L & A Bus Lines

In the Matter of C. G. LASIIr,EY, DOING BUSINESS AS L & A Bus LINES and LOCAL DivisioN #1110, AMALGAMATED ASSOCIATION Off' STREET, ELECTRIC, RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA and Roy MAPHTS Case No. C-791 ORDER VACATING ORDER AND SUBSTITUTING MODIFIED ORDER 15, 1940 Jul, On August 15, 1939, the National Labor Relations Board, herem called the Board, issued a Decision and Order in the above-entitled proceedings.' On July 1, 1940, Charles Z. Heskett, attorney for C. G. Lashley, doing business as L & A Bus Lines, Ralph Lashley, secretary of L & A Bus Lines, Inc., and counsel for the Board entered into the following stipulation : STIPULATION The National Labor Relations Board (hereinafter called the Board) on August 15, 1939, having issued its Order in the above- entitled matter, and it being the desire of the parties hereto to dispose of the matters 'involved by mutual agreement, and the parties hereto having this day entered into a consent decree dis- posing of the matters arising under the said Order of the Board, It is hereby stipulated and agreed by and between the parties hereto : (1) That the parties hereto consent to the entry by the United States Circuit Court of Appeals for the Fourth Circuit, upon application of the Board, of the consent Decree, this day entered into between the, parties hereto, and hereby waive further notice of the application for such Decree; (2) That the execution of thus Stipulation and said consent Decree by the parties hereto shall conclude all matters arising in this proceeding. but shall not preclude the taking of any steps 1 14 N. L R. B. 649 25 N. L. R. B., No 54 391 392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD necessary to procure the entry of the said consent Decree in the United States Circuit Court of Appeals for the Fourth Circuit_ (3) L & A Bus Lines, Inc. is a corporation which was organ- ized on March 31, 1938, and which exists by virtue of the Laws of the State of Maryland, and is engaged in the business of trans- porting passengers and freight for hire in trade, traffic, commerce and transportation among the Several States; and its employees are directly engaged in such traffic, commerce and transportation. L & A Bus Lines, Inc. is now carrying on the business formerly conducted by C. G. Lashley, doing business as L & A Bus Lines, as set forth in the Findings of Fact of the National Labor Rela- tions Board in its Decision dated August 15, 1939. , (4) L & A Bus Lines, Inc. and the parties hereto hereby waive the issuance of amended complaint, holding of further hearing, and the making of further findings of fact and conclusions of law in this matter and agree that the National Labor Relations Board may enter its Order, without further notice, against L & A Bus Lines, Inc. and C. G. Lashley, doing business as L & A Bus Lines, as joint and necessary parties in this matter, in the form as set forth below : ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Rela- tions Act, the National Labor Relations Board hereby orders that the respondent, L & A Bus Lines, Inc., and the respondent, C. G. Lashley, doing business as L & A Bus Lines, jointly and severally, and their respective officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) Discouraging membership in Local Division #1110, Amal- gamated Association of Street, Electric, Railway and Motor Coach Employees of America, or any other labor organization of his or its employees, by discharging, refusing to reinstate, sus- pending, or in any manner discriminating against any of his or its employees in regard to hire or tenure of employment or any other term or condition of employment; (b) In any other manner interfering with, restraining or coercing his or its employees in the exercise of the right 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 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 Board finds will effectuate the policies of the Act : C. G. LAST-LET 393 (a) Pty lminediately and directly to Roy Maphis the sum of $350.00. (b) Post immediately in conspicuous places in each depart- ment of the respondent's plant copies of this Order; (c) Maintain such posted notices for a period of at least sixty (60) consecutive days from the date of posting; and (d) Notify the Regional Director for the Fifth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. (5) The parties hereto consent to the entry by the United States Circuit Court of Appeals for the Fourth Circuit of a decree enforcing the above Order to be entered by the Board, application for the decree to be made by the Board, and the par- ties hereto' waive further notice of the application for such decree: (6) It is understood and agreed that the entire agreement is contained within the terms of this Stipulation and said consent Decree and that there is no verbal agreement of any kind which varies, alters, or acids to this stipulation and consent Decree. (7) It is further understood and agreed that this Stipulation and consent Decree are subject to the approval' of the Board and shall become effective immediately upon the granting of such approval. If the Board does not approve this Stipulation and consent Decree, they shall be void and of no effect and shall not be used as evidence in this or any other case. ,On July 8, 1940, the Board issued an order approving the above stipulation and making it part of the record herein. Upon the basis of the above stipulation, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF L & A BUS LINES, INC. L & A Bus Lines, Inc., is a corporation which was organized on March 31, 1938, under and by virtue of the laws of Maryland. It is succes- sor to the business and operations of C. G. Lashley, doing business as L & A Bus Lines,2 and is engaged in the business of transporting passengers and freight for hire in trade, traffic, commerce, and trans- 2 the business of C G I ashley, as described in the decision of August 15, 19-19 (foot- note 1, supra) consisted of the transportation of passengers and ftetght for hire from points in Maryland to destinations in west Virginia and Pennsylvania. Lashley's bus schedules connected with those of the Greyhound Bus Lines at Newcreek, West Virginia, from whence passengers ate carted to WVashington, D C, and St. Lours, Missouri His busses furnished the only means of commercial transportation between Itrdgcly, West Virginia and Cumberland. Maryland in December 1957, he operated 54 busses and employed about 4%C employees 394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD portation among the several States. Its employees are directly en- gaged in such traffic, commerce, and transportation. We find that L & A Bus Lines, Inc., is engaged in trade, traffic, commerce, and transportation among the several States and that its employees are directly engaged in such traffic, commerce, and transportation. ORDER ' Upon the basis of the above stipulation, findings of fact, and the entire record in the case, and pursuant to Section 10 (c) and (d) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the Order herein issued on August 15, 1939, be, and the same hereby is, vacated, and further orders that the fol- lowing modified order be substituted in lieu thereof : ORDER Upon the basis of the above findings of fact and conclusions of law, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that the respond- ent, L & A Bus Lines, Inc., and the respondent C. G. Lashley, doing business as L & A Bus Lines, jointly and severally, and their respec- tive officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) Discouraging membership in Local Division #1110, Amal- gamated Association of Street, Electric, Railway and Motor. Coach Employees of America, or any other labor organization of his or its employees, by discharging, refusing-to reinstate,.suspending, or in any manner discriminating against any of his or its employees in regard to hire or tenure of employment or any other term or condi- tion of employment; (b) In any other manner interfering with, restraining, or coercing his or its employees in the exercise of the 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 activities for the purpose 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 Board finds will effectuate the policies of the Act : (a) Pay immediately and directly to Roy Maphis the sum of $350.00; (b) Post immediately in conspicuous places in each department of the respondent's plant copies of this Order; C. G. LAS1 LEY 395 (c) Maintain such posted notices for a period of at least sixty (60) consecutive days from the date of posting; and (d) Notify the Regional Director for the Fifth Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. MR. WILLIAI1 M. LEISERSON took no part in the consideration of the above Order Vacating Order and Substituting Modified Order.