New Mexico Transportation Co.

National Labor Relations Board - Board Decisions

Mar 16, 1945

60 N.L.R.B. 1242 (N.L.R.B. 1945)

In. the Matter of NEW MEXICO TRANSPORTATION COMPANY and
BROTHERHOOD OF RAILROAD TRAINMEN
Case No. 16-R-1174.-Decided March 16,1945
Muehller & Muehller, by Air. Harold E. Muehller, of Fort Worth,
Tex., for the Company.
Mr. Charles Luna, of Dallas, Tex., 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 New Mexico
Transportation Company, Roswell, New Mexico, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Elmer Davis, Trial Examiner.
Said hearing was held at Fort Worth, Texas, on February 21, 1945.
The Company and the Union appeared, participated, and were af-
forded 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 inthe case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
New Mexico Transportation Company is a New Mexico corporation
- with its principal office at Roswell, New Mexico. The Company is
engaged in the business of transporting passengers, baggage, mail,
and express as a common- carrier. The Company operates 8 regular
routes, 3 of which are from points within the State of Texas to points,;
60 N. L. R. B., No. 214.
1242
NEW MEXICO TRANSPORTATION COMPANY 1243
within the State of New Mexico. During 1944 the Company's gross
income amounted to about $1,299.5256, approximately 63 percent of
which was derived from interstate business. The Company regularly
operates 45 busses, all of which were purchased by it at points outside
the State of "New Mexico. The Company is a duly registered and
licensed carrier under the Motor Carrier Act of 1935.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
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 the exclusive col-
lective 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
evidence at the hearing, indicates that the Union represents a substan-
tial number of -employees in 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
We find in agreement with the parties, that all bus drivers, of the
Company,2 excluding administrative and clerical employees and all
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining, 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
' The Field Examiner reported that the Union presented 29 authorization cards. There
are approximately 35 employees in the appropriate unit.
2 The parties agree , and we find, that John Prickett and Don Frances are to be included
in the unit as bus drivers.
1244 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
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 RelatiohsAct,
and pursuant to Article III, Section 9, of National Labor Relations
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 New Mexico Trans-
portation Company, Roswell, New Mexico, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
vision 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 Regula-
tions, among the employees 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 Brother-
hood of Railroad Trainmen, for the purposes of collective bargaining.