Missouri-Arkansas Coach Lines, Inc.

In the Matter of Missouri-ARKANSAS COACH LINES, INCOR POR ATED and BROTHERHOOD OF RAILROAD TRAINMEN Case No. C-663.Decided November 15, 1939 Bus Transportation Industry-Settlentent : stipulation providing for compli- ance with the Act, including reinstatement of one employee with back pay- Order: entered on stipulation. Mr. Bernard L. Alpert, for the Board. Mr. William L. Vandeventer, of Springfield, Mo., for the respondent. Mr. W. P. Nutter, of Kansas City, Mo., for the B. R. T. Mr. Edward Scheunemann, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upp charges aaidti ameiided cliaiges: duly-. filed hy^'the"'I3i•ottiei•lio'od of Railroad4Tr iininel>, herein cailled the B. R.T.", theNiitional' Labor Relations Board, herein called the Board, by the Regiolial Director for the Seventeenth Region (Kansas City, Missouri), issued its complaint, dated April 9, 1938, against Missouri-Arkansas Coach Lines, Incorporated, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor prac- tices affecting, conimerce :within the meaning. of Section. 8- (1),, (3), ^u^.cl:..(: ):.^u?d Sectiull.2.. (6.).and..(7) .of .il>e T;ational>.Labor,Red lticass Act, 49 Stat. 449, herein called the Act. Copies of the complaint and notices of hearing thereon were duly served upon the respondent anal the B. R. T. The complaint alleged, in substance, that the respondent (1) dis- couraged membership in the B. R. T. by discharging Raymond Kramer because he testified under the Act and because he joined and assisted the Union, and (2) by this and other actions interfered ^^ ith; „restra.kned and .coerced .its . elnl^lohees., in the. exercise ot: i fights guaranteed in Section 7 of the Act. On April 16, 1938, the respondent filed its answer to the complaint denying that it had engaged in the alleged unfair labor practices 17 N. L. P. B., No. 60. 247384-40-vol. 17--46 7! 1 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and alleging that it discharged Kramer because he violated the re- spondent's rules. Respondent amended its answer at the hearing to add a further affirmative defense. Pursuant to notice, a hearing was held on April 21, 1938, at Springfield, Missouri, before R. N. Denham, the Trial Examiner duly designated by the Board. The respondent and the Board were rep- resented by counsel. The B. R. T. was represented by its special representative. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. Dur- ing..the course of the hearing the Trial Examiner made a number of rulings on. motions and on objections to the admission of, evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On. May 31, 1938, the Trial Examiner issued his Intermediate Re- port, copies of which were duly served upon the parties. He found that the respondent had engaged in unfair labor practices affecting commerce within the meaning of Section 8 (1), (3), and (4) and Section 2 (G) and (7) of the Act. He recommended that the re- spondent cease and desist from its unfair labor practices, and re- instate Raymond Kramer to his former position with back pay. On June 4, 1938, the respondent filed its exceptions to the Inter- mediate Report. Thereafter, counsel for the respondent and the B. R. T. and the Regional Director for'the Seventeenth Region entered into a,.stipula- tion in settlement of the case. The stipulation provides as follows : It is hereby stipulated and agreed by and between the Mis- souri-Arkansas Coach Lines, Inc., hereinafter referred to as respondent, the Brotherhood of Railroad Trainmen, hereinafter referred to as B. R. T., and Paul F. Broderick, Acting Regional Director, Seventeenth Region, National Labor Relations Board, as follows : I 1. Upon charges duly filed by the B. R. T., the National Labor Relations Board, through E. J. Eagen, Regional Director, Sev- enteenth Region of the National Labor Relations Board, agent of the National Labor Relations Board acting pursuant to authority granted in Section 10 (b) of the National Labor Rela- tions Act, approved July 5, 1935, and acting pursuant to its Rules and Regulations-Series 1, as amended-Article IV, Sec- tion 1, issued its complaint and notice of hearing on the 9th day of April 1938, against respondent. The complaint and notice of hearing was duly served upon respondent on the 9th day of D11SSOURI-AI KANSAS COACH LINES, INC. 713 April, 1938. A hearing in said matter before R. N. Denham, duly authorized to act as Trial Examiner, was held in Spring- field, Missouri, April 21, 1938, and the Intermediate Report of the. Trial Examiner in said matter was issued on the 20th day of May 1938, and was duly served upon the parties to this pro- , •ending on the 25th day of May 1938, and on June 7, 1938, said hatter was transferred to the National Labor Relations Board in Washington, D.. C. 2.. It is hereby stipulated and agreed, subject to the approval of the National Labor Relations Board, that : (a) Respondent expressly waives the making of findings of fact and conclusions of law by the National Labor Relations Board ; . (b) Respondent expressly admits that it is a corporation organized and existing under the laws of the State of Missouri, having its principal place of business in Springfield, Missouri, and is engaged in the business of transporting for hire, passen- gers, light express, and newspapers, under regularly published tariffs, through the States of Kansas, Missouri, Arkansas, Ten- nessee and Mississippi, and that for the year ending December 31, 1936, it carried over ten thousand (10,000) passengers, with a total business of approximately one hundred fifty thousand dol- lars ($150,000), that it has a pay roll of about fifty (50), of whom approximately twenty-five (25) are bus operators, and operates twenty-three (23) buses and maintains a garage at Springfield, Missouri, and one at New Albany, Mississippi, that its lines run from Kansas City and Hamilton, Missouri, through Springfield, Missouri, and Memphis, Tennessee, to Florence, Alabama, with side lines to Jefferson City, Missouri; Fort Scott, Kansas; and Green Forest, Arkansas. 