Bell-Wyman Co.

National Labor Relations Board - Board Decisions

Oct 18, 1948

79 N.L.R.B. 1424 (N.L.R.B. 1948)

In the Matter of BELL-WYMAN COMPANY, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LODGE No. 1531 (IND.), PETI-
TIONER
Case No. 19-RC-1,35.-Decided October 18, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer, a Washington corporation, with its principal
place of business at Yakima, Washington, sells at retail automobiles,
trucks, auto accessories, household appliances, boats and outboard
motors, and also operates an automobile and truck maintenance and
repair shop. During the 6-month period ending June 30, 1948, its
sales were approximately $623,000, of which 1 percent was made
outside the State of Washington. During the same period, it bought
automobiles, trucks and other merchandise and supplies of the ap-
proximate value of $458,000. Fifty percent of such purchases was
received from sources outside the State of Washington; the balance
was purchased from local dealers, who in turn obtained such products
from points outside the State of Washington.
We find, contrary to the contention of the Employer, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.'
*Chairman Herzog and Members Houston and Reynolds.
1 See Matter of Lewiston Buick Company , 77 N. L. R. B. 375 ; Matter of Puritan Chevrolet,-
Inc., 76 N . L. R. B. 1243; Matter of Liddon White Truck Company, Inc., 76 N. L. R B.-
1186.
79 N. L. R. B., No. 191.
1424
BELL-WYMAN COMPANY 1425
2. The labor organization named below claims to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All employees of the Employer at its place of business in Yakima,
Washington, excluding office and clerical employees, parts men, car
and truck salesmen, guards, watchmen and supervisors as defined in
the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of Na-
tional Labor Relations Board Rules and Regulations-Series 5, as
amended, among the employees in the unit found appropriate in para-
graph numbered 4, above, who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, but exclud-
ing those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, and also excluding employees on strike who are not entitled to
reinstatement, to determine whether or not they desire to be repre-
sented, for purposes of collective bargaining, by International Asso-
ciation of Machinists, Lodge No. 1531 (Ind.).