Atlantic States Motors Lines

In the Matter of ATLANTIC STATES MOTOR LINEs and TEAMSTERS & CHAUFFEURS INTERNATIONAL UNION, LOCAL #391 Case No. C-1321.-Decided August 11, 1939 Motor Trucking Industry-Settlement : stipulation providing for compliance with the Act-Order: entered on stipulation. Mr. Samuel M. Spencer, for the Board. Mr. J. A. Myatt, of High Point, N. C., for the respondent. Mr. W. D. Anderson, of Wilmington, N. C., for the Union. Mr. Robert M. Martin, of High Point, N. C., for the Employees Union. Mr. F. Hamilton Seeley, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by Teamsters & Chauffeurs International Union, Local 391, herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifth Region (Baltimore, Maryland), issued its complaint dated May 23, 1939, against Atlantic States Motor Lines, High Point, North Carolina, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notice of hearing thereon were duly served upon the respondent, the Union, and Atlantic States Motor Lines Employees Union, herein called the Employees Union, a labor organization allegedly dominated and supported by the respondent. Concerning the unfair labor practices, the complaint alleged, in substance, that the respondent (1) caused to be formed, dominated, interfered with the administration of, and gave support to the Em- ployees Union; (2) terminated the employment of and refused to reinstate 20 named employees because they joined the Union and en- 14 N. L. R. B., No. 35. 458 ATLANTIC STATES MOTOR LINES 459 gaged in concerted activities with other employees for the purpose of collective bargaining and other mutual aid and protection; and, (3) by the above-mentioned activities, by making speeches hostile to the membership of its employees in, and their affiliation with, the Union, by making remarks calculated to encourage membership in the Em- ployees Union, and by other acts, interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. On June 15, 1939, counsel for the Board, the respondent, the Union, and the Employees Union, entered into the following stipulation: STIPULATION Atlantic States Motor Lines (hereinafter referred to as the Respondent), by its attorney, J. A. Myatt; Teamsters & Chauffeurs International Union, Local #391 (hereinafter referred to as the Union), by its representative, R. C. Weigle; Atlantic States Motor Lines Employees Union (hereinafter referred to as Employees Union), by its attorney, Robert M. Martin ; and Samuel M. Spen- cer, Attorney, National Labor Relations Board, Fifth Region (hereinafter referred to as the Board), hereby stipulates and agrees as follows : 1. On or about May 16, 1939, the Union filed with the Regional Director of the National Labor Relations Board, Fifth Region, a charge against the Respondent alleging that the Respondent had violated Section 8, Subsections (1), (2) and (3) of the National Labor Relations Act. On or about May 20, 1939, the Union filed an amended charge against the Respondent alleging that the Re- spondent had violated Section 8, Subsections (1)., (2) and (3) of the National Labor Relations Act in that the Respondent on or about February 17, 1939, did sponsor, encourage and cause to. be formed a labor organization known as Atlantic States Motor Lines Employees Union, and has since, through its officers, agents and employees, dominated, restrained, coerced and interfered with the activities of the said labor organization, and on or about May 14, 1939, the Respondent, through its officers, agents and employees, did discharge Carl R. Barnes, J. L. Reynolds, E. A. Armfield, P. T. Green, E. E. Dawkins, I. J. Hayes, K. B. Kirby, Thomas Meacham, L. S. Venable, J. O. Shoaf, C. L. Cole, R. L. Gates, J. W. Stutz, A. S. Crowder, C. H. Braley, M. Early, S. G. Venable, P. J. Bell, W. A. Wrenn, and C. S. Ferrington, all truck drivers, because of their membership and activity in the Teamsters & Chauffeurs International Union, Local #391, affiliated with the American Federation of Labor, and derogatory statements against 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union were made by the Respondent through its agents and employees. 2. The Union is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act: 3. The Employees Union is a labor organization within the meaning of Section 2, subdivision (5) of the National Labor Relations Act. 4. The Respondent, through its attorney, acknowledges service upon it of a formal complaint issued by the Regional Director for the Fifth Region of the National Labor Relations Board, and specifically waives its right to file any motion or answer objecting to jurisdiction or setting forth any other defense it might have to the aforesaid complaint. The Respondent specifi- cally waives its right to participate in a hearing before a Trial Examiner of the Board, waives its right to receive an Inter- mediate Report, and further waives its right to the filing of any exceptions to any findings or recommendations which might have been rendered by such Trial Examiner in a formal hearing. 