Mid-Continent Coaches, Inc.

National Labor Relations Board - Board Decisions

Nov 16, 1944

59 N.L.R.B. 300 (N.L.R.B. 1944)

In the Matter of MID-CONTINENT COACHES, INC. and BROTHERHOOD,
OF RAILROAD TRAINMEN
Case No. 16-R-1067.-Decided November 16, 1944
Mr. Harold E. Mueller, of Ft. Worth, Tex., for the Company.
Mr. Harlan Bell, of Oklahoma City, Okla., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Brotherhood of Railroad Trainmen,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Mid-Con-
tinent Coaches, Inc., Enid, Oklahoma, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Glenn L. Moller, Trial Examiner: Said
hearing was held at Oklahoma City, Oklahoma, on October 26, 1944.
The Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed . All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mid-Continent Coaches, Inc., is an Oklahoma corporation with its
principal office at Enid, Oklahoma. It is engaged in the transporta-
tion by motor vehicle of passengers, mail, and express to and from
points in the State of Oklahoma, Texas, and Kansas. The Company
receives about $30,000 monthly for that part of its services performed
-involving transportation, from one State to another State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
59 N. L. R. B., No. 63.
300
MID-CONTINENT COACHES, INC. 301
II. THE ORGANIZATION INVOLVED
Brotherhood of Railroad Trainmen is a labor organization, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the Union
is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees within the unit hereinafter found to be
appropriate."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all bus drivers of the Company, excluding
executives, maintenance employees, clerks, and supervisory employees,
constitute an appropriate unit. The Company takes no position with
respect to the unit. Evidence introduced at the hearing indicates
that the employees claimed by the Union constitute a well defined
homogeneous group.
We find that all bus drivers of the Company, excluding maintenance
employees, clerks, executives, and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in the
Direction.
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
1 The report of the Field Examiner shows that the Union submitted 27 authorization
cards. There are approximately 29 employees in the appropriate unit.
302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Mid-Continent
'Coaches, Inc., Enid, Oklahoma, 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 Sixteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Brotherhood of Rail-
road Trainmen, for the purposes of collective bargaining.
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