Cab Service & Parts Corp.

National Labor Relations Board - Board Decisions

Dec 5, 1955

114 N.L.R.B. 1294 (N.L.R.B. 1955)

1294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing of Section 9 (b) of the Act: 2 All janitors, elevator operators, and
maintenance employees employed at the Employer's office building
located at 750-760 Main Street, Hartford, Connecticut, but excluding
guards, watchmen, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
2 The unit appears as stipulated by the parties.
Cab Service & Parts Corporation and District #15, Inter-
national Association of Machinists, AFL, and Local 917,
International Brotherhood of Teamsters , AFL, Joint Peti-
tioners. Case No. 2--RC-7815. December 5,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act a hearing was held before Arthur Goldberg,.
hearing officer. 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-member panel [Chairman Leedom and Members
Peterson and Rodgers].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.'
2. The labor organization named below claims to represent certain
employees of the Employer.2
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 meaning
of Section 9 (b) of the Act : 3
All employees employed at the Employer's New York, New York,
taxicab maintenance and parts plant as automotive maintenance and
1 Because the Employer 's operations concededly satisfy the Board's current standards
for asserting jurisdiction, we find no merit in the Employer's contention that the Board
should refuse to assert jurisdiction inasmuch as the Employer is affiliated with a local
taxicab company over whose operations the Board has heretofore refused to assert
jurisdiction.
2 We find no merit in the Employer 's contention that the authorization cards used for
the Petitioners' showing of interest were made out not to the Petitioners but to the Joint
Organizing Committee for the Automotive Industry, AFL. The cards unequivocally state
that the Committee acts on behalf of the Petitioners. We have previously held such
designation of an agent or parent organization a valid designation to an affiliate. Cf.
General Shoe Corporation, 113 NLRB 905.
a The unit appears substantially as stipulated by the parties at the bearing.
114 NLRB No. 211.
GENEVA FORGE, INC. 1295
service employees, including porters, parts department, stockroom,
and shipping and receiving employees, shop clerical employees, and
drivers, but excluding all office employees, salesmen, watchmen,
guards, professional employees, and supervisors as defined in the Act.
[Text of Direction of Election 4 omitted from publication.]
'The record does not indicate to what extent the Respondent 's operations were shut
down as a result of a strike of all the employees in the unit herein which commenced on
August 10, 1955, and was still in progress as of the date of the hearing . If the Employer's
operations continued during the strike or were resumed by the date of this Decision, the
usual eligibility date shall be used. If operations were closed down at the time of the
strike and have not resumed , the payroll period immediately preceding August 10, 1955,
the stipulated date, shall be used. See Tanners A ssociation of Fulton County, Inc.,
87 NLRB 211, 214, Chase-Shaxvmutt Company, 71 NLRB 610, 612.
Geneva Forge , Inc. and International Association of Machinists,
AFL, Petitioner. Case No. 3-RC-1594. December 6,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Hymen Dishner, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The Petitioner, the International Association of Machinists,
AFL, is a labor organization claiming to represent certain employees
of the Employer. However, the Employer contends that the Inter-
national Association of Machinists, Organizing Committee-Geneva
Forge Workers, herein called the Committee, is also a labor organiza-
tion within the meaning of the Act and must comply with Section 9
(f), (g), and (h) of the Act before the Board may process the instant
petition. In this connection, the Employer made an offer of proof
which was rejected by the hearing officer and it subsequently filed a
motion either to remand for further hearing or, in the alternative, to
dismiss the petition.
The record shows that the Committee is a group of employees who
voluntarily solicited cards for the Petitioner and also appeared as
signatory on a letter addressed to Geneva Forge workers. The letter
stated that a majority of the employees had signed the Petitioner's
authorization cards, and that an election had been requested of the
Board. It also solicited further authorization cards. The Committee
1 The Employer challenges the showing of interest with respect to currency, sufficiency,
and authenticity. Showing of interest, however, is an administrative matter not litigable
by the parties. We, therefore, reject the Employer's contention.
114 NLRB No. 198.