Alden MacLellan, Inc.

National Labor Relations Board - Board Decisions

May 12, 1941

31 N.L.R.B. 762 (N.L.R.B. 1941)

In the- Matter of ALDEN MACLELLAN, INC. and LOCAL 1099, INTERNA-
TIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.',
Case No. R-2461.-Decided May 12,-1941
Jurisdiction : automobile selling industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until it is certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly paid, employees at the
Allentown, Pennsylvania and Bethlehem, Pennsylvania offices of the Company
i excluding executives, sales, and clerical employees, the service superintendent,
the service manager of the Bethlehem office, the used-car foremen, the parts
department manager at Allentown and a specifically named employee in the
parts department.
Mr. Harold A. But, of Allentown, Pa., for the Company.
Mr. Stanley N. Lentz, of Hazelton, Pa., for the Union.
Mr. William H. Bartley, of.counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 16, 1940, Local 1099, International Association of
Machinists, A. F. of L., herein called the Union, filed with the Re-
gional Director for the Fourth Region (Philadelphia, Pennsylvania)
a petition alleging that,a question affecting commerce had arisen
'concerning the representation of employees of Alden MacLellan, Inc.,
Allentown, Pennsylvania, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On March 5, 1941, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act, and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investigation
and authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
31 N. L. R. B., No. 127.
762
ALDEN MACLELLAN, INC. 763
On March 26, 1941, 'the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on April 8, 1941, at
Allentown, Pennsylvania, before Geoffrey J. Cunniff, the Trial Exam-
iner duly designated by 1the Chief Trial Examiner. The Company
was represented by counsel and the Union by its representative; both
participated in the hearing. Full opportunity to be heard, to exam-
ine and cross-examine witnesses and to introduce evidence bearing on
the issues was afforded all parties., During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the rul-
ings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACIP
1. THE BUSINESS OF THE COMPANY
The,Company, a Pennsylvania corporation with its principal office
at Allentown, Pennsylvania, and a branch office at Bethlehem, Penn-
Sylvania, 4 miles away, is engaged in the wholesale and retail sale of
new Dodge and Plymouth automobiles, used cars, parts, and acces-
sories, and in the repair of automobiles. , Its retail territory includes
4 Pennsylvania counties. All new cars sold during 1940 were pur-
chased-by the Company from a factory in Detroit, Michigan, and
were transported to Pennsylvania by trucks., The Company sold 781
cars at wholesale and 425 cars at retail in 1940, with a. total value of
$979,301.25. During the same period, it took in 825 used cars as
"trade-ins," with a value of $229,878.80. Of the 1,206 cars sold in
1940, 15 were purchased by persons living outside the State of
Pennsylvania.' The Company had a wholesale volume of parts and
accessories amounting to $22,695.20, and a retail volume of $29,457.57
during 1940. Approximately 90 per cent of these parts and acces-
sories calve to the Company by Railway Express from Detroit, Michi-
gan. The total retail sales of cars, parts, accessories, and repairs
for 1940 was $725,804.96, and the total wholesale sales was $614,186.84.
The pay roll for 1940 amounted to $57,718.06 for 60 employees.
II. THE ORGANIZATION INVOLVED
Local 1099, International Association of Machinists, is a labor
organization affiliated with the American. Federation of Labor, which
admits to membership employees of the Company.
I The president of the Company testified at the hearing that several of these 15 cars were
entirely for use within the State of Pennsylvania
764, DECISIONS OF• -NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union until it is certified
by the Board. • A statement of the Trial Examiner, introduced at
the hearing, shows that the Union represents a substantial number
of employees in the unit alleged by it to be appropriate.2
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON'
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
- The Union urges that a unit composed of all hourly paid em-,
ployees at the Allentown and Bethlehem offices of the Company,
excluding executives, sales, and clerical employees, the service super-
intendent, the service manager of the Bethlehem office,.the used-car
foremen, and the parts department manager at Allentown is appro-
priate for bargaining purposes. The Company first urged that all
employees on the pay roll should be included in the appropriate unit,
but during the hearing admitted that executives, sales, and clerical
employees,- and the service superintendent should be excluded. It
still contends, however, that the service manager of the Bethlehem
office, the used-car foremen, the parts department manager at Allen-
town, and Sasar Haake, an employee in the parts department, should
be included in the unit.
