Pacific Greyhound Lines

In the Matter of PACIFIC GREYHOUND LINES and AMALGAMATED Asso- CIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EM- PLOYES OF AMERICA In the Matter Of PACIFIC GREYHOUND LINES and BROTHERHOOD OF RAILROAD TRAINMEN Cases Nos. R-926 and R-9,97, respectively SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND ORDER March 10, 1939 In the above-entitled proceedings, the National Labor Relations Board, herein called the Board, issued on October 29, 1938, a Deci- sion and Direction of Elections,' on November 10, 1938, an Amend- ment to Decision and Direction of Elections,2 and on December 14, 1938, a Second Amendment to Decision and Direction of Elections.' The Direction of Elections, as so amended, provided that separate elections by secret ballot be conducted within ninety (90) days from the date of the Direction, under the direction and supervision of the Regional Director for the Twentieth Region, among employees within each of the following groups, who were in the employ of Pacific Greyhound Lines, San Francisco, California, herein called the Company, on June 15, 1938, and who had not since quit or been dis- charged for cause: (a) bus drivers, to determine whether they desired to be represented by Amalgamated Association of Street, Electric Railway and Motor Coach Employes of America, herein called the Amalgamated, or by Brotherhood of Railroad Trainmen, herein called the Brotherhood, for the purposes of collective bargaining, or by neither; and (b) station and clerical employees, exclusive of ex- ecutives and supervisors, to determine whether or not they desired to be represented by the Amalgamated for the purposes of collective bargaining. 19 N. L. R. B. 557. 2 9 N. L. R. B. 578. 10 N. L. R. B. 659. 11 N. L. R. B., No. 92. 1070 PACIFIC GREYHOUND LINES ET AL. 1071 Pursuant to the Decision and Direction of Elections, as amended, an election by secret ballot was conducted among the bus drivers of the Company from December 15 to December 28, 1938, under the direction and supervision of Alice M. Rosseter, Regional Director for the Twentieth Region (San Francisco, California). Full oppor- tunity was accorded to all parties to the election to participate therein and to make challenges. Thereafter, on January 5, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, herein called the Rules and Regulations, issued, and on January 6, 1939, served upon the parties to these proceedings, an Intermediate Report Upon Secret Ballot, in which she made the following findings with respect to the results of the election : Number of votes for Amalgamated Association of Street, Electric Railway and Motor Coach Employes of America__ 227 Number of votes for Brotherhood of Railroad Trainmen____ 364 Number of votes for neither of above organizations---------- 14 Total number of ballots counted____________________________ 605 Number eligible to vote____________________________________ 664 Number of blank ballots____________________________________ 0 Number of void ballots_____________________________________ 3 Number of challenged ballots 4______________________________ 11 On January 10, 1939, the Amalgamated filed with the Regional Director an Objection and Protest To Intermediate Report Upon Secret Ballot upon various grounds heretofore considered by the Board in the Decision and Direction of Elections and in the Second Amendment to Decision and Direction of Elections, and further, for the reason that an ineligible voter had acted as an observer at two polling places, Medford and Portland, Oregon, in contravention of the rules governing the election. Subsequently on the basis of an in- vestigation the Regional Director reported to the Board with respect to such observer that he had acted as captain of observers and not as an observer and that no challenged ballots had been cast nor protests made at either Portland or Medford, Oregon; and that, accordingly, said Objection and Protest in that regard and otherwise raised no substantial or material issue with respect to the conduct of the ballot. We concur in this report of the Regional Director and find that the Objection and Protest To Intermediate Report Upon Secret Ballot raises no substantial or material issue with respect to the conduct of the election held among the bus drivers of the Company. No objections or protest to the ballot or to said Intermediate Report were made or filed by the other parties to the proceedings. 4 Since the challenged ballots would not affect the result of the election , they were not counted. 1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD During the month of January 1939, and within the time prescribed, the Regional Director, acting pursuant to the Decision and Direction of Elections, as amended, conducted by mail and in person an elec- tion by secret ballot among the station and clerical employees of the Company, exclusive of executives and supervisors. Full opportunity was accorded to all parties to this election to participate therein and to make challenges. Thereafter, on February 1, 1939, the Regional Director, acting in accordance with Article III, Section 9, of the Rules and Regulations, issued and on February 2, 1939, served upon the parties to said election, an Intermediate Report Upon Secret Ballot, in which she made the following findings relative to the results of the election : Number eligible to vote------------------------------------- 