P and B Transfer and Storage Co., Inc.

National Labor Relations Board - Board Decisions

Jun 24, 1944

56 N.L.R.B. 1647 (N.L.R.B. 1944)

In the Matter Of P AND B TRANSFER AND STORAGE CO., INC. and INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN
AND HELPERS OF AMERICA, LOCAL 667 (A. F. L.)
Case No. 15-R-110?--Decided June 24,1944
Mr. James 1,17. Wrape, of Memphis, Tenn., for the Company.
Messrs. John T. Biggers, James A. Swearingen, Lester Goings, and
Herman 0. Gerig, all of Memphis, Tenn., for the Union.
Mr. Joseph' C. Wells, of counsel to, the Board.
DECISION
AND
DIRECTION. OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Team-
sters, Chauffeurs , Warehousemen and Helpers of America , Local 667,
affiliated with American Federation of Labor,,herein called the Union,
alleging that a question , affecting commerce had arisen concerning the
representation of employees of P and B , Transfer ' and Storage ,Co.;
Inc., Memphis ; Tennessee , herein called the Company , the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Lawrence H. Whitlow, Trial Examiner . Said hear-
ing was held at Memphis , Tennessee , on May 27, 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 Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby , affirmed. All parties were afforded an opportunity
to file briefs with the,Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS, OF FACT
'I. THE BUSINESS OF THE CODIPANY
P and B Transfer and Storage Co:, Inc.,' a Tennessee corporation,
is engaged ,principally in the storage and transfer, by .motor vehicle
56 N. L. R. B., No. 295:
1647
d
1648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of goods and merchandise. In correlation with its principal business,
the Company packs and crates household goods, and transfers goods
and merchandise between railroad depots and between consignees or
consignors and railroad depots. In excess of 50 percent of the Com-
pany's revenue accrues from the handling of materials moving in
interstate commerce. ' . .
The Company has its principal offices at 419 Main Street, Memphis,
Tennessee, in a building which it also uses as a warehouse. All of its
employees work at or out-of this building or the railroad warehouse
located at 119 E. Calhoun Street, Memphis, Tennessee, except for
one mechanic who works at 130 E. Butler, Memphis, Tennessee, the
location of the Company's garage.
The Company admits that it is -engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local 667; affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III THE QUESTION CONOERNING REPRESENTATION
The Company has refused to grant recognition to the Union as -the
exclusive bargaining representative of its 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,
hearing, indicates that the Union represents a substantial number of
employees 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 to be appropriate a unit comprised of all em-
ployees of the Company except for clerical and supervisory employees.
The Company contends that the employees should be divided into
four units of drivers, helpers, checkers, and packers, respectively. The
Company further contends that the one mechanic employed by the
Company does not belong, properly in any of these units. There is
i The Field Examiner reported that the Union submitted 26 authorization cards ; that the
names of the 26 persons appearing on the cards were names of employees in the appropriate -
unit ; that the cards were dated as follows : 10 dated February 1944, 11 dated March 1944,
and 5 dated April 1944 ; and that there were 39 employees in the unit petitioned for
6
P AND B TRANSFER AND STORAGE CO., INC . 1649
no history of collective bargaining between the Company and its
employees.
Drivers operate the motor vehicles owned by the Company and
load, and unload these -'vehicles. Some of the employees, designated
by the Company as helpers, help the drivers load and unload the motor
vehicles, and the others are used as laborers at the warehouses to handle
freight. Checkers check incoming or outgoing freight. Packers pack
or crate household 'goods for transfer or storage. The mechanic
performs maintenance and repair work on the Company's motor
vehicles. Drivers are paid on a mileage or tonnage basis; helpers,
packers, and the mechanic on an hourly basis; and checkers are paid
a weekly salary. All of these employees are under the direct super-
vision of the operating executive and the secretary and treasurer of the
Company.
It is apparent from the above description that all, the employees in
question are manual workers performing interdependent functions.
We recently have approved 'a unit such as that here proposed, reject-
ing the contention that the employees should be divided among sepa-
rate units comprised, respectively, of drivers, helpers and others,
checkers, and mechanics.' We perceive no merit in the Company's
contention, and we are of the opinion that the appropriate unit in-
cludes all drivers, helpers, checkers, packers, and the mechanic.
We find that all ,employees of the Company, excluding clerical
employees and all supervisory employees with authority to hire, pro-
mote, 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 National Labor Relations Act.
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 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
Act, and pursuant to Article III, Section 9; of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
Y See Matter of 0 K Storage and Transfer Company, hic, 56 N . L R B 1521.
16,50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that , as part of ' the investigation to ascertain representa-
tives for the purposes of collective bargaining with P and- B Transfer
and Storage Co., Inc., Memphis, Tennessee, 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 super-
vision of the Regional Director , for the Fifteenth Region , acting in
,this matter as agent .for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11 , of said Rules and Regulations,
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 those employees who have since quite 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
and Helpers of America , Local 667, affiliated with the American Fed-
eration of Labor, for - the purposes of collective bargaining.