12 N.L.R.B. 121 (N.L.R.B. 1939)

Maloney Trucking and Storage, Inc

National Labor Relations Board - Board DecisionsApr 7, 1939

12 N.L.R.B. 121 (N.L.R.B. 1939)

In the Matter of MALONEY TRUCKING AND STORAGE, INC.; DENNIS SHEEN TRANSFER, INC.; DOUGLAS TRANSFER, INC.; LETELLIER TRANSFER, INC. ; ESTATE OF FRANK NEWFIELD, INC. ; REBECCA FA- BACHER, INC ., DOING BUSINESS UNDER TRADE NAME OF F8BACHER MOTOR EXPRESS Co.; SERVICE DRAYAGE Co., INC. ; MRS. MAUDE JOYNER CONWAY, ADMINISTRATRIX OF THE ESTATE OF ALBERT L. CONWAY, DOING BUSINESS AS ACME TRANSFER ; GEORGE J. HEFLER; CRESCENT FORWARDING & TRANSPORTATION COMPANY, LTD.; HA- MANNIS TRANSFER CO., INC.; ERNST BROS.; S. JACKSON & SON, INC.; RIVERSIDE TRANSFER , INC. ; HARVEY H. HUTH, DOING BUSINESS AS ST. CHARLES TRANSFER CO.; J. A. THOMAS, PROP., THOMAS TRUCK- ING AND FREIGHT FORWARDING ; A. L. TUCKER; R. BURKE, DOING BUSINESS AS VAUGHAN TRANSFER CO.; YOUNG'S TRANSFER, INC. ; FOLSE DRAYAGE, INC. ; ASSOCIATED MOTOR CARRIERS OF LOUISIANA, INC.; DuPur STORAGE AND FORWARDING CORPORATION; Louis LIND, DOING BUSINESS AS LIND TRANSFER; JOHNSEN'$ GENERAL DRAYAGE & HAULING and UNITED TRANSPORT WORKERS, LOCAL INDUSTRIAL UNION 806, AFFILIATED WITH THE C. I. O. Cases Nos. R-1200 to R-1212, inclusive, R-1214 to R-1924, inclusive, C-1150 to C 1158, inclusive, C-1160 to C-1163, inclusive, C-1165 to C-1171, inclusive, C-1159, and C-117$ CERTIFICATION OF REPRESENTATIVES April 7, 1939 On February 11, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election in the above-entitled proceeding.' The Direction of Election provided that an election by secret ballot be conducted within a period of not less than thirty (30) days nor more than forty-five (45) days from the date of the Direction among all employees of Maloney Trucking and Storage, Inc. ; Dennis Sheen Transfer, Inc. ; Douglas Transfer, Inc. ; Letellier Transfer, Inc. ; Estate of Frank Newfield, Inc. ; Re- becca Fabacher, Inc., doing business under trade name of Fabacher Motor Express Co.; Service Drayage Co., Inc. ; Mrs. Maude Joyner Conway, Administratrix of the Estate of Albert L. Conway, doing business as Acme Transfer; George J. Hefier; Crescent Forwarding 111 N. L. R. B. 173. 12 N. L. R. B.. No. 16. 0 122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD & Transportation Company, Ltd.; Hamann's Transfer Co., Inc.; Ernst Bros.; S. Jackson & Son, Inc.; Riverside Transfer, Inc.; Har- vey H. Huth, doing business as St. Charles Transfer Co.; J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding; A. L. Tucker; R. Burke, doing business as Vaughan Transfer Co.; Young's Transfer, Inc. ; Folse Drayage, Inc. ; Associated Motor Carriers of Louisiana, Inc.; Dupuy Storage and Forwarding Corporation; Louis Lind, doing business as Lind Transfer; and Johnsen's General Dray- age & Hauling; all of New Orleans, Louisiana, herein called the Com- panies, whose names appeared on the pay roll of one or more of the Companies during any week in the period from and including May 21, 1938, to June 21, 1938, expressly including all truck drivers, truck helpers, and truck loaders and unloaders paid on an hourly basis, except clerical, office, and general supervisory employees, and in- cluding the employees ordered reinstated or placed on a preferential list as a result of the Board's Order entered in this proceeding on February 11, 1939, and excluding any employees discharged to create vacancies for any employees ordered reinstated pursuant to the afore- said order, and excluding employees who had been discharged for cause or who had voluntarily resigned prior to the date of the said election , to determine whether such employees desire to be repre- sented for the purposes of collective bargaining by United Trans- port Workers, Local Industrial Union 806, affiliated with the Con- gress of Industrial Organizations, or by International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local 270, affiliated with the American Federation of Labor, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 23, 1939, at New