Pacific Greyhound Lines

National Labor Relations Board - Board Decisions

Mar 10, 1939

11 N.L.R.B. 1070 (N.L.R.B. 1939)

In the Matter of PACIFIC GREYHOUND LINES and AMALGAMATED Asso-
CIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EM-
PLOYES OF AMERICA
In the Matter Of PACIFIC GREYHOUND LINES and BROTHERHOOD OF
RAILROAD TRAINMEN
Cases Nos. R-926 and R-9,97, respectively
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
March 10, 1939
In the above-entitled proceedings, the National Labor Relations
Board, herein called the Board, issued on October 29, 1938, a Deci-
sion and Direction of Elections,' on November 10, 1938, an Amend-
ment to Decision and Direction of Elections,2 and on December 14,
1938, a Second Amendment to Decision and Direction of Elections.'
The Direction of Elections, as so amended, provided that separate
elections by secret ballot be conducted within ninety (90) days from
the date of the Direction, under the direction and supervision of the
Regional Director for the Twentieth Region, among employees
within each of the following groups, who were in the employ of
Pacific Greyhound Lines, San Francisco, California, herein called the
Company, on June 15, 1938, and who had not since quit or been dis-
charged for cause: (a) bus drivers, to determine whether they desired
to be represented by Amalgamated Association of Street, Electric
Railway and Motor Coach Employes of America, herein called the
Amalgamated, or by Brotherhood of Railroad Trainmen, herein
called the Brotherhood, for the purposes of collective bargaining, or
by neither; and (b) station and clerical employees, exclusive of ex-
ecutives and supervisors, to determine whether or not they desired
to be represented by the Amalgamated for the purposes of collective
bargaining.
19 N. L. R. B. 557.
2 9 N. L. R. B. 578.
10 N. L. R. B. 659.
11 N. L. R. B., No. 92.
1070
PACIFIC GREYHOUND LINES ET AL. 1071
Pursuant to the Decision and Direction of Elections, as amended,
an election by secret ballot was conducted among the bus drivers of
the Company from December 15 to December 28, 1938, under the
direction and supervision of Alice M. Rosseter, Regional Director
for the Twentieth Region (San Francisco, California). Full oppor-
tunity was accorded to all parties to the election to participate therein
and to make challenges. Thereafter, on January 5, 1939, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, herein
called the Rules and Regulations, issued, and on January 6, 1939,
served upon the parties to these proceedings, an Intermediate Report
Upon Secret Ballot, in which she made the following findings with
respect to the results of the election :
Number of votes for Amalgamated Association of Street,
Electric Railway and Motor Coach Employes of America__ 227
Number of votes for Brotherhood of Railroad Trainmen____ 364
Number of votes for neither of above organizations---------- 14
Total number of ballots counted____________________________ 605
Number eligible to vote____________________________________ 664
Number of blank ballots____________________________________ 0
Number of void ballots_____________________________________ 3
Number of challenged ballots 4______________________________ 11
On January 10, 1939, the Amalgamated filed with the Regional
Director an Objection and Protest To Intermediate Report Upon
Secret Ballot upon various grounds heretofore considered by the
Board in the Decision and Direction of Elections and in the Second
Amendment to Decision and Direction of Elections, and further, for
the reason that an ineligible voter had acted as an observer at two
polling places, Medford and Portland, Oregon, in contravention of
the rules governing the election. Subsequently on the basis of an in-
vestigation the Regional Director reported to the Board with respect
to such observer that he had acted as captain of observers and not as
an observer and that no challenged ballots had been cast nor protests
made at either Portland or Medford, Oregon; and that, accordingly,
said Objection and Protest in that regard and otherwise raised no
substantial or material issue with respect to the conduct of the ballot.
We concur in this report of the Regional Director and find that the
Objection and Protest To Intermediate Report Upon Secret Ballot
raises no substantial or material issue with respect to the conduct
of the election held among the bus drivers of the Company. No
objections or protest to the ballot or to said Intermediate Report
were made or filed by the other parties to the proceedings.
4 Since the challenged ballots would not affect the result of the election , they were not
counted.
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the month of January 1939, and within the time prescribed,
the Regional Director, acting pursuant to the Decision and Direction
of Elections, as amended, conducted by mail and in person an elec-
tion by secret ballot among the station and clerical employees of the
Company, exclusive of executives and supervisors. Full opportunity
was accorded to all parties to this election to participate therein and
to make challenges. Thereafter, on February 1, 1939, the Regional
Director, acting in accordance with Article III, Section 9, of the Rules
and Regulations, issued and on February 2, 1939, served upon the
parties to said election, an Intermediate Report Upon Secret Ballot,
in which she made the following findings relative to the results of
the election :
Number eligible to vote------------------------------------- 284
