Greyhound Garage of Jacksonville, Inc.

National Labor Relations Board - Board Decisions

Jul 31, 1951

95 N.L.R.B. 902 (N.L.R.B. 1951)

902 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
two-plant unit is appropriate for collective bargaining purpose.,,
within the meaning of Section 9 (b) of the Act.
We find, therefore, that the following employees of the Employer
constitute a unit appropriate for collective bargaining purposes within
the meaning of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's two.
Pine Bluff, Arkansas, plants, excluding temporary employees," office
and clerical employees, engineers, watchmen and guards or police,
temporary construction workers, and supervisors.
5. The determination of representatives :
At the time of the hearing the Employer had a complement of about
40 employees at the plants involved. It was expected, however, that
during the peak season, culminating on November 1, about 100 more-
employees would be added for seasonal work. The same employees
are hired each year for this work. The parties agreed that they should
be deemed eligible to vote in the election, if employed at the time of
the election.
In view of the extreme seasonal fluctuation in the size of the em-
ployee complement at the plants involved, we shall, in accordance
with our usual practice in such cases, direct that the election herein
be held at or about the seasonal peak, on a date to be determined by
the Regional Director, among the employees in the appropriate unit
who are employed during the payroll period immediately preceding
the date of the issuance by the Regional Director of the notice of
election.
[Text of Direction of Election omitted from publication in this
volume.]
S The parties agreed to exclude as temporary emplo3ees all persons who had less than,
30 days ' continuous employment at the Pine Bluff plants
GREYHOUND GARAGE OF JACKSONVILLE, INC., PETITIONER and INIT:RNA-
T1ONAL ASSOCIATION OF MACHINISTS, GREYHOUND LODGE No. 759,
A. F. OF L.; AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAIL-
WAY AND MOTOR COACH EMPLOYEES, DIVISION 1238, A. F. OF L.;
TRUCK DRIVERS, WAREHOUSEMEN & HELPERS , LOCAL. UNION NO. 512,
INTERNATIONAL BROTIIERI-IOOD OF TEAMSTERS, CHAUFFEURS, WARE-
IIOUSEMEN & HELPERS OF AMERICA, A. F. or L. Case No. 10-RM-19.
July 31, 1951
Decision and Direction of Election
Upon a petition duly filed by the Employer, a hearing was held be-
fore Paul L. Harper, hearing officer of the National Labor Relations
95 NLRB No. 111.
GREYHOUND GARAGE OF JACKSONVILLE, INC. 903
Board.. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
A his case to a three-member panel [Members Houston, Reynolds,
and Styles'].
Upon the entire record in the case, the National Labor Relations
Board makes the following findings of fact :
1. The Employer. is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The following labor organizations claim to represent employees
,of the Employer:
International Association of Machinists, Greyhound Lodge No.
759, A. F. of L., herein called IAM.
Amalgamated Association of Street, Electric Railway and Motor
Coach Employees of America, Division 1238, A. F. of L., herein called
Amalgamated.
Truck Drivers, Warehousemen & Helpers, Local Union No. 512,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
,& Helpers of America,.;A. F. of E., herein called Teamsters.
3. The question concerning representation :
In July 1949, the Greyhound Corporation, with,the approval of the
Interstate Commerce Commission, dissolved Florida Greyhound
Lines, herein called Florida, which had been a wholly owned sub-
sidiary of Greyhound, and established it as a separate operating divi-
sion of the Greyhound Corporation, retaining its former name as trade
name, and serving the State of Florida. Its operations included a
;garage on Cleveland Street in Jacksonville, Florida.
Prior to January 1, 1951, Southeastern Greyhound Lines, herein
called. Southeastern, an independent 'corporation, operated bus lines
in southeastern United States as well as garages in a number of cities
in that area, including a garage on Vega Street in Jacksonville,
Florida. On October 3, 1950, the Interstate Commerce Commission
.authorized the acquisition of Southeastern by the Greyhound Cor-
poration, and as of January 1, 1951, Southeastern became one of Grey-
hound's operating divisions; retaining its former name as trade name,
and serving the routes formerly operated by Southeastern.
On April 3, 1951, Greyhound Garage of Jacksonville, Inc., the
Employer herein, was formed for the purpose of consolidating the
maintenance operations of the two Jacksonville garages operated by
"Southeastern, .and Florida, respectively. As the Vega.Street garage
offered better possibilities for expansion than the one on Cleveland
:Street, the Employer decided to purchase additional land adjacent to
.the VegaStreet garage and to build additional garage and shop facili-
'ties.there: "On the hearing date,'the Employer ; estimated that within
904 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
90 days, the operations of both garages will be completely consoli-
dated into one, at the Vega Street premises. On April 3, 1951, the
former employees of Florida at Cleveland Street as, well as those of
Southeastern at Vega Street became the employees of the Employer.
