Butler Motors, Inc.

National Labor Relations Board - Board Decisions

Jan 14, 1941

28 N.L.R.B. 1254 (N.L.R.B. 1941)

In the Matter of BUTLER MOTORS, INC., and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, AUTO MECHANICS LOCAL 701, A. F. OF L.
Case No. R-2212.-Decided January 14, 1941
Jurisdiction : automobile sales and servicing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : mechanics, helpers, and appren-
tices,at one of the Company's plants, with specified inclusions and exclusions.
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Mr. Don Burrows, Mr. Joseph B. McCarthy, and Mr. Frank J.
Carroll of Chicago, Ill., for the Union.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 19 and November 26, 1940, respectively, International
Association of Machinists, Auto Mechanics Local 701, A. F. of L.,
herein called the Union, filed with the Regional Director for the
Thirteenth Region (Chicago, Illinois) a petition and an amended
petition, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Butler Motors, Inc.,
Chicago, Illinois, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On November 28, 1940, 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.
On November 29 and December 5, 1940, respectively, the Regional
Director issued a notice of hearing and a notice of continuance of
bearing, copies of both of which were duly served upon the Company
and the Union. Pursuant to notice, a hearing was held on December
16, 1940, at Chicago, Illinois, before Charles F. McErlean, the Trial
28 N. L H B, No. 171
1254 -
BUTLER MOTORS, INC. 1255
Examiner duly designated by the Board. The Company and the
Union were represented by counsel who participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, 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 objections to the admission of
evidence. The Board has reviewed the rulings 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 FACT
1. THE BUSINESS OF THE COMPANY
Butler Mgtors, Inc., is an Illinois corporation, having an office
and principal place of business at 2500 South Michigan Avenue,
Chicago, Illinois; and other places of business at 2457-9 South Indi-
ana Avenue, Chicago, Illinois, 6101 Broadway, Chicago, Illinois, and
316 Madison Street, Oak Park, Illinois. At each of the above loca
tions, except the one on South Indiana Avenue, the Company is en-
gaged in the purchase, sale, and servicing of new and used automo-
biles. At its South Indiana Avenue location, which is the one here
mainly involved, the Company maintains its principal service and
parts departments.
The Company is the distributor of automobiles and parts manu-
factured by Hudson Motor Car Company, Detroit, Michigan, to deal-
ers and retail trade throughout a territory consisting of 22 counties
in Northern Illinois and Lake County, Indiana. From July 1, 1939,
to July 1, 1940, the Company purchased 6,624 cars, at an approximate
cost of $3,772,395. Of these cars, 5,154, having an approximate cost
of $3,404,998, were purchased outside the State of Illinois. During
the same period, the Company sold 355 cars, having an approximate
sales value of $245,525, to dealers outside the State of Illinois. About
90 per cent of the cars sold by the Company to its dealers are
delivered to the latter direct from Hudson Motor Car Company.
Most of the cars received by the Company are for its retail trade.
As part of the transaction of the sale of new cars, the Company
maintains an inspection service which is performed, after the sale and
delivery of such cars, at the service department on South Indiana
Avenue. In addition, about 15 percent of the work in the paint and
body shop at the South Indiana Avenue location is performed on
new cars prior to their sale.
Between July 1, 1939, and July 1, 1940, the Company also sold,
from its South Indiana Avenue location, parts and accessories having
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
an approximate value of $188,435. Of these,.about 90 per cent were
received by the Company from sources outside the State of Illinois
and approximately 5 per cent were sold to customers outside.the
State of Illinois.
H. THE ORGANIZATION INVOLVED
International Association of Machinists ,, Auto Mechanics Local
701, A. F. of -L., is a labor organization admitting to membership
auto mechanics , apprentices , and helpers.
III. THE QUESTION CONCERNING REPRESENTATION
The Union has requested the Company to bargain collectively with
it on behalf of employees at 2457-9 South Indiana Avenue. The
Company has refused so to bargain. From a statement of the Trial
Examiner made at the hearing, it appears that the Union represents
a substantial number of employees in the unit found below to be
appropriate for the purposes of collective bargaining.'
We find that a question has arisen concerning 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that the mechanics, helpers, and apprentices
at the Company's South Indiana Avenue plant constitute an appro-
priate unit for the purposes of collective bargaining. The Company
does not concede the appropriateness of a unit limited to employees at
South Indiana Avenue but, except as indicated below, does not oppose
a unit of mechanics, helpers, and apprentices. Although the Com-,
pang employs mechanics at its three other places of operation, it does
not appear that any of them are members of the Union or otherwise
,organized. Nor does there appear to be any interchange of mechanics
I There are approximately 15 employees within the appropriate unit. The Union sub-
mitted to the Trial Examiner 10 authorization cards , all of which , according to the Trial
Exaniinei ' s statement , are dated in the month July 1940 and appear to bear genuine,
original signatures, and 8 of which bear the names of employees in the appropriate unit
appearing on the Company 's pay roll of December 7, 1040.
BUTLER MOTORS, INC. 1257
among the four places of business . While under other circumstances
a unit consisting of mechanics, helpers, and apprentices at more than
one of the Company's locations might well be appropriate for the