The unit which the Union asserts is appropriate, and with which
the Company, in the main, is satisfied, consists of machinists,
machinists' helpers, and apprentices. We shall consider the specific
groups sought by the parties to be included and excluded from the
unit.
The Service' Manager of the Bethlehem O,fce: The Union seeks
to exclude the service manager of the Bethlehem office, contending
that he is a supervisory employee. The Company desires his inclu-
sion. The service manager of the Bethlehem office supervises some
3 The Trial Examiner ' s statement shows that the Union has presented to him signed ap-'
plication cards of 14 employees whose names were on the Company's pay roll - of December-
16, 1940, all of which were dated between November 15, 1940, and December 22, 1940. The
statement also shows that 4 other employees , whose names appear on the same pay roll,'
were listed as paid-up members in the dues ledger record of the Union There are 60
employees in the Company 's 2 plants, 37 of whom are in the alleged appropriate unit.
ALDEN MACLELLAN , INC. 765
six or eight employees and his recommendations as to hiring and
discharging of these employees are accorded weight by the, Com-
pany's executives . We shall exclude him from the unit.
- . Used-Car Foremen : The Union 'contends that the two - used-car
foremen are supervisory employees and should be excluded from the
unit. The Company contends that these men spend much of their
time doing regular mechanical work, as well as their supervisory
duties, and that they should be included in ,the appropriate unit.-
Because of their supervisory powers and their power to recommend
hiring and discharging of employees , they are not eligible to mem-
bership in the Union . We shall exclude them from the unit.
Parts Department Employees : The Union contends that the parts
department manager and Sasar Haake, another parts department
employee , should be excluded from the unit because they are super-
visory employees and do work of a clerical nature. The Company
contends that these employees have no supervisory power, are hourly
paid, and have much in common with the machinists . The two men
handle parts in and out of bins and have certain disciplinary , powers.
Neither is eligible for admission ' to the Union . We shall exclude
them from the unit.
We find that all hourly paid employees at' the Allentown , Pennsyl-
vania, and Bethlehem, Pennsylvania , offices of , Alden MacLellan,
Inc., excluding executives , sales, and clerical employees , the service
superintendent , the service manager of the Bethlehem office; the
used -car foremen , the parts department manager at Allentown, and
Sasar Haake, an employee in the parts department , constitute a unit-
appropriate for the purposes of collective bargaining , and that such
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees,of the Company can best be resolved by an
election by secret ballot. We shall direct that the employees
eligible to vote shall be those employees in the appropriate unit
who were employed during the pay-roll' period immediately pre-_
ceding the date of the Direction -herein, subject to such limitations
and additions as are set forth in'the Direction of Election. '
Upon the basis of the above'findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Alden MacLellan, Inc., Allentown, Penn-
766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sylvania, within the meaning of Section 9• (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All hourly paid employees at the Allentown, Pennsylvania,
and Bethlehem, Pennsylvania, offices of Alden. MacLellan, Inc., ex-
cluding executives, sales' and clerical employees, the service super-
intendent, the service manager of the Bethlehem office, the used-car
foremen, the parts department manager at Allentown, and Sasar
Haake, an,employee in the parts department, constitute a unit ap-
propriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the _
Board to ascertain representatives for the purposes of collective
bargaining with Alden MacLellan, Inc.. Allentown, Pennsylvania,
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 supervision of the Regional Director for
the Fourth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of
said Rules and Regulations, among all hourly paid employees of
Alden MacLellan, Inc., employed at the Allentown, Pennsylvania,
and Bethlehem, Pennsylvania, offices, whose names appear on the
Company's pay roll for the period immediately preceding the date
of this Direction of Election, including any employees whd did not
work during said pay-roll period because they were ill or on vaca-
tion, or in the active military service or training of the United
States, or temporarily laid off, but excluding executives, sales and
clerical employees, the service superintendent at Allentown, the
service manager of the Bethlehem office, the used-car foremen, the
parts department manager, and Sasar Haake, an employee in the
parts department, and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by Local 1099, International Association of Machinists,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.