labor Relations Act. 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Young's Transfer, Inc., will cease and desist from : I. Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by dis- charging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; II. Giving effect to its contract with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Fed- eration of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclu- sive representative of its employees unless and until the International Brotherhood of Teamsters, Chauf- feurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organi- zations, to bargain collectively through representatives of their own choosing, and to engage in concerted activ- ity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. MALONEY TRUCKING & STORAGE, INC., ET AL. 243 (b) Notify the Regional Director of the National Labor Rela- tions Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. The respondent, Folse Drayage, Inc., its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its em- ployees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in con- certed activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. Take the following affirmative action, which the National Labor Relations Board finds will effectuate the policies of the National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said copies for a period of at least 60 consecutive days from the day of posting : NOTICE Folse Drayage, Inc. will cease and desist from : 1. Discouraging membership in the United Transport `York- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employ- ment ; II. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the In- ternational Brotherhood of Teamsters, Chauffeurs, Stable- men & Helpers, Local 270, affiliated with the American Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or co- ercing its employees in the exercise of their right to self- organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (b) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. MALONEY TRUCKING & STORAGE, INC., ET AL. 245 The respondent, Dupuy Storage and Forwarding Corporation, its officers, agents, successors, and assigns shall: 1. Cease and desist from : (a) Discouraging membership in the United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or any other labor organization of its employees, or encouraging membership in the International Brotherhood of Team- sters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment; (b) Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, provided, however, that nothing in this Order shall preclude the respondent from here- after making an agreement with the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization (not established, maintained, or assisted by any action defined in the National Labor Relations Act as an unfair labor practice) requiring, as a condition of employment, membership therein, if such labor organ- ization is the representative of the employees as provided in Section 9 (a) of the National Labor Relations Act; (c) Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, as the exclusive representative of its em- ployees unless and until the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, is certified as such by the National Labor Relations Board; (d) In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 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 National Labor Relations Act : (a) Immediately post in conspicuous places at its principal place of business copies of the following notice, keeping posted the said 164275-39-vol. xi-17 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD copies for a period of at least 60 consecutive days from the day of posting : NOTICE Dupuy Storage and Forwarding Corporation will cease and desist from : 1. Discouraging membership in the United Transport `York- ers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or any other labor organization of its employees, or encouraging member- ship in the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, or any other labor organization of its employees, by discharging or refusing to reinstate any of its employees, or in any other manner discriminating in regard to their hire and tenure of employment or any term or condition of their employment ; II. Giving effect to its contract with the International Brother- hood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor; III. Recognizing the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the American Federation of Labor, as the exclusive representative of its employees unless and until the In- ternational Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers, Local 270, affiliated with the Amer- ican Federation of Labor, is certified as such by the National Labor Relations Board; IV. In any other manner interfering with, restraining, or coercing its employees in the exercise of their right to self-organization, to form, join, or assist labor organiza- tions, to bargain collectively through representatives of their own choosing, and to engage in concerted activity for the purposes of collective bargaining or other mutual aid and protection, as guaranteed in Section 7 of the National Labor Relations Act. (h) Notify the Regional Director of the National Labor Relations Board for the Fifteenth Region in writing within five days from the date of the entry of this Order by the National Labor Relations Board that it has complied therewith. MALONEY TRUCKING & STORAGE, INC., ET AL. 247 AND IT IS FURTHER ORDERED that the complaint, as amended, against Crescent Forwarding & Transportation Company, Ltd., be, and it hereby is, dismissed as to the allegations relating to Dave Hill, Nathan Woods, Terry Gilbert, Van Martin, John Allen, Albert Peterson, Benjamin Cosby, and Willie Harris. 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 8, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Maloney Trucking and Storage, Inc., Dennis Sheen Transfer, Inc,, Douglas Transfer, Inc., Letellier Transfer, Inc., Estate of Frank Newfield, Inc., Rebecca Fabacher, Inc., Doing Business Under Trade Name of Fabacher Motor Express Co., Service Drayage Co., Inc., Mrs. Maude Joyner Conway, Administratrix, of the Estate of Albert L. Conway, Doing Business as Acme Transfer, George J. Hefter, Crescent Forwarding & Transportation Company, Ltd., Hamann's Transfer Co., Inc., Ernst Bros., S. Jackson & Son, Inc., Riverside Transfer, Inc., Harvey H. Huth, Doing Business as St. Charles Transfer Co., J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding, A. L. Tucker, R. Burke, Doing Business as Vaughan Transfer Co., Young's Transfer, Inc., Folse Drayage, Inc., Associated Motor Carriers of Louisiana, Inc., Dupuy Storage and For- warding Corporation, Louis Lind, Doing Business as Lind Transfer, Johnsen's General Drayage & Hauling, all of New Orleans, Louisiana, an election by secret ballot shall be conducted within a period of not less than thirty (30) days nor more than forty-five (45) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the respondents and the Companies named above, whose names ap- peared on the pay roll of one or more of the said respondents and the said companies during any week in the period from and including May 21, 1938, to June 21, 1938, expressly including all truck drivers, truck helpers, and truck loaders and unloaders paid on an hourly basis, except clerical, office, and general supervisory employees, and including the employees ordered reinstated or placed upon preferential lists as the result of the Board's Order, supra, and excluding any em- 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees discharged to create vacancies for any employees ordered rein- stated pursuant to the Board's Order, supra, and excluding employees who shall have been discharged for cause or who shall have voluntarily resigned prior to the date of the said election, to determine whether they desire to be represented for the purposes of collective bargaining by United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, or by International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local 270, affiliated with the American Federation of Labor, or by neither.