Since April 7, 1951, 10 employees .have been transferred from the
Cleveland Street to the Vega Street garage. All the other Cleveland
Street employees will be transferred there within the 90-day period.
Amalgamated has bargained with Southeastern since 1943 under
master agreements covering coach operators, maintenance employees,
terminal employees, and stewards. These agreements have been sys-
tem-wide, covering the southeastern area,' and have included all the
Vega Street employees in Jacksonville. The last such contract be-
tween Amalgamated and Southeastern was executed on December 11,
1950, effective November 1, 1950, and runs for a period of 3 years.
IAM has bargained with Florida since 1943 under master agree-
riients- covering maintenance employees, except cleaners. This con-
tract is also system-wide, extending throughout the State of Florida,
.. and includes the Cleveland Street employees in Jacksonville. The
last contract between IAM and Florida was executed December 13,
1950, for a 3-year period effective November 8,1950.
Teamsters has bargained with Florida since 1946 or 1947 under
agreements covering cleaners only, including the cleaners at the Cleve-
land Street garage in Jacksonville and at Florida's Miami garage.
- The last contract between Teamsters and Florida was executed
-November 24, 1950, for a 3-year' period.
JAM and Teamsters contend that their contracts are a bar to this
proceeding. The Employer takes the position that the creation of
the new corporation and the .consolidation of' operations of the two
garages into a single operation-have created a new appropriate unit,
and that therefore none of the three contracts is a bar to a present
determination of representatives. Amalgamated is in substantial
agreement with the Employer on the contract bar issue.
As a result of the acquisition of Southeastern and the resulting con-
solidation of the Jacksonville operations by the new corporation, the
employees formerly of Florida and Southeastern are now under unified
administrative control and supervision, and within 90 days will be
integrated into a single operating unit. Amalgamated which repre-
sents the Vega Street employees does not assert its contract as a bar.
As to the contention of JAM and Teamsters that their contracts cover-
ing the Cleveland Street garage are a bar, we are of the opinion that
the consolidated operations of the new corporate entity constitute a
completely new operation to which the agreements covering the Cleve-
land Street operation no longer apply? We therefore find the fore-
1 5t. Regis ' Paper Company, 84 NLRB 454; The Goodyear Tire d Rubber Company
(Special Products -Plant "C"), 80 NLRB 1347.
GREYHOUND GARAGE OF JACKSONVILLE, INC. '905
going contracts to be no bar to a present determination of representa-
tives?
We find that a question affecting commerce exists concerning the
representation of employees .of the Employer, within the meaning of
Section 9 (c), (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Employer contends that the appropriate unit should be one
consisting of all mechanics, helpers, apprentices, utility men, store-
keepers, greasers, cleaners, and other employees performing mainte-
nance work, including working foremen and supervisory specialists,
but excluding all clerical employees, professional employees, super-
visors, and other employees specifically excluded by the Act. Amal-
gamated agrees with this unit. IAM and Teamsters would exclude
cleaners from the unit of maintenance employees and establish a sepa-
rate unit for them.
The Employer is in the business of servicing, maintenance, and re-
pair of busses primarily engaged in the transportation of passengers.
Operations at the Jacksonville garages consist substantially of mainte-
nance work incidental to periodic inspections of busses, including
major and running repairs and servicing. Busses are brought in at
regular intervals for major and minor inspections. They are checked
and required repairs are made, the items designated for repair or other
work being listed on a check-list prepared by one of the mechanics. In
some instances body work or painting is also performed. Minor, in-
spections involve merely a check for necessary running repairs.
Cleaning is the last operation performed, whether the repair work is
major or minor.
As of April 7, 1951, there. were 100 employees in the Employer's em-
ploy who came under the coverage of the Amalgamated contract, all at
the Vega Street garage; 77 employees who came under the coverage of
the IAM contract, 67 of whom were at the Cleveland Street garage
and 10 already transferred to the Vega Street garage; and 17 cleaners
under the Teamsters' contract, all still at the Cleveland Street garage.
Of the first group of 100 employees, there were the following classifi-
cations : 49 mechanics, 6 apprentices, 18 helpers and greasers, 4 spe-
cialists, 6 storekeepers, 1 apprentice storekeeper, and 16 cleaners. Of
the second group of 77 employees, the classifications were : 43 me-
chanics, 3 utility men, 12 helpers, 2 apprentices, 10 working foremen,
and 7 storekeepers. The 16 cleaners under the Amalgamated contract
were bargained for as part of the system-wide unit, and the 17 cleaners
under the Teamsters' contract were bargained for as a separate unit.