purposes of collective bargaining , the existing extent of organization
among the mechanics, helpers, and apprentices employed by the Com-
pany precludes such a finding at this time , since to make such a
finding would be to deny to the mechanics , helpers, and apprentices
at the South Indiana Avenue location the right to bargain collectively
merely because a union, in so far as the record shows , has not as yet
secured authorizations from mechanics at other locations of the Com-
p•iny authorizing it to act as their representative . We find that a
unit ' limited to mechanics , helpers, and apprentices at the South
Indiana Avenue plant would make collective bargaining for them
immediately possible and insure to them the full benefit of their
right to self-organization and collective bargaining and otherwise
effectuate the policies of the act.
The parties agree and we find that the following employees at
the South- Indiana Avenue plant should be included in the appro-
priate unit : mechanics , mechanic machinist, trimmer, body and fender
man, painter , mechanics-motor and carburetor tune-up, auto-radio
repair and building maintenance man, and greaser . The Union
desires and the Company does not object to the exclusion from the
unit of the following employees : parts men, service manager, service
salesmen, office employees , supervisors , and night watchmen. These
employees will be excluded from the unit.
Porters. The Union seeks to exclude two porters from the appro-
priate unit; ,the Company, to include them. The porters drive
autos , change tires , charge batteries , act as janitors , and devote an
average of about 30 minutes per day to making minor mechanical
adjustments on cars. They are not eligible to membership in the
Union. Since the nature of their work differs substantially from that
of the other employees in the unit and they are not eligible to mem-
bership in the Union , we shall exclude the porters from the
appropriate unit.
Polisher-simonizer and car-washer. The Union also 'seeks to ex=
elude these employees from the appropriate unit; the Company to
include them . These employees are not eligible to membership in
the Union . They work in the body and paint shop and the nature
of their work is that which their names imply. A major part of the'
work of these employees precedes or follows other operations on
cars in the body and paint shop performed by the trimmer, body
and fender man, and painter , and is closely related to such opera-
tions. In view of the nature of their work and its close relationship
to that of other employees within the unit, the polisher-simonizer
and the car-washer will be included in the appropriate unit.
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that the mechanics, helpers, and apprentices, of the Com-
pany at its South Indiana Avenue plant, including mechanics, me-
chanic-machinist, mechanics-motor and carburetor tune-up, auto-radio
repair and building maintenance man, greaser, trimmer, body and
fender man, painter, polisher-sirrionizer , and car-washer, but excluding
porters, parts men, service manager, service salesmen, office employees,
supervisors, and night watchmen, constitute a unit appropriate for
the purposes of collective bargaining and that said 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 concerning representation which has
arisen can best be resolved by an election by secret ballot. At the
hearing the Union indicated that it desired that eligibility to vote
should be determined as of the date of the original petition herein.
We see no reason, however, to depart from our usual practice and
shall accordingly direct that those eligible to vote in the election shall
be the employees in the appropriate unit who were employed by
the Company during the pay-roll period immediately preceding our
Direction of Election, including employees who did not work during
such pay-roll period because- they were ill or on vacation and em-
ployees who were then or have since then been temporarily laid off;
but excluding those who have since quit or been discharged for cause.
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 Butler Motors, Inc., Chicago, Illinois,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the Act.
2. The mechanics, helpers, and apprentices of the Company at
its South Indiana Avenue plant, including mechanics, mechanic-
machinist, mechanics-motor and carburetor tune-up, auto-radio repair
and building maintenance man, greaser, trimmer, body and fender
man, painter, polisher-simonizer, and car-washer, but excluding por-
ters, parts men, service manager, service salesmen , office employees,
supervisors, and night watchmen, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
BUTLER MOTORS, INC. 125,9
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Libor 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Butler Motors, Inc., Chicago, Illinois, 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 Thirteenth 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 the mechanics, helpers, and apprentices of Butler Motors, Inc.,
at its South Indiana Avenue, Chicago, Illinois, plant, who were em-
ployed by the Company during the pay-roll period immediately pre-
ceding the date of this Direction, including mechanics, mechanic-
machinist, mechanics-motor and carburetor tune-up, auto-radio repair
and building maintenance man, greaser, trimmer, body and fender
man, painter, polisher-simonizer, car-washer, employees who did not
work during such pay-roll period because they were ill or on vaca-
tion, and employees who were then or have since been temporarily
laid off, but excluding porters, parts men, service manager, service
salesmen, office employees, supervisors, night watchmen, and ' those
who have since quit ' or been discharged for cause, to determine
whether or not they desire to be represented by International Asso-
ciation of Machinists, Auto Mechanics Local 701, A. F. of L., for the
purposes of collective bargaining.
CHAIRMAN HARRY A. MiLms took no part in the consideration of
the above Decision and Direction of Election.