Rite Rate Cab Co., Inc.

National Labor Relations Board - Board Decisions

Aug 23, 1951

95 N.L.R.B. 1302 (N.L.R.B. 1951)

1302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
objection relating to its alleged lack of an opportunity to check the
eligibility list should be overruled.3
With respect to the Petitioner's second objection, namely that the
eligibility list used at the election was incorrect, this objection, as
indicated by the Regional Director in his report, is in the nature of a
post-election challenge, which presents no basis for setting aside the
election." Accordingly, we find this objection to be without merit.
As we have overruled the Petitioner's objections and as the Inter-
venor has secured a majority of the valid votes cast in the election, we
shall certify the Intervenor as the representative of the employees in
the unit found appropriate in the Board's Decision.
Certification of Representatives
IT IS HEREBY CERTIFIED that Federal Labor Union No. 2393)3, AFL,
has been designated and selected by a majority of the employees of
the Employer in the unit heretofore found by the Board to be appro-
priate, as their representative for the purposes of collective bargaiir-
ing and that, pursuant to Section 9 (a) of the Act, the said organiza-
tion is the exclusive representative of all the employees in such unit
for the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.
3Cf The Electric Controller cC Manufacturing Company, 71 NLRB 410
4N. L. R. B v A. J. Tower Company, 329 U. S. 324 See also Westinghouse IJlectric
Corporation , 91 NLRB 955 ; The Ann Arbor Press , 88 NLRB 391.
RITE RATE CAB COMPANY, INC. and TEAMSTERS, CIIAuI"11EU11S AND
HELPERS LOCAL #79, INTERNATIONAL BROTHERHOOD Or TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.,
PETITIONER
YELLOW CAB COMPANY OF ST. PETERSBURG, INC. and Ti;AJis,mlts,
CHAUFFEURS AND HELPERS LOCAL #79, INTERNATIONAL BRO'rIIER-
HOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HEIR-IRS Ole'
AMERICA, A. F. OF L., PETITIONER. Cases Nos. 10-RC-1255 and
10-RC-1256. August 23, 1951
Decision and Direction of Election
Upon separate petitions duly filed,' a consolidated hearing was held
before John S. Patton, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
'These cases were consolidaled by order of the Regional Director for the Tenth Region
on April 6, 1951.
95 NLRB No. 175.
RITE RATE CAB COMPANY, ' INC, 1303
. Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers.in connection with these cases to a three-
member panel [Members Houston, Reynolds, and Murdock].
Upon the entire record in these cases the Board finds :
1. The Rite Rate Cab Company, Inc., hereinafter called Rite Rate
Cab, and the Yellow Cab Company of St. Petersburg, Inc., herein-
after called Yellow Cab, are corporations organized and existing under
the Laws of the State of Florida. Both taxicab companies are en-
gaged primarily in public transportation and have their offices and
places of business in St. Petersburg, Florida. The majority stock-
holders of Rite Rate Cab own the controlling stock of Yellow Cab.
The majority of the members of the board of directors and officers of
Rite Rate Cab are also members of the board of directors and officers
of Yellow Cab. The taxicabs used by both companies are serviced
and maintained in a common repair and maintenance shop, the em-
ployees, of which are alternatively paid by Yellow Cab and Rite Rate
Cab. The taxi drivers of both companies qre under common super-
vision and utilize a common radio-dispatching service. Both com-
panies have the same personnel qualification requirements, and any
transfers of employees from one company to the other are made with-
out loss in seniority rights. Vacancies in either company May be filled
by promotion of a qualified person from the other company. Finally,
both companies have the same life insurance, hospitalization, and
safety bonus plans.
Because of the common ownership and control, the common inter-
ests and supervision of employees, we find that Rite Rate Cab and
Yellow Cab constitute a single employer for the purposes of this
proceeding.
Each Company, in addition to the taxicab service, operates a car
rental service 2 and engages in a.-sale of retail, gas and oil. Further-
more, Rite Rate Cab operates a limousine service and a sightseeing bus
tour, and Yellow Cab a storage garage.
Rite Rate Cab has-an agreement with the Florida Motor Lines Cor-
poration 3 granting it a terminal taxicab concession. Rite Rate Cab
and Yellow Cab jointly have an agreement with the Atlantic Coast
Line Railroad Company which grants certain exclusive privileges to
the taxicab companies, namely, the privilege of. soliciting passengers
for transportation in and about St. Petersburg from the railroad ter-
minal; and the privilege of parking taxicabs, maintaining a telephone,
and exhibiting a taxicab sign at designated points on the property
2 Rite Rate Cab and Yellow Cab have an agreement with Hertz Drivurself System, Inc.,
a nationally known operation , permitting them to use , among other things, the name,
"Hertz Drivurself System Licensee" in all of their car rental advertisements.
'The Florida Motor Lines Corporation was referred to throughout the hearing as the
Greyhound Bus Company.
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the railroad company. In consideration of the privileges granted,
both taxicab companies, in addition to the payment of a certain
amount of money, undertake to furnish adequate taxicab service to the
