88 N.L.R.B. 572 (N.L.R.B. 1950)

Bill Daniels, Inc.

National Labor Relations Board - Board DecisionsFeb 8, 1950

88 N.L.R.B. 572 (N.L.R.B. 1950)

In the Matter of BILL DANIELS , INC., HALL-DODDS COMPANY, EM- PLOYERS and MECHANICS MOTOR CITY LODGE No. 698 INTERNATIONAL ASSOCIATION OF MACHINISTS , PETITIONER Cases Nos. 7-RC-757 and 7-RC-761 .Decided February 8, 1959 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed, a consolidated hearing was held before Harold L. Hudson, hearing officer.' The hearing officer's rul- ings 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-member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employers, Hall-Dodds Company and Bill Daniels, Inc., are authorized Ford and Lincoln-Mercury dealers, respectively, oper- ating sales and service businesses in the State of Michigan under the customary sales agreement with the Ford Motor Company. The Em- ployers contend that, because they are engaged in business solely within the State of Michigan and no substantial quantity of the products bought or sold by them flows directly across State lines, they are not engaged in operations affecting interstate commerce within the mean- ing of the Act. However, for the reasons advanced in Johns Brothers, Inc., et al., 84 NLRB 294, we find, contrary to the contention of the Employers, that each of the Employers is engaged in commerce within the meaning of the National Labor Relations Act. 1 The above-numbered cases were consolidated by order of the Regional Director, dated December 27, 1949. The Employers objected to the consolidated hearing in the above cases on the ground that they involve two separate Employers who are not in any way related or connected with each other. In view of the fact that there is no allegation or proof of prejudice to either of the Employers by reason of the consolidated hearing, we hereby over- rule the Employer 's objection. The units found are wholly separate. 88 NLRB No. 119. 572 BILL DANIELS, INC. 573 2. The labor organizations involved claim to represent certain em- ployees of the Employers. 3. Questions affecting commerce exist concerning the representation of certain employees of the Employers, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. 4. The appropriate unit : We find that all employees of each Employer individually and separately, excluding office and clerical employees, new and used car salesmen, administrative and professional employees, watchmen, su- perintendents, service managers, shop foremen, and all supervisors as defined in the Act, constitute separate appropriate units for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTIONS 2 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Bill Daniels, Inc., Dearborn, Michi- gan, and Hall-Dodds Company, Detroit, Michigan, respectively, separate elections by secret ballot shall be conducted as early as pos- sible but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Seventh Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the separate units found appropriate in paragraph numbered 4, above, who were employed during the payroll period immediately preceding the date of this Direction of Elections, including employees who did not work during said payroll period because they were ill or on vaca- tion or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, and also excluding employees on strike who are not entitled to reinstatement, to determine whether they desire to be represented, for purposes of collective bar- gaining, by Mechanics Motor City Lodge No. 698 International As- sociation of Machinists, or by United Automobile, Aircraft and Agricultural Implement Workers of America (UAW-CIO), or by neither. 2 Any participant in the separate elections directed herein may, upon Its prompt request to, and approval thereof by , the Regional Director , have its name removed from the ballot.