Perry Truck Lines, Inc.

In the Matter of PERRY TRUCK LINES, INC., and MOTOR FREIGHT CARRIERS EMPLOYEES ASSOCIATION Case No. R-1881.-Decided July 16, 1940 Jurisdiction : motor transportation industry. Investigation and Certification of Representatives : existence of question • re- fusal to accord recognition to union ; election necessary. Unit Appropriate for 'Collective Bargaining : drivers, dock workers, and mechanics. Mr. J. D. Perry, of Denver, Colo., for the Company. Mr. John C. Vivian, of Denver, Colo., for the Association. Mr. R. R. Keigley, of Denver, Colo., for-the Brotherhood. Mr. Leo B. Fee, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 18 and May 17, 1940, Motor Freight Carriers Employees Association, herein called the Association, filed with the Regional Director for the Twenty-second Region (Denver, Colorado) a peti- tion and an amended petition, respectively, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Perry Truck Lines, Inc., Denver, Colorado, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On May 11 and May 20, 1940, the National Labor'Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 17, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Association, and International Brotherhood of Teamsters, Chauffeurs, Stablemen 25 N. L R. B., No 59. 487 488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and Helpers of America , Denver Local Union No. 13, herein called the Brotherhood , a labor organization claiming to represent employees directly affected by the investigation . Pursuant to notice , a hearing was held on June 10, 1940, at Denver, Colorado , before Paul S. Kuel- thau, the Trial Examiner duly designated by the Board . The Com- pany, the Association , and the Brotherhood were represented by their respective representatives and all participated in the hearing. Full opportunity to be heard, to examine and cross -examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the hearing the Trial Examiner ruled on an objection to the admission of evidence . The Board has reviewed the ruling of the Trial Examiner and finds that no prejudicial error was committed. The ruling is hereby affirmed. Upon the entire record in the proceeding, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Perry Truck Lines, Inc., is a Colorado corporation engaged in the transportation of freight by truck between Denver, Colorado, Albu- querque, New Mexico, and intermediate points. During April 1940, a typical month in the Company's business, the Company han- dled 1,925,834 pounds of freight, of which approximately 40 per cent was transported by the Company to points in States other than the State of origin. We find that the Company is engaged in traffic, transportation, and commerce among the several States of the United States, and that its employees are directly engaged in such traffic, transportation, and commerce. II. THE ORGANIZATIONS INVOLVED Motor Freight Carriers Employees Association is an unaffiliated labor organization admitting to its membership employees of the Company. International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Denver Local Union No. 13, is a labor organ- ization, affiliated with the American Federation of Labor, admitting' to its membership employees of the Company. III. THE QUESTION - CONCERNING REPRESENTATION On several occasions prior to the hearing, the Association, claim- ing that it represented a majority of the Company's employees, requested recognition by the Company as their exclusive collectiie bargaining representative. The Company refused to grant such PERRY TRUCK LINES, INC. 489 recognition , however, because of asserted doubts as to the Associa-, tion's representation of a majority of the employees . Also prior to the hearing the Brotherhood requested the Company .to enter into a collective bargaining agreement with it and was refused. At the hearing the Company indicated its desire for a Board determination of the question concerning representation of its employees. The Company , on June 3, 1940 , employed 40 persons , 28 of whom are in the unit we find below to be appropriate for the purposes of collective bargaining. At the hearing there was introduced in evi- dence an analysis made by the Regional Director of 10 membership application cards submitted to him by the Association. Nine of these bore apparently genuine signatures of employees in the unit claimed by the Association to be appropriate . At the hearing the Association submitted two additional membership application cards of the Company's employees . On the other hand, according to the report of the Regional Director received in evidence , the Brother- hood, although requested by him to do so, failed to submit to him any proof of its membership among the Company's employees. At the hearing, the Brotherhood claimed to represent five of the employees listed on the Company's pay roll of June 3,1940. We find that a question has arisen concerning the representation of employees of the Company and that such question tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. IV. THE APPROPRIATE UNIT The Association claims that the unit appropriate for the purposes of collective bargaining consists of "drivers , dock workers; mechanics, exclusive of those in supervisory capacities." At the hearing the Brotherhood contended that office employees , solicitors , and mechanics should -be excluded from the unit. The Company has made no con- tention regarding the appropriate unit. At the hearing an Association representative stated, "We are not desiring to be the bargaining agent for the office help at the present time." We shall exclude the office employees from the unit. The Company employs two solicitors who "solicit freight in the daytime up to about three-thirty and rate freight bills at night." It thus appears that the duties and interests of the solicitors are more like those of the office employees than like those of the Company's other employees . We shall exclude the solicitors from the unit. The Company employs two mechanics who "check the trucks over when they, come off the road and repair them if there is anything to be done to them." While they are not eligible to membership in the Brotherhood, they are members of the Association. Under all 490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the circumstances hereinabove recited, we shall include the mechanics in the unit. We find that the drivers , dock workers, and mechanics employed by the Company , excluding employees in supervisory capacities, office employees, and solicitors , constitute a unit appropriate for the pur- poses of collective bargaining , and that said unit will insure to em- ployees of the Company the full benefit of their right to self-organiza- tion and to collective bargaining and otherwise effectuate the policies of the' Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion canbest be resolved by an election by secret ballot. We shall direct that the employees within the appropriate unit who were employed by the Company during the pay-roll period im- mediately preceding the date of our Direction of Election herein, including those who did not work during said pay-roll period because they were ill or .on vacation and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause , shall be eligible to vote in the 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. A question affecting commerce has arisen concerning the repre- sentation of employees of Perry Truck Lines, Inc., Denver , Colorado, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. The drivers, dock workers, and mechanics employed by the Company, excluding employees in supervisory capacities , office em- ployees, and solicitors , constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of the Act. - 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 Rela- tions Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, 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 Perry Truck Lines, Inc., Denver, Colorado, an election by PERRY TRUCK LINES, INC. 491 secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Twenty-second Region, acting in this matter as agent for the Na- tional' Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the drivers, dock workers, and mechanics employed by Perry Truck Lines, Inc., Denver, Colorado, who were employed by it during the pay-roll period immediately preceding the date of this Direction, including those who did not work during such pay-roll period because they were ill or on vaca- tion and employees who were then or have since been temporarily laid off, but excluding employees in supervisory capacities, office em- ployees, solicitors, and those who have since quit or been discharged for cause, to determine whether they desire to be represented. by Motor Freight Carriers Employees Association or by International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Denver Local Union No. 13, for the purposes of collective bargaining, or by neither. MR. WILLIAM M. LEISERsoN took no part in the consideration of the above Decision and Direction of Election.