O. K. Storage & Transfer Co., Inc.

National Labor Relations Board - Board Decisions

Jun 17, 1944

56 N.L.R.B. 1521 (N.L.R.B. 1944)

In the Matter of O. K. STORAGE & TRANSFER COMPANY, INC. and
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMAN & HELPERS OF AMERICA, LOCAL #667, AFFILIATED WITH
TIIE AMERICAN FEDERATION OF LABOR
Case No. 15-R-112-3.-Decided June 17, 1944
Mr. James W. Wrape, of Memphis, Tenn., for the Company.
Messrs. James A. Swearingen, Lester W. Goings, and J. L. Biggers,
of Memphis, Tenn., for the Union.
Mrs. Margaret L. Fassig, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon 'a petition duly filed by the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local
#667, affiliated with the American Federation of Labor, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of O: K. Storage & Trans-
fer Company, Inc., Memphis, Tennessee, herein called the Company,
the' National Labor Relations Board provided for an -appropriate
hearing upon due notice before Laurence H. Whitlow; Trial Ex-
aminer. Said hearing was held at Memphis, Tennessee, on May 6,
1944. 'The Company and the Union appeared and participated. All
parties 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 af-
forded an 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
O. K. Storage & Transfer Company, Inc., is a Tennessee corpora-
tion with its principal office and place of business located in Memphis,
56 N. L . It. B., No. 274.
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1522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Tennessee. It is engaged in transferring, storing and shipping house-
hold goods; and, pursuant to contract,, it furnishes to the Illinois
Central and the •Y. & M. V. Railroads, and to Sears, Roebuck & Co.,
pick-up and delivery service for parcel post mail, freight, and mer-
chandise.
The gross revenue of the Company for the year 1943 was approxi-
mately $277,000, of which $107,000 was derived from interstate moving.
The Company admits that it is engaged in commerce within the
meaning of the NationalLabor Relations Act.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers of America, Local #667, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company. I ^ '
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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 alleges that all employees of the Company except for its
office workers, superintendent, foreman, and others serving in a super-
visory, capacity, constitute an appropriate unit for collective bargain-
ing purposes. The Company contends that its employees should be
divided into four collective bargaining units as'follows: (1) drivers;
(2) helpers, loaders, and warehousemen; (3) checkers; and (4) me-
chanics and their helpers.
The Company's operations are conducted from three locations : its
warehouse which is the headquarters for its moving and storage busi-
ness, where checkers, helpers, loaders and warehousemen are sta-
tioned; the railroad depot, where checkers, loaders and helpers work;
j ' The Field Examiner reported that the Union submitted 30 authorization cards ; that the
Company's pay roll of April 20, 1944 , contained the names of 84 employees in the appro-
priate unit ; that the cards were dated : 20 in March 1944 and 10 in April 1944 ; and that
the approximate rate of turnover within the bargaining unit during the 6 -month period
preceding April 20, 1944, was 5 percent per month.
O. K. STORAGE & TRANSFER COMPANY, INC.. 1523
and the Sears, Roebuck & Co. establishment, where the- same classifi-
cations of employees are stationed. All'of the Company's trucks are
maintained in one garage wherein are employed four mechanics and
mechanics' helpers who service all the Company's automotive equip-
ment. The drivers all report to the garage each morning to pick up
their trucks and report back to the garage when their work-is finished.
,They are all engaged in similar work from all three points-of the Com-
pany's operations, although some drivers are regularly assigned to
either the railroad depot or the mail order house for, service.
The work of all the employees in 'each category is the same, irrespec-
tive of locale. All of the employees are paid oh any hourly basis with
the exception of the railroad pick-up and delivery drivers who are paid
on the basis of the hundred weight of freight handled, and the check-
ers who are\paid by the week. All are engaged in complementary work
and no category is functionally isolated from the others. The Union
has many contracts covering employees of other similar concerns in
this area in the type of unit it- seeks here. We think the appropriate-
ness of the single all-inclusive unit proposed by the Union is obvious,
and we can perceive no substantial justification for dividing the em-
ployees into the separate units proposed by the Company.
We find that all of the Company's employees excluding office clerical
employees, the superintendent, foreman, and all or any other super-
visory employees with authority to hire, promote, discharge, discipline,
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. - I `
V. -THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately, preceding the date of the Direction of Elec-
tion 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
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and, Regulations-Series 3, it is hereby
DIRECTED that, as part'of the investigation to ascertain representa-
tives for the purposes of collective bargaining with O. K. Storage &
Transfer Company, Memphis, Tennessee, an election -by secret ballot
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shall be conducted as early as possible, but not later than thirty (30)
days from the date of, this Direction, under the direction and super-,
vision'of the Regional Director for the, Fifteenth 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 vaca-
tion 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
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
& Helpers of America, Local #667, affiliated with the American Fed-
eration of Labor for the purposes of collective bargaining.
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