5. The Respondent is a North Carolina corporation, having been incorporated about the year of 1934, and its principal place of business is the City of High Point, North Carolina. The cap- ital stock consists of 100 shares, and the controlling stock is owned by R. L. Brinson, who is president of the corporation. The officers of the corporation are as follows : R. L. Brinson, President H. B. Koonce, Vice President and Secretary S. H. Denny, Secretary The Directors of the corporation are as follows : R. L. Brinson, President H. B. Koonce, Vice President and Secretary S. H. Denny, Secretary The company is engaged in the business of hauling freight, express and parcels on the highways by motor truck from New York City to Atlanta, Georgia, and to all intermediate points along the way. The company also maintains warehouses, ter- minals and garages at the following points: Atlanta, Georgia; Augusta, Georgia; High Point, North Carolina; Greenville, South Carolina; Baltimore, Maryland; and Philadelphia, Pennsylvania. The Company operates its business under franchises secured from the Interstate Commerce Commission. 6. The Respondent, during the course and conduct of its business during the last fiscal year handled 20,000,000 lbs. of freight with a gross revenue to the company of $160,000. The ATLANTIC STATES MOTOR.LINES 461 Respondent admits that it is engaged in interstate commerce within the meaning of Section 2, Subdivision (6) of the Na- tional Labor Relations Act. 7. It is further stipulated and agreed by the parties that the Board may enter an order herein and the parties specifically waives its right to the making of findings of. fact and conclu- sions of law by the Board. 8. On the basis' of the foregoing facts, the Respondent, the Union and the Employees Union agree that the Board may enter an order as follows : ORDER Upon the basis of . this Stipulation and the pleadings herein,' and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Respondent, its officers, agents, successors and assigns shall : 1. Cease and desist : (a) From in any manner discouraging membership in the Teamsters & Chauffeurs International Union, Local #391, or any other. labor organization of its employees , by laying off, discharging, or refusing to reinstate, or otherwise discriminate against its employees in respect to hire or tenure of employment; (b) From recognizing the Atlantic States Motor Line Em- ployees Union as the representative of any of its employees for the purpose of dealing with the Respondent concerning griev- ances, labor disputes , rates of pay, wages, hours of employment, or other conditions of employment ; from giving any effect to any bargaining contract with the said Atlantic States Motor Lines Employees Union; and completely disestablish said or- ganization as such representative; (c) From 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 bar- gain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act : (a) Offer to Carl R. Barnes, J. L. Reynolds , E. A. Armfield, P. T. Green, E. E. Dawkins, I. J. Hayes, K. B. Kirby, Thomas Meacham, L. S. Venable, J. C. Shoaf, C. L. Cole, R. L. Gates, J. W. Stutz, A. S. Crowder, C. H. Braley,, M. Early,. S. G. Venable, P. J. Bell , W. A. Wrenn and C. S. Ferrington imme- 462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD diate and full reinstatement to their former positions without prejudice to their seniority and other rights and privileges; (b) Make whole Carl R. Barnes, J. L. Reynolds, E. A. Arm- field, P. T. Green, E. E. Dawkins, I. J. Hayes, K. B. Kirby, Thomas Meacham, L. S. Venable, J. 0. Shoaf, C. L. Cole, R. L. Gates, J. W. -Stutz, A. S. Crowder, C. H. Braley, M. Early, S. G. Venable, P. J. Bell, W. A. Wrenn and C. S. Ferrington for any loss of pay they have suffered by reason of the Respon- dent's discrimination in regard to the terms and conditions or hire and tenure of their employment by payment to each of them a sum of money equal to that which they would have normally earned as wages from the date of their discharge to the date of such offer of reinstatement, less any net earnings they might have earned during this period; (c) Withdraw all recognition from the Atlantic State Motor Lines Employees Union as the representative of any of its em- ployees for the purpose of dealing with the Respondent concern- ing grievances, labor disputes, rates of pay, wages, hours of em- ployment, or other conditions of employment; from giving any effect to any bargaining contract with the said Atlantic States Motor Lines Employees Union ; and completely disestablish said organization as such representative; (d) Immediately post notices in conspicuous places at each of its warehouses and terminals and maintain such notices for a period of ninety (90) consecutive days from the date of such posting, stating that the Respondent will cease and desist in the manner aforesaid; (e) Notify the Regional Director of the Fifth Region in writ, ing within ten (10) days from the date of this order what steps the Respondent has taken to comply therewith. 9. The record shall consist of the charge, the complaint and this stipulation, and said record shall be filed with the Chief Trial Examiner of the National Labor Relations Board which has offices in the Shoreham Building, Washington, D. C. .10. The Respondent hereby consents to the entry by an appro- priate Circuit Court of Appeals of the United States of a decree enforcing an order of the Board in the form above, and ex- pressly waives its right to receive notice of the filing of an, application for the entry of such decree. 