Orleans, Louisiana, under the direction and supervision of the Regional Director for the Fifteenth Region (New Orleans, Louisiana). Full opportunity was afforded all parties to this investigation to participate in the conduct of the secret ballot and to make challenges. On March 25, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties an Interme- diate Report on the ballot. As to the balloting and its results, the Regional Director reported as follows : Total Number of Employees Eligible to Vote____________________ 845 Total Number of Votes Cast_____________________________________ 669 Total Number of Votes for International Brotherhood of Teamsters, Chauffeurs , Stablemen and Helpers of America , Local 270, affili- ated with American Federation of Labor______________________ 157 Total Number of Votes for United Transport Workers, Local Indus- trial Union 806 , affiliated with Congress of Industrial Organ- izations ________ ____________________ 477 MALONEY TRUCKING AND STORAGE, INC. 123 Total Number of Votes for Neither Organization__________________ 2 Total Number of Blank Ballots_________________________________ 3 Total Number of Void Ballots___________________________________ 0 Total Number of Challenged Ballots______________________________ 29 Total Number of Spoiled Ballots_________________________________ 1 Thereafter the International Brotherhood of Teamsters, Chauf- feurs, Stablemen and Helpers of America filed a protest to the elec- tion requesting that it be set aside on the ground that it did not truly reflect the desires of the men currently employed by the Com- panies because under the Direction those eligible to vote were all employees employed during any week in the period from and includ- ing May 21, 1938, to June 21, 1938. We find no merit in this con- tention since the eligibility date adopted by the Board in its Direc- tion was in exact accord with a stipulation entered into on January 26, 1939, by all the parties including the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local 270. Accordingly, the protest is hereby overruled and the request that the election be set aside is hereby denied. 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, 49 Stat. 449, 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 United Transport Workers, Local In- dustrial Union 806, affiliated with the Congress of Industrial Organ- izations, has been designated and selected by a majority of all em- ployees of the Maloney Trucking and Storage, Inc. ; Dennis Sheen Transfer, Inc. ; Douglas Transfer, Inc. ; Letellier Transfer, Inc. ; Estate of Frank Newfield, Inc. ; Rebecca Fabacher, Inc., doing busi- ness under -trade name of Fabacher Motor Express Co.; Service Drayage Co., Inc. ; Mrs. Maude Joyner Conway, Administratrix of the Estate of Albert L. Conway, doing business as Acme Transfer; George J. Hefler; Crescent Forwarding & Transportation Company, Ltd. ; Hamann's Transfer Co., Inc. ; Ernst Bros. ; S. Jackson & Son, Inc. ; Riverside Transfer, Inc. ; Harvey H. Huth, doing business as St. Charles Transfer Co.; J. A. Thomas, Prop., Thomas Trucking and Freight Forwarding; A. L. Tucker; R. Burke, doing business as Vaughan Transfer Co.; Young's Transfer, Inc.; Folse Drayage, Inc. ; Associated Motor Carriers of Louisiana, Inc. ; Dupuy Storage and Forwarding Corporation ; Louis Lind, doing business as Lind Transfer; and Johnsen's General Drayage & Hauling; including all truck drivers, truck helpers, and truck loaders and unloaders paid on an hourly basis, except clerical, office, and general supervisory em- ployees as their representative for the purposes of collective bargain- 124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing, and that pursuant to the provisions of Section 9 (a) of the Act, United Transport Workers, Local Industrial Union 806, affiliated with the Congress of Industrial Organizations, is the exclusive representa- tive of all such employees for the purposes of collective bargaining in respect of rates of pay, wages, hours of employment, and other conditions of employment.