Midway Transportation Co.

In the Matter of G. S. LINSLEY AND W. L. THRASH, DOING BUSINESS AS MIDWAY TRANSPORTATION COMPANY and INTERNATIONAL BROTHER- HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS, OF AMERICA, LOCAL 878, AFFILIATED WITH AMERICAN FEDERATION OF LABOR Case No. (1-1813.-Decided March 7, 1941 Jurisdiction : motor transportation industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Charles A.'Kyle, for the Board. Mr. G. S. Linsley, of Glenwood, Ark., for the respondent. Mr. Odell Smith, of Little Rock, Ark., for the Union. Miss Mary E. Perkins, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 878, affiliated with American Federation of Labor,' herein called the Union, the National Labor Relations Board, herein called the Board, by the Regional Director for the Fifteenth Region (New Orleans, Louisiana), issued its complaint dated January 20, 1941, against G. S. Linsley-and W. L. Thrash, doing business as Midway Transportation Company, herein called the re- spondent,2 alleging that the respondent had engaged in and was engaging in unfair labor practices affecting commerce, within the :'The name of the Union appeared on all formal papers and pleadings as International Brotherhood of Teamsters , Chauffeurs , Stablemen and Helpers of America , Local 878, affiliated with American Federation of Labor At the hearing the Trial Examiner granted a motion to amend the pleadings so that they would conform with the terminology used in the stipulation . The name of the Union contained in the latter document appears as it is printed in the text. 2 The name of the respondent appeared in the pleadings as Midway Transportation Com- pany By the motion mentioned in footnote 1 above, the pleadings and other formal papers were amended to correspond with the name of the respondent as it appears in the stipulation and above in the text. 30 N. L. R. B., No. 19. 108 G. S. 'LINSLEY & W. L.. THRASH 109 meaning'of Section 8 (1), (3), and (5) and Section 2 (6)' and (7) •of the" National, Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint together with notice of hearing thereon were duly served upon the respondent and the Union. With respect to the unfair labor practices, the complaint alleged in substance that respondent (1) discouraged membership in a labor -organization by discharging A. E. Rogers on October 26, 1940, and .subscduently, refusing ,to reinstate him, because of his-.membership in and activities on behalf of the Union; (2) refused to bargain collec- tively with the Union on specified dates when the Union represented a majority of the respondent's employees in a unit appropriate for collective bargaining; and (3) thereby and by other acts interfered with, restrained, and coerced its employees in the exercise of the rights guaranteed in Section 7 of the Act. The respondent filed no answer. On February 5,,1941, the respondent, the Union, and an attorney for the Board- entered into a stipulation in settlement of the case, subject to the approval of the Board. The stipulation provides as follows : Charges having been filed with the Regional Director, National Labor Relations Board,"-Fifteenth Region, complaint was issued and served on all parties wherein -and whereby it was alleged that the respondent engaged in unfair labor practices in viola- tion of Sections (1), (3), and (5), (sic) of the National Labor Relations Act (49 Stat., 449). All parties hereto acknowledge service of the Complaint, Notice of Hearing, and Charge. It being the intention of the parties to dispose of the matters which have 'arisen, it is hereby stipulated and agreed by and amongG. S. Linsley and W. L. Thrash, dba Midway Transporta- tion Company; and International Brotherhood of Teamsters, Chauffeurs," Warehousemen and Helpers of America, Local No. 878,.AF of L., by its President, Odell Smith; and by Charles A. Kyle, designated attorney in this matter, National Labor Relations Board, Fifteenth Region; as follows : I 'The respondent, G. S. Linsley and W. L. Thrash, dba Midway Transportation Company, has since on about October 1st, 1940, carried on the said business with his principal office and place of business in Glenwood, Arkansas. Respondent is engaged in the business of transferring, trucking, transporting, and carrying for compensation ^ general commodities, of which respondent transports in excess of 300 tons during an average month. Ap- 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD proximately 30 °Jo of such general • commodities originate out of or are destined to states other than the state of \Arkansas. The respondent admits for the purpose of this, pr& eeding that it is engaged in interstate commerce within the meaning of Section 2, Sub-sections (6) and (7) of the National Labor Relations Act. II All parties hereto waive all further and other procedure pro- vided by the National Labor Relations Act of the Rules and Regulations of the National Labor Relations Board, including the taking of testimony and the making of findings of fact and conclusions of law. III This Stipulation, together with the Charge, Complaint; and Notice of Hearing, may be introduced in evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board Washington, D. C. and/or with the Trial Ex- aminer designated in this matter, and shall constitute the record in this case. IV Respondent agrees to offer to A. E. Rodgers immediate and full reinstatement to his former employment without prejudice to his rights and privileges, and paying to him the sum of One Hundred-and Ninety Dollars ($190.00). V On the basis of the facts stipulated in paragraph I above, the pleadings and the record described in paragraph III above, this stipulation, and-by agreement of the parties hereto, the National Labor Relations Board may enter its order in the following form in the above-entitled case : ORDER The National Labor Relations Board hereby orders that G. S. Linsley and W. L. Thrash, dba Midway Transportation Com- pany, its officers, agents, successors, and assigns will : 1. Refrain from : (a) In any manner interfering with, restraining , or coercing his employees in the exercise of their rights in self-organiza- tion, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and G. -S. LINSLEY & W. L., THRASH , 111 to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed in Section 7 of the National Labor Relations Act : (b) Discriminating against any employee because of his membership in or activities on behalf of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers, of America, Local 878 AF of L; (c) Discouraging membership in the International Brother- hood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, Local 878 AF of L, or any other labor organization of its employees. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Post notices in conspicuous places in his garages, and other places of business, particularly in the following termini- Little Rock, Hot Springs, Glenwood, and Texarkana, Arkansas, for a period of 60 days, stating that he will refrain in the manner aforementioned; (b) Offer to A. E. Rodgers immediate and full reinstatement to his former employment without prejudice to his rights and privileges and pay to him the sum of One Hundred and Ninety Dollars ($190.00) ; (e) Notify the Regional Director for the Fifteenth Region in writing within ten days from the date of the approval of this stipulation by the National Labor Relations Board as to the steps the respondent has taken to comply with said order. VI The respondent hereby consents to the entry by the United States Circuit Court of Appeals for the appropriate circuit, upon application of the board, of a consent decree enforcing an order of the board in the form herein above set forth, and hereby waives further. notice of the application for such decree. The Board will, as soon as conveniently possible, make application for said consent decree. VII It is understood and agreed that this stipulation embodies the entire agreement between the parties and there is no verbal agreement of any kind which varies, alters, or adds to this stipulation. 1i2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VIII It is; understood and agreed further that this stipulation is subject to the approval of the National Labor Relations Board and shall effective immediately on receipt of notice granting such approval. Pursuant to notice a hearing was held at Little Rock, Arkansas, on February 6, 1941, before Horace A. Ruckel, the Trial Examiner duly designated by the Board. The Board, the respondent, and the Union appeared by their representatives; all- participated in the hear- ing. The formal documents, the pleadings, and the stipulation were introduced in evidence. No testimony was taken. The Trial Ex- aminer in the course of the hearing granted the motion of the Board's attorney to dismiss those charges in the complaint alleging that the respondent had engaged in unfair labor practices within the meaning of Section 8 (5) of the Act. He further granted a motion to amend the pleadings to make them conform with any differing terminology employed in the stipulation. These rulings of the Trial Examiner are hereby affirmed. On February 12, 1941, the Board issued its order approving the stipulation, making it part of the record in the case, and, pursuant to Article III, Section 36, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the proceeding to and continuing it before the Board for the purpose- of, entry of a decision and order by the Board pursuant to the provisions of the stipulation. On February 13, 1941, the parties to the original stipulation entered into a supplemental stipulation, which provides as follows : It being the intention of the parties to amend the original settlement Stipulation agreed on in these matters on February 5, 1941, it is hereby stipulated and agreed by and among G. S. Linsley and W. L. Thrash, dba Midway Transportation Com- pany; and International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local No. 878, A. F. of L., by its president, Odell Smith; and by Charles A. Kyle, designated attorney in this matter, National Labor Relations Board, Fifteenth Region, as follows: 1. Paragraph 2 of the original Settlement Stipulation shall be amended to read as follows : All parties hereto waive all further and other procedure provided by the National Labor Relations Act and the- Rules and Regulations of the National Labor Relations Board, including the taking of testimony, and the making of findings of fact and conclusions of law. G. S. LINSLEY & W. L. THRASH 113 2. Paragraph 3 of the original Settlement Stipulation shall be amended to read as follows: This Settlement Stipulation and Supplemental Settlement Stipulation, together with the charge, complaint, Notice of Hearing- and transcript may be introduced in evidence by filing them with the Chief Trial Examiner of the National Labor Relations Board, Washington, D. C., and/or with the Trial Examiner designated in this matter, and shall constitute the record in this case. Section 2 (c) of the Order provided for in the original Settle- ment Stipulation shall be amended to read as follows : Notify the Regional Director for the Fifteenth Region of the National Labor Relations Board, in writing, within ten (10) days of the issuance of the Order what steps have been taken in compliance therewith. On February 21, 1941, the Board issued its order approving the supplemental stipulation and making it a part of the record in the case. Upon the basis of the said stipulations and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE RESPONDENT The respondent, G. S. Linsley and W. L. Thrash, doing business as Midway Transportation Company, is a partnership having its principal, office and place of business in Glenwood, Arkansas. The respondent is engaged in the business of transporting for compensa- tion general commodities of which the respondent transports in ex- cess of 300 toms during an average month. Approximately 30 per cent of such general commodities originate in or are destined to States other than the State of Arkansas. The respondent admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. We find that the above-described operations of the respondent con- stitute a continuous flow of trade, traffic, and- commerce among the several States. - H. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehouse- men and Helpers of America, Local 878, is a labor organization affil- iated with the American Federation of Labor. 114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the above findings of fact, stipulations, and the entire record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act,'the National Labor Relations Board hereby orders that the respondent, G. S. Linsley and W. L. Thrash, doing business as Midway Transportation Company, its officers, agents, successors, and assigns shall: 1. Refrain from : (a) In any 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 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 as guaranteed in Section 7,of the National Labor Relations Act; (b) Discriminating against any employee because of his member- ship in or activities on behalf of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, Local 878, A. F. of L; (c) Discouraging membership in the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, Local 878, A. F. of L. or any other labor organization of its employees. 2. Take the following affirmative action to effectuate the policies of the Act : (a) Post notices in conspicuous places in its garages, and other places of business, particularly in the following termini : Little Rock, Hot Springs, Glenwood, and Texarkana, Arkansas, for a period of sixty (60) days, stating that it will refrain in the 'manner afore- mentioned ; (b) Offer to A. E. Rodgers immediate and full reinstatement to his former employment without prejudice to his rights and privileges, and pay to him the sum of One Hundred and Ninety Dollars ($190.00) ; (c) Notify the Regional Director for the Fifteenth Region of the National,Labor Relations Board, in writing, within ten (10) days of the issuance of this Order what steps have been take in compliance therewith.