White Horse Pike Bus Co., Inc.

In the Matter of WHITE HORSE PIKE Bus COMPANY, INC., AND ATLAN- TIC CITY Bus COMPANY and TRANSPORT WORKERS' UNION OF AMERICA, C. I. 0., LOCAL 209 Case No. R-0668.-Decided August 1^?, 1941 Jurisdiction : bus transportation industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union' recognition until it is certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all employees of both corporations (bus drivers, mechanics, washers and checkers) excluding supervisory em- ployees and office personnel. Carroll & Taylor. by Mr. Millard Taylor, of Camden, N. J., for the Company. Mr. Victor Osuchowski, of Camden, N. J., and Mr. George Craig, of Philadelphia, Pa.., for the T. W. U. A. Mr. A. Appleton, of Newark, N. J., and Mr. Charles Clark, of New York City, for the Amalgamated. Mr. Robert Fousek, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 3 and 28 and June 11, 1941, respectively, Transport, Workers' Union of America, C. I. 0., Local 209, herein called the T. W. U. A., filed a petition, amended petition and second amended petition with the Regional Director for the Fourth Region (Phila- delphia, Pennsylvania) alleging that a question affecting commerce had arisen concerning the representation of employees of the White Horse Pike Bus Company, Inc., and Atlantic City Bus Company both located in Audubon, New Jersey, herein collectively called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On June 13, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, ,section 3, 34 N. L R. B., No 26 178 W73ITIE HORSE PIKE BUS COMPANY, INC. 179 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 June 18, 1941) the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the T. W. U. A., and Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, herein called the Amalgamated, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on June 26, 1941, at Philadelphia, Pennsylvania, before Geoffrey Cunniff, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the T. W. U. A., and the Amalgamated were rep- resented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY White Horse Pike Bus Company, Inc., and Atlantic City Bus Company are New Jersey corporations, incorporated in 1936, engaged in the carriage of passengers between Barrington, New Jersey; At- lantic City, New Jersey; and Philadelphia, Pennsylvania, under a certificate of the Interstate Commerce Commission. There exists a considerable unity in ownership and 'operation between the two com- panies. They have the same individual acting as president, treasurer, and general manager, use an office in common, interchange employees and tickets of equal value. By bookkeeping transactions the indi- vidual corporate entities are kept intact. The Company carried 1,173,246 passengers in 1940, operating between 14 and 18 busses, with an operating revenue of $169,200.56. . The Company admits that it is engaged in interstate commerce within the meaning of the Act. 180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Transport Workers' Union of America, Local 209, is a labor or- ganization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Local 880, is a labor organization affili- ated .with the American Federation of Labor, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The T. W. U. A. requested the Company that it be recognized as the exclusive bargaining agent for the Company's employees but the Company refused to recognize any union until such union was cer- tified as exclusive representative of its employees by the Board. A statement of the Regional Director, introduced in evidence at the hearing, shows that the T. W. U. A. and the Amalgamated each represents a substantial number of the Company's employees in the unit found below to be appropriate for the purposes of collective bargaining.' ° We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I, above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. IT. W. U. A. submitted to the Regional Director 17 membership application cards in the South Jersey Industrial Council, which organization appears to have transferred its membership in this Company to T. W U A All cards bore apparently genuine signatures, of which 16 were names of persons on the Company's pay roll of June 4, 1941. The cards were dated between April 7 and May 2, 1941. The Amalgamated submitted to the Regional Director 23 application cards, all undated , 21 of which are for employees whose names appear on the Company 's pay roll of June 4, 1941 Of these, 15 have apparently genuine signatures while 6 have printed names The pay roll of June 4, 1941 . contains the names of 41 persons, WHITE HORSE PIKE BUS COMPANY, L C. V. THE APPROPRIATE UNIT 181 The T. W. U. A. and the Amalgamated agree, the Company did not oppose, and we find that all employees of the Company, including bus drivers,2 mechanics, washers and checkers, but excluding supervisory employees 3 and office personnel, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation, which has arisen can best be resolved by an election by secret ballot. The T. W. U. A. requests that eligibility be determined by the pay roll of May 3,1941. The Company and the Amalgamated request that the nearest pay-roll date preceding the date of the election should be used to determine eligibility. The T. W. U. A. stated as a reason for its request, that some of the workers left their employment, "due to the pressure that was put on by the Company" and have been replaced. No charges have been filed by the T. W. U. A. Under the circumstances we see no reason for departing from our customary practice and ac- cordingly, shall direct that those eligible to vote in the election shall be employees in the appropriate unit who were employed by the Com- pany during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in our Direction. 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 White Horse Pike Bus Company, Inc., and Atlantic City Bus Company, Audubon, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All employees of the Company including bus drivers, mechanics, washers and checkers but excluding supervisory employees and office personnel constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 2 This incudes Goodman who is also a part -time ticket agent. Conley is to be excluded as a "Leader of the Shop " representing the interests of management. 451269-42-vol. 34-13 182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Relations Act 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECrED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with White Horse Pike Bus Company, Inc., and Atlantic City Bus Company, Audubon, New Jersey, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the White Horse Pike Bus Company, Inc., and the Atlantic City Bus Company, Audubon, New Jersey, who were employed during the pay-roll period immediately preceding the date of this Direction of Election including bus drivers, mechanics, washers and checkers and employees who did not work during such pay-roll period because they were ill or on vaca- tion or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory employees and office personnel and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Transport Workers' Union of America, Local 209, affiliated with the Congress of Industrial Organizations, or by Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, Local 880, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.