3. It is stipulated that the Brotherhood of Railroad Train- men is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. II It is further- stipulated and agreed by and between the re- spective parties hereto that the National Labor Relations Board may forthwith entera.n order in the above-entitled case to the following effect : Respondent, Missouri-Arkansas Coach Lines, Inc., and its officers, agents, successors and assigns shall: 1. Cease and desist from the date hereof (a.) From interferring with, restraining or coercing its em- ployees in the exercise of the rights to self-organization, to form, 714 DECISIONS OF N''A1:10N'AL LABOR ItELAT1Oxs 110AR7) join or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. (b) From refusing employment of the same character here- tofore performed by him, to Raymond Kramer or otherwise .dis- criminate^ against him'or a ny of,respondent's^ employees because; of testimony given by him or them in any proceeding held under the provisions of the National Labor Relations Act. (c) From discouraging membership in any labor ouganiza.- tion by discrimination in regard to hire or tenure of employ- ment or any term or condition of employment. 2. In order to effectuate the policies of the Net take the fol- lowing of rmat.ive action: (a) Reinstate said Raymond Kramer to the same employment and run on respondent's line that he had at the time of his dis- charge, unless said Raymond Kramer shall have the privilege of-electiiig and'shil'l' elect; under the terms of the then existing agreement, if any, of respondent with its bus-driver employees, to take a different run, without loss of rating, seniority, or any other rights or privileges. (h) Pay to Raymond Kramer the sum of one hundred dollars ($100) in the manner indicated on Schedule "A", attached hereto and made a part hereof. (c) I'i_1mediate_ly post,, notices in conspi,CItoits places where they will be observed by respondent's employees and maintain such notices for a period of thirty (30) consecutive clays, stating: (1) That the respondent will cease and desist as aforesaid; (2) That the respondent will take the affirmative action -afore- said; (d) Notify the. Acting Regional Director for the Seventeenth Region Within a_ period of ten (10) days from the date of the Ord'e'r what'steht tlie` respondent 'has ta'ken to'comply witli the said order. III It is further stipulated and agreed that after the making of said order and decision by the National Labor Relations Board, said Board may submit, without further notice to the parties hereto, a consent decree to the appropriate United States Cir- cuit..,Co.urt of..Appea•ls;-,which,,decree-shall-provide.for the- 'affirm-ance and enforcement in full of each and every provision con- tained in the order which it is hereinbefore provided that the AIISSOt5iU-AliaA\SAS. COACH L1:A`ES, TNC. 715 National Labor Relations Board may inake herein, and the several parties hereby consent to the entry of said decree by said appropriate Circuit Court of Appeals. IV All stipulations herein wade and the terms and provisions thereof are made subject to the approval cif the National Labor Relations Board. Dated this 11tli day of April, 1939. at Kansas City, Missouri. SCHEDULE A Respondent, its officers, agents. successors or assigns, agrees to pay to Raymond Kramer the following amounts on the fol- lowing specified dates: April 20, 1939--------------------------------------- $12.50 May 20.-1039----------------------------------- ----: - 12.50 June 20, 1939-- -------------------------------------- 16. 66 July 20 . 1939---------------------------------------- 16.66 August 20, 1939-------------------------------------- 20.83 September 20, 1939- ---------------------------------- 2.85 Total ----------------------------------------- 100.00 On October 20, 1939, the Board issued its order approving the above stipulation and making it part of the record herein. Upon the basis of the above stipulation and the entire record in the ,case, the Board makes the following : FINDINGS Or FACT I. THE BUSINESS OF THE RESPONDENT The respondent is a Missouri corporation with its principal office and place of business in Springfield, Missouri. It is engaged in the business of transporting passengers, light express, and newspapers by bus through the States of Kansas, Missouri, Arkansas, Tennessee. and Mississippi .. The respondent employs about 50 persons. Dur- ing 1937 it carried over 10,000 passengers, and its total business approximated $150,000. ORDER Upon the basis of the above findings of fact and stipulation, and upon the entire record in the case, and pursuant to Section 10 (c) of the National Labor. Relations Act-,,:'the National Labor Relations 716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Board hereby orders that Missouri-Arkansas Coach Lines, Inc., and its officers, agents, successors, and assigns shall : 1. Cease and desist from the date hereof (a) From interfering with, restraining or coercing its employees in the exercise of the rights to self-organization, to form, join or assist labor organizations, to bargain collectively through representa- tives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. (b) From refusing employment of the same character heretofore performed by him, to Raymond Kramer or otherwise discriminate against him or any of the respondent's employees because of testi- mony given by him or them in any proceeding held under the pro- visions of the National Labor Relations Act. (c) From discouraging membership in any labor organization by discrimination in regard to hire or tenure of employment or any term or condition of employment. 2. In order to effectuate the policies of the Act take the following affirmative action : (a) Reinstate said Raymond Kramer to the same employment and run on respondent's line that he had at the time of his discharge, unless said Raymond Kramer shall have the privilege of electing and shall elect, under the terms of the then existing agreement, if any, of respondent with its bus-driver employees, to take a different run, without loss of rating, seniority, or any other rights or priv- ileges. (b) Pay to Raymond Kramer the sum of one hundred dollars ($100)in the manner indicated on Schedule A, attached hereto and made a part hereof. (c) Immediately post notices in conspicuous places where they will be observed by respondent's employees and maintain such notices for a period of thirty (30) consecutive days, stating: (1) That the respondent will cease and desist as aforesaid; (2) That the respondent will take the affirmative action aforesaid; (d) Notify the Acting Regional Director for the Seventeenth Region within a period of ten (10) days from the date of the Order what steps the respondent has taken to comply with the said order,