11. The entire agreement is contained within the terms of this stipulation and there is no verbal agreement of any kind, which varies, alters or adds to the stipulation. 12. All of the foregoing shall be subject to the approval of the National Labor Relations Board. ATLANTIC STATES MOTOR LINES 463 On July 5, 1939, the Board approved said stipulation, made it part of the record herein, and pursuant to Article II, Section 37, of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, ordered the proceedings transferred to and continued before it for the purpose of entry of a decision and order pursuant to the provisions of the above stipulation. Upon the stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF RESPONDENT The respondent, Atlantic States Motor Lines, is a North Carolina corporation with its principal place of business in High Point, North Carolina. The respondent is engaged in the business of hauling freight, express, and parcels by motortruck from New York City to Atlanta, Georgia, serving all intermediate points. It operates its business under franchises secured from the Interstate Commerce Commission. The respondent maintains warehouses, terminals, and garages at the following points: Atlanta, Georgia; Augusta, Geor- gia; High Point, North Carolina; Greenville, South Carolina; Balti- more, Maryland; and Philadelphia, Pennsylvania. During the last fiscal year preceding June 15, 1939, the respondent handled 20,000,000 pounds of freight yielding a gross revenue to the respondent of $160,000. The respondent admits that it is engaged in commerce within the meaning of Section 2 (6) of the Act. We find that the above-described operations constitute a continuous flow of trade, traffic, commerce, and transportation among the several States. ORDER Upon the basis of the above findings of fact, stipulation, and the entire record in the case, the National Labor Relations Board hereby orders that Atlantic States Motor Lines, High Point, North Carolina, and its officers, agents, successors and assigns shall: 1. Cease and desist: (a) From in: any manner discouraging membership in the Team- sters & Chauffeurs International Union, Local #391, or any other labor organization of its employees, by laying off, discharging, or refusing to reinstate, or otherwise discriminate against its employees in respect to hire or, tenure of employment; (b) From recognizing the Atlantic States Motor Lines Employees Union as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment, or other conditions of 464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employment; from giving any effect to any bargaining contract with the said Atlantic States Motor Lines Employees Union; and com- pletely disestablish said organization as such representative; (c) From in any other manner interfering with, restraining or coercing its employees in the exercise of their rights 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 activities for the purpose of collective bargaining and other mutual aid and protection as guaranteed in Section 7 of the National Labor Relations Act. 2. Take the following affirmative action, which the Board finds will effectuate the policies of the Act; (a) Offer to Carl R. Barnes, J. L. Reynolds, E. A. Armfield, P. T. Green, E. E. Dawkins, I. J. Hayes, K. B. Kirby, Thomas Meacham, L. S. Venable, J. O. Shoaf, C. L. Cole, R. L. Gates, J. W. Stutz, A. S. Crowder, C. H. Braley, M. Early, S. G. Venable, P. J. Bell, W. A. Wrenn, and C. S. Ferrington immediate and full reinstatement to their former positions without prejudice to their seniority and other rights and privileges; . (b) Make whole Carl R. Barnes, J. L. Reynolds, E. A. Armfield, .P. T. Green, E. E. Dawkins, I. J. Hayes, K. B. Kirby, Thomas Mea- cham, L. S. Venable, J. O. Shoaf, C. L. Cole, R. L. Gates, J. W. Stutz, A. S. Crowder, C. H. Braley, M. Early, S. G. Venable, P. J. .Bell, W. A. Wrenn, and C. S. Ferrington for any loss of pay they ,have suffered by reason of the respondent's discrimination in regard to the terms and conditions or hire and tenure of their employment by payment to each of them a sum of money equal to that which they would have normally earned as wages to the date of such offer of reinstatement, less any such earnings they might have earned during this period; (c) Withdraw all recognition from the Atlantic States Motor Lines Employees Union as the representative of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, rates of pay, wages, hours of employment, or other conditions of employment; from giving any effect to any bargaining contract with the said Atlantic States Motor Lines Employees Union; -and completely disestablish said organization as such representative; (d) Immediately post notices in conspicuous places at each of its warehouses and terminals and maintain such notices for a period of -ninety (90) consecutive days from the date of such posting, stating that the respondent will cease and desist in the manner aforesaid; (e) Notify the Regional Director of the Fifth Region in writing 'within ten (10) days from the date of this Order 'what steps the respondent has taken to comply herewith.