Horace F. Wood Auto Livery Co.

National Labor Relations Board - Board Decisions

Mar 27, 1951

93 N.L.R.B. 997 (N.L.R.B. 1951)

HORACE F. WOOD AUTO LIVERY COMPANY 997
the employees laid off in the dyeing and finishing departments. The
Union contends that these employees have been only temporarily laid
Off because at the time of the hearing most of them were carried on
the Employer's quarterly master payroll sheet and were allowed to
continue their group hospitalization benefits. The Union's contention
is also based on the fact that none of the employees have been notified
that they have been finally terminated. It appears, however, that
the Employer has ceased its dyeing and finishing operations at Peace
Dale Mills and does not plan to rehire any employees in that depart-
ment. It appears further that the Employer has a general policy of
carrying all laid-off employees on its payroll sheets for several months.
The superintendent of Peace Dale Mills testified that the dyeing and
finishing employees might be recalled in the event openings developed
in the sponging department. There is no evidence that any such open-
ings are expected in the immediate future.
Under the circumstances, even assuming that the laid-off employees
in the dyeing and finishing departments will be recalled to any vacan-
cies which should occur, we are of the opinion that they have no rea-
sonable expectancy of reemployment in the near future. Accordingly,
we find them ineligible to vote in the election hereinafter directed.2
In accordance with the agreement of the parties we find that the
employees in the burling and mending departments who were laid off
in November 1950, were only temporarily laid off and therefore have
a reasonable expectancy of future employment with the Employer.
We therefore find them eligible to vote in the election hereinafter
directed.
[Text of Direction of Election omitted from publication in this
volume.]
2 The Fuller Automobile Company d/b/a The Fuller Automobile Company and Fuller
Manufacturing & Supply Company , 88 NLRB 1452.
HORACE F. WOOD AUTO LIVERY COMPANY 1 and BAKERY, LAUNDRY,
DAIRY EMPLOYEES AND SALES DRIVER'S LOCAL UNION 188, AFFILIATED
WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN & HELPERS OF AMERICA, AFL,2 PETITIONER.
Case No. 35-RC-445. March 07, 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 Harold V. Carey,
1 The correct name of the Employer appears as amended at the hearing.
2 The correct name of the Petitioner appears as amended at the hearing.
93 NLRB 160.
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 : 3
1. The Employer is an Indiana corporation maintaining its office
and principal place of business at Indianapolis, Indiana. It is en-
gaged principally in the transportation of passengers over an estab-
lished route between the Municipal Airport and various airline
offices located within the city under an agreement 4 with the municipal
authorities.5 This agreement permits the Employer to maintain a
booth, telephone, and dispatchers at the airport in furtherance of its
business.
During the past 12 months, the Employer purchased three vehicles
manufactured outside the State of Indiana at a cost of approximately
$9,500. Two of these vehicles were purchased from local dealers, the
other from a dealer in Toledo, Ohio. Although the Employer pur-
chased locally during the first 6 months of 1950 6 tires, gas, parts, and
other products, having a total value of $7,480, about 63 percent thereof
originated outside the State of Indiana.
The Employer employs a total of 22 employees in the operation of
12 limousines and busses of an elongated passenger-type carrying
7 to 10 passengers. During the 6-month representative period, the
Employer's vehicles made 8,200 trips, 92.9 percent of them to and
from the airport.' The Employer's gross income from this phase
of its activities was in excess of $45,000 for the 6-month period
referred to, or in excess of $90,000 on an annual basis.
The Employer contends that upon the facts as stipulated in the
record, its activities are essentially local in character and of such
relative insignificance that the policies of the Act would not be
effectuated by the assertion of jurisdiction in this case. For these
reasons it moves for the dismissal of the petition herein. We can-
3 The commerce facts hereinabove related are substantially the material facts as
stipulated to by the parties to this proceeding.
4 The agreement apparently does not bar access to the airport by other vehicles, such
as taxicabs, nor apparently does it bar the random pickup of passengers at the airport.
6 The Employer also operates a private local livery service for weddings, funerals,
picnics, social gatherings, and like functions.
C It was stipulated that the given figures of the Employer's operations would upon an
annual basis be twice the figures shown for the 6-month period.
4 Although the Employer is not regularly engaged in the transportation of passengers
to points outside the State of Indiana, the record discloses that in certain emergency
situations when air and other forms of transportation are not available, the Employer
has transported airline passengers to such points as Chicago, Illinois, and Cincinnati, Ohio.
This emergency service occurred 16 times during the 6-month period.
HATFIELD CAMPBELL CREEK COMPANY 999
not agree. We find that the Employer is engaged in interstate com-
merce within the meaning of the Act. Moreover, because it appears
that the Employer's operations are an essential link in services per-
formed by instrumentalities of commerce, we find that it will
effectuate the policities of the Act to assert jurisdiction in this case.8
The Employer's motion is accordingly denied.
2. The labor organization involved claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. 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: All chauffeurs employed by the
Employer at its Indianapolis, Indiana, plant, excluding all garage
men, office and clerical employees, guards, professional employees,
and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
fi See TV. C Ksng d /b/a Local Transit Lines, 91 NLRB 623; Slcyview Transportation Co,
et al, 92 NLRB 1664 ; Red Cab , Inc, 92 NLRB 175; Gastonaa Transit Company, 91
NLRB 894 See also Hollow Tree Lumber Company, 91 NLRB 635.
HATFIELD CAMPBELL CREEK COAL COMPANY and NATIONAL MARITIME
UNION OF AMERICA, CIO, PETITIONER. Case No. 9-RC-1037.
March 27, 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 William A. McGowan,
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 [Members Houston, Reynolds, and Styles].
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
employees of the Employer.'
2 The United Mine Workers of America , District 17, was permitted to Intervene at
the hearing on the basis of its contractual interest
93 NLRB No. 172.