Rose City Tours, Inc.

National Labor Relations Board - Board Decisions

Jan 10, 1951

92 N.L.R.B. 1254 (N.L.R.B. 1951)

In. the Matter of ROSE CITY TOURS, INCORPORATED , EMPLOYER and'
ROY E. VERMILLION, AN INDIVIDUAL, and BROTHERHOOD OF RAILROAD.
TRAINMEN, LODGE 196, INDEPENDENT , PETITIONER
Cases Nos. 36-RD-33 and 36-RC-518.Decided January 10, 1951
DECISION, ORDER, AND DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated hearing was held
in the above cases before Howard A. McIntyre, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in this case, the'Board finds:'
1. The Employer, an Oregon corporation with its only office and
place of business in Portland, Oregon, is engaged in the business of
conducting sightseeing tours in and around Portland. It maintains
5 employees on its payroll,' and operates 5 busses licensed as common
carriers by the State Public Utilities Commission and 2 limousines
licensed by the Interstate Commerce Commission as "Class II Common
Carriers." Although the limousines are, on occasion, used for inter-
state travel, the busses do not leave the State except when chartered
to another company. The Employer is a member of the American
Sightseeing Association which operates on a Nation-wide basis for the
purpose of advertising and promoting the tours of its 25 members
through the sale of prepaid ticket orders for sightseeing tours to
persons traveling in interstate commerce 2
The Employer's income for the past 12 months was approximately
$60,000, of which $600 was derived from 6 months' use of the limou-
sines in trips outside the State and $30,000 was derived from business
obtained through the Association from persons traveling in inter-
state commerce. The Employer collects and returns to railroad stations
and other transportation centers approximately 90 percent of the
customers obtained through the Association. The Employer esti-
mated that it annually purchases approximately $10,000 worth of
' The employees are drivers , of whom two have year-round and three have only tourist-
season employment.
2 The Employer also honors similar coupons issued by the Southern Pacific Railway,
Peck Judah Company of California, and the National Trailways Bus System.
92 NLRB No. 182.
1254
ROSE CITY TOURS, INCORPORATED 1255
advertising handled outside the State. Although all the operating
equipment, worth about $98,000, was manufactured and originally
purchased outside the State, no equipment was purchased during the
past 12 months.
These facts establish that the Employer's operations affect com-
merce within the meaning of the Act. Moreover, because the Em-
ployer operates a licensed public transit system, and because the char-
acter of its sales made through the Nation-wide association constitutes
the Employer a multistate enterprise, we find that it will effectuate
the policies of the Act to assert jurisdiction in this case.3
2. The Petitioner in Case No. 36-RD-33, an employee of the Em-
ployer, asserts that Taxicab Drivers Union, Local No. 281, affiliated
with the International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen & Helpers of America, AFL, herein called Taxicab Drivers,
is presently recognized by the Employer 'but is no longer the repre-
sentative of its employees, as defined in Section 9 (a) of the Act.
The Petitioner in Case No. 36-RC-518 and Taxicab Drivers are
labor organizations claiming to represent employees 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
4. The following employees of the Employer constitute- a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act: All drivers employed by the Em-
ployer, excluding office employees, guards, and supervisors as defined
in the Act.
ORDER
IT IS HEREBY ORDERED that the petition in Case No. 36-RD-33, be
and it hereby is, dismissed.
[Text of Direction of Elections omitted from publication in this
volume.]
See W. C. King, d/b/a Local Transit Lines , 91 NLRB 623, and The Borden Company,
Southern Division, 91 NLRB 628.
6 As the contract which recognizes the Taxicab Drivers as the sole collective bargaining
agent of the employees in the appropriate unit contains an invalid union-security provision,
we find no merit in the Taxicab Drivers' contention that it constitutes a-bar to a present
determination of representatives.
Because the issues raised in Case No. 36-RD-33 will be necessarily resolved in the elec-
tion directed in Case No. 36-RC-518, we shall dismiss the petition in Case No . 36-RD-33.
Atlas Cork Works , Inc., 88 NLRB 574.
5 As the tourist-season employees are only temporarily laid off , they are eligible to vote
in a current election . Accordingly we find no merit in the Intervenor 's contention that
an election should not be held at the present time.