passengers of the railroad company. Both taxicab companies are re-
quired to post a bond for faithful performance of the covenants of
the agreement .4 Finally, both cab companies, on request, also service
passengers of the local airport.
During the year ending May 1, 1951, the total number of trips made
by Rite Rate Cab amounted to approximately 445,000, of which ap-
proximately 1,870 originated from the railroad terminal.' The total
revenue of Rite Rate Cab derived from the taxicab -service for the
fiscal year ending August 31, 1950, amounted to approximately $145,-
000, of which $950 represents revenue derived from the taxicab trips
made from the railroad terminal.
The total purchase of materials made by Rite Rate Cab during the
year ending August 31, 1950, amounted to approximately $81,000, of
which $1,012.50 was for goods shipped directly from out of State.
During the year ending May 1, 1951, Yellow Cab made approx-
imately 580,000 trips, of which 2,700 originated at the railroad com-
pany terminal . The Yellow Cab receipts from taxicab service for the-
year ending June 30, 1950, amounted to approximately $150,000, of
which $1,250 was derived from trips made from the railroad company
terminal.
During the same period, the purchase of materials by Yellow Cab
amounted to $93,000, of which $1,012.50 represents purchases shipped
directly from out of State. '-
• Thus it appears that during a period of a year the total revenue of
both taxicab companies from taxicab service amounts to approximately
$295,000, of which at least $2,200 6 is derived from servicing terminals
of interstate transportation carriers.
Upon these facts and the record as a whole, we find that the opera-
tions of Rite Rate Cab and Yellow Cab jointly, hereinafter called the
Employer, affect commerce within the meaning of the Act 7 Because
a portion of the Employer's business involves providing transporta-
4 The Employer urged at the hearing and in its brief that its agreement with the Atlantic
Coast Line Railroad Company is not, in fact, exclusive because other cab companies in
St. Petersburg service the railroad terminal in spite of the agreement. We do not believe
this to be material . The fact remains that these cab companies service terminals of.
interstate carriers.
6 The Rite Rate Cab operations are situated adjacent to the Florida Motor Lines bus
terminal . There are numerous other business concerns in the immediate area. According
to the testimony of the Employer , it is impossible to estimate the number of trips and
passengers that can be directly attributed to the Florida Motor Lines operations.
6 See footnote 5, supra.
4 We find no merit in the Employer 's contention that its operations fall within the
de minimis rule.
RITE RATE CAB COMPANY, INC.-, 1305
Lion services from two established terminals, concededly handling in-
terstate traffic, we are persuaded that the Employer's operations may
properly be regarded as an essential link in'the services performed by
these instruments of commerce. We therefore find that it will effectu-
ate the policies of the Act to assert jurisdiction over this Employer.8
2. The labor organization involved claims 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 Petitioner seeks separate units composed of all taxicab,
limousine, and truck drivers 9 of Rite Rate Cab and Yellow Cab, re-
spectively, excluding from both units office ' clericals, guards, profes-
sional employees, garagemen, washers, greasers, telephone and radio
operators, and all supervisors as defined in the Act.
The Employer, with an exception to be noted, does not contest the
'Composition of the units sought, but urges that .the Board find appro-
priate a single unit consisting of the employees of both Rite Rate Cab
and Yellow Cab.
Pursuant to our finding in paragraph numbered 1 that Yellow Cab
and Rite Rate Cab constitute a single Employer for the purposes of
this proceeding and for reasons there given, we find that the employees
of both taxicab companies properly constitute a single unit for the
purposes of collective bargaining.
We find that the following employees of the Employer employed at
its taxicab operations in St. Petersburg, Florida, constitute a single
unit appropriate for the purpose of collective bargaining within the
meaning of Section 9 (b) of the Act: All taxicab drivers including the
sightseeing bus driver,10 but excluding office clericals, professional em-
ployees, washers, greasers , telephone and radio operators, guards, and
all supervisors as defined in the Act.
[Text of Direction of Election omitted from publication in this
volume.]
$ See Red Cab, Inc., 92 NLRB 175; Lillian Jacobs, Byram Jacobs, Mary Harris, and
Tina Sorovieh, d/b/a Skyview Transportation Co.; Atlantic Taxi Corp.; Gulf Taxi Corp.;
Pacific Taxi Corp.; Northern Taxi Corp.; and Beacon Taxi Corporation , 92 NLRB 1664.
9 The Employer testified at the hearing that it does not employ limousine drivers, truck
drivers, or helpers. When necessary , regular cab drivers drive the limousines of the
Employer.
10 The Employer urges the exclusion of the sightseeing bus driver from the unit sought
by the Petitioner . We find, however , that in spite of differences in the mode of payment
and the duties performed by the sightseeing bus driver, as distinguished from the taxicab
drivers, the sightseeing bus driver has a community of interest with the employees included
in the unit , and we therefore shall include him..