284 Number of votes counted for Amalgamated Association of Street, Electric Railway and Motor Coach Employes of America-------------------------------------------------- 130 Number of votes counted against Amalgamated Association of Street, Electric Railway and Motor Coach Employes of America-------------------------------------------------- 132 Total number of votes counted------------------------------- 262 Number of blank ballots------------------------------------- 1 Number of void ballots-------------------------------------- 6 Number of challenged ballots-------------------------------- 2 In said Intermediate Report the Regional Director further found and reported that the two challenged ballots had been duly challenged by an agent of the Board on the ground that they had been cast by persons occupying supervisory positions; and accordingly, the Re- gional Director concluded that they should not be counted. No ob- jections or protest to the ballot or to this Intermediate Report were made or filed by any of the parties. The results of the election show that no collective bargaining representative has been chosen by a majority of the station and clerical employees of the Company, ex- clusive of executives and supervisors. In the Second Amendment to Decision and Direction of Elections, the Board stated : 5 The Board will ascertain and determine the appropriate unit or units and representative or representatives upon the basis of the results of the elections directed, in accordance with the fol- lowing principles, anything in the Decision and Direction of Elec- tions to the contrary notwithstanding: If a majority6 of the bus drivers vote for the Brotherhood in the election directed in the X10 N. L It. B. 659. ° The Second Amendment states by way of footnote : All majorities herein referred to must be such under the rules governing elections laid down in our prior decisions. PACIFIC GREYHOUND LINES ET AL. 1073 Direction of Elections, as amended heretofore and herein, among the employees in group (a)7 therein, the Board will determine that the bus drivers of the Company constitute a unit appropriate for the purposes of collective bargaining, and the Board will certify the Brotherhood as the duly chosen representative of that unit. If a majority of the bus drivers vote for the Amalgamated in said election directed among employees in said group (a), and if a majority of the employees in the election directed in the Direction of Elections, as amended heretofore and herein, among employees in group (b) 8 therein, vote for the Amalgamated, then the Board will determine that the bus drivers, and station and clerical employees, exclusive of executives and supervisors of the Company constitute an appropriate bargaining unit, and the Board will certify the Amalgamated as the duly chosen repre- sentative of that unit. In the event the Brotherhood secures a majority vote in the said election among bus drivers and the Amalgamated does likewise in the said election conducted among the remainder of the employees, by virtue of this fact, the Board will certify the Amalgamated as the exclusive bargaining repre- sentative of the station and clerical employees, exclusive of ex- ecutives and supervisors. Lastly, if a majority of the bus drivers in the election directed among them vote for the Amalgamated, but a majority of the remaining employees in the other election directed do not vote for the Amalgamated, the Board will de- termine that the bus drivers constitute a unit appropriate for the purposes of collective bargaining, and the Board will certify the Amalgamated as the duly chosen representative of that unit. The results of the two elections show that the petitions for investiga- tion and certification filed by the Amalgamated should, and, therefore, shall be dismissed. Upon the entire record in the case, the Board makes the following: SUPPLEMENTAL FINDING OF FACT We find that the bus drivers of Pacific Greyhound Lines, San Fran- cisco, California, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of Pacific Greyhound Lines the full benefit of their right to self-organiza- tion and to collective bargaining and otherwise will effectuate the policies of the Act. 7 The reference to the employees in "group (a)" relates to those employees among whom the election above of December 15 to 28, 1938, was conducted. g The reference to the employees in "group (b)" relates to those employees among whom the election above in January 1939 was conducted 1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the basis of the above finding of fact and upon the entire record in the case, the Board makes the following: SUPPLEMENTAL CONCLUSION OF LAW The bus drivers of Pacific Greyhound Lines, San Francisco, Cali- fornia, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen has been designated and selected by a majority of the bus drivers of Pacific Greyhound Lines, San Francisco, California, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, Brotherhood of Railroad Trainmen is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. ORDER By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY ORDERED , that the petitions for investigation and certi- fication of employees of Pacific Greyhound Lines, San Francisco, California, filed by Amalgamated Association of Street, Electric Rail- way and Motor Coach Employes of America, and each of them, be, and they hereby are, dismissed.