2IAM also contended that the Interstate Commerce Commission had reserved jurisdic-
tioii for a period of 3 years over the employees of Southeastern, and that this constitutes:
an additional reason for dismissing this proceeding . The Board has held that such reserva-
tion of jurisdiction by the Interstate Commerce Commission does not affect the jurisdiction
of this Board over employees of an Employer . Continental Bus System, Inc., 84 NLRB 670.
906 DECISIONS OF` NATIONAL LABOR RELATIONS BOARD
At present there is a shop superintendent and a foreman over the
Cleveland Street garage and a shop superintendent and foremen over
the Vega Street garage. Both shop superintendents have already been
placed under the single, over-all supervision of Superintendent Grif-
fith and Maintenance Superintendent Hulen. At Cleveland Street
the cleaners are under the same immediate supervision as the other
employees. At Vega Street the cleaners are under the same immediate
supervision as the employees of the body shop and paint shop. When
the consolidation is completed, supervision on the level below Super-
intendent Griffith and Maintenance Superintendent Hulen will be
altered to conform to the new integrated structure.
.The only unit dispute among. the parties concerns the exclusion
or inclusion of the cleaners in the maintenance employees'. unit. The
record shows that the cleaners are the least skilled of the Employer's
employees; their hours of work are the same as those of the other
employees; they are paid at a Somewhat lower rate than the utility
men; at Cleveland Street they work in the same building with the
other employees and at Vega Street their work is done at an adjacent
building which, however, also houses the body and paint shops.. In
1949, following 7a consent election, the Board certified JAM as the
bargaining representative for Florida's maintenance employees, ex-
eluding the cleaners. As already indicated, the Teamsters bargained
for the cleaners in a separate, unit limited to cleaners only.
In view. of the administrative integration of the Employer's opera-
tions under a single unified direction, supervision, and control, and
the resulting consolidation • of the two Jacksonville garages into a.
single operating unit, we find a unit of all the Employer's maintenance
employees appropriate.3 We are also satisfied on the basis of the
entire record and the history of collective bargaining in the bus trans-
portation industry, that the cleaners properly belong in the unit of
maintenance employees. The work of the cleaners, is part of -the-.,
general maintenance and" repair work done in the Employer's garages.
The cleaners share the same hours and working conditions as the
other employees, and clearly have a community of interest with them.
.Moreover, it is apparent that the cleaners have no craft or depart-
mental characteristics which would warrant their separation into a
-unit limited to their classification.5
Accordingly, we find that the following employees of the Employer
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act: ,
8 Metals and Controls Corporation, 71 NLRB 936 ; Atlas Powder Company, 62 NLRB
1179. .
4 Jersey City and Lyndhurst Bus Company , 49 NLRB 1087.
5 The fact that the parties agreed in a consent election to exclude the cleaners from the
unit of Florida 's maintenance employees is not binding on the Board. See Peoples Life
Insurance Company, 72 NLRB 1406.
ARNOLD HOFFMAN. & CO., INCORPORATED 907
All mechanics, helpers, apprentices, utility men, storekeepers, greas-
ers, firemen, cleaners, and other employees performing maintenance
work for the Employer, including working foremen and supervisory
specialists," but excluding clerical employees, professional employees,
guards,, and supervisors.
['Text of Direction of Election omitted from publication in this
volume.]
6 The "supervisory specialists" according to the record are the same as working fore-
men, and the parties were in agreement as to their inclusion.
ARNOLD HOFFMAN & CO., INCORPORATED and TEXTILE WORKERS
UNION OF AMERICA, CIO, PETITIONER. Case No. 1-RC--146. July
31,1951
Decision and Direction of Election
Upon a.petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Sidney A. Coven, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial. error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer -is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa
tion of employees of the Employer within the meaning of Section 9 -
(c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit : -
Contentions of the Parties
The Petitioner and the Chemical Workers seek a unit consisting of
all production 'and maintenance employees excluding certain cate-
gories of employees among whom are salaried and standard paid.
employees, laboratory employees, draftsmen and warehousemen and.
I Local 526, International Brotherhood of Teamsters ,' Chauffeurs, Warehousemen and
Helpers of America, A . F. of L ., hereafter called the Teamsters and International Chemical
Workers Union, hereafter called the Chemical Workers, were permitted to Intervene upon
the showing of sufficient Interest In the proceeding.
95 NLRB No. 85.