Reading Transportation Company And Amalgamated Association Of Street, Electric Railway, And Motor Coach Emiployes Of America, 45 (1939)

In the Matter of READING TRANSPORTATION COMPANY and AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY, AND MOTOR COACH EMIPLOYES OF AMERICA Case No. R-869 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES February 7, 1939 On December 1, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.1 The Direction of Election provided that an election by secret ballot be conducted within thirty (30) days from the date of the Direction among employees of Reading Transportation Company, Philadelphia, Pennsylvania, employed as motorbus drivers, including those persons employed on the 'extra board' and the 'combination board', during the pay-roll period including April 4, 1938, but excluding those who had quit or had been discharged for cause since April 4, 1938, to determine whether they desired to be represented by Amalgamated Association of Street,

Electric Railway, and Motor Coach Employes of America or Brotherhood of Railroad Trainmen, for the purposes of collective bargaining.

The Brotherhood of Railroad Trainmen, herein called the B. R. T., filed an informal written protest dated December 10, 1938, to the above-mentioned Decision and Direction of Election, which protest the Board on December 15, 1938, overruled by Order herein. On or about December 21, 1938, and again on or about December 29, 1938, the B. R. T. filed further protests, which protests were essentially the same as the protest overruled.

In substance, the B. R. T. protested the holding of the election on the ground 2 that there were not included among the classifications eligible to vote certain employees, notably truck drivers, who under existing arrangements with the Company enjoy certain seniority 2 The protest of December 29, 1938, states as the reason: 'certain men are disfranchised who are holding seniority rights and appear upon the one and only seniority roster in effect which governs the standing of all bus and truck drivers of Reading Transportation Company.'

rights entitling them, upon various contingencies, to be considered for positions within such classifications. This matter was considered by the Board in its Decision and Direction of Election and again in its ruling upon the first protest of the B. R. T. We see no reason for departing from our original Decision in this respect. The second and third protests are hereby overruled.

Pursuant to the Decision and Direction...