Number of votes counted for Amalgamated Association of
Street, Electric Railway and Motor Coach Employes of
America-------------------------------------------------- 130
Number of votes counted against Amalgamated Association of
Street, Electric Railway and Motor Coach Employes of
America-------------------------------------------------- 132
Total number of votes counted------------------------------- 262
Number of blank ballots------------------------------------- 1
Number of void ballots-------------------------------------- 6
Number of challenged ballots-------------------------------- 2
In said Intermediate Report the Regional Director further found
and reported that the two challenged ballots had been duly challenged
by an agent of the Board on the ground that they had been cast by
persons occupying supervisory positions; and accordingly, the Re-
gional Director concluded that they should not be counted. No ob-
jections or protest to the ballot or to this Intermediate Report were
made or filed by any of the parties. The results of the election show
that no collective bargaining representative has been chosen by a
majority of the station and clerical employees of the Company, ex-
clusive of executives and supervisors.
In the Second Amendment to Decision and Direction of Elections,
the Board stated : 5
The Board will ascertain and determine the appropriate unit
or units and representative or representatives upon the basis of
the results of the elections directed, in accordance with the fol-
lowing principles, anything in the Decision and Direction of Elec-
tions to the contrary notwithstanding: If a majority6 of the bus
drivers vote for the Brotherhood in the election directed in the
X10 N. L It. B. 659.
° The Second Amendment states by way of footnote :
All majorities herein referred to must be such under the rules governing elections
laid down in our prior decisions.
PACIFIC GREYHOUND LINES ET AL. 1073
Direction of Elections, as amended heretofore and herein, among
the employees in group (a)7 therein, the Board will determine
that the bus drivers of the Company constitute a unit appropriate
for the purposes of collective bargaining, and the Board will
certify the Brotherhood as the duly chosen representative of that
unit. If a majority of the bus drivers vote for the Amalgamated
in said election directed among employees in said group (a), and
if a majority of the employees in the election directed in the
Direction of Elections, as amended heretofore and herein, among
employees in group (b) 8 therein, vote for the Amalgamated, then
the Board will determine that the bus drivers, and station and
clerical employees, exclusive of executives and supervisors of the
Company constitute an appropriate bargaining unit, and the
Board will certify the Amalgamated as the duly chosen repre-
sentative of that unit. In the event the Brotherhood secures a
majority vote in the said election among bus drivers and the
Amalgamated does likewise in the said election conducted among
the remainder of the employees, by virtue of this fact, the Board
will certify the Amalgamated as the exclusive bargaining repre-
sentative of the station and clerical employees, exclusive of ex-
ecutives and supervisors. Lastly, if a majority of the bus drivers
in the election directed among them vote for the Amalgamated,
but a majority of the remaining employees in the other election
directed do not vote for the Amalgamated, the Board will de-
termine that the bus drivers constitute a unit appropriate for the
purposes of collective bargaining, and the Board will certify the
Amalgamated as the duly chosen representative of that unit.
The results of the two elections show that the petitions for investiga-
tion and certification filed by the Amalgamated should, and, therefore,
shall be dismissed.
Upon the entire record in the case, the Board makes the following:
SUPPLEMENTAL FINDING OF FACT
We find that the bus drivers of Pacific Greyhound Lines, San Fran-
cisco, California, constitute a unit appropriate for the purposes of
collective bargaining and that said unit will insure to employees of
Pacific Greyhound Lines the full benefit of their right to self-organiza-
tion and to collective bargaining and otherwise will effectuate the
policies of the Act.
7 The reference to the employees in "group (a)" relates to those employees among whom
the election above of December 15 to 28, 1938, was conducted.
g The reference to the employees in "group (b)" relates to those employees among
whom the election above in January 1939 was conducted
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above finding of fact and upon the entire record
in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSION OF LAW
The bus drivers of Pacific Greyhound Lines, San Francisco, Cali-
fornia, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen has
been designated and selected by a majority of the bus drivers of Pacific
Greyhound Lines, San Francisco, California, as their representative
for the purposes of collective bargaining, and that, pursuant to the
provisions of Section 9 (a) of the Act, Brotherhood of Railroad
Trainmen is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
ORDER
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY ORDERED , that the petitions for investigation and certi-
fication of employees of Pacific Greyhound Lines, San Francisco,
California, filed by Amalgamated Association of Street, Electric Rail-
way and Motor Coach Employes of America, and each of them, be,
and they hereby are, dismissed.