Denver Truck Exchange, Inc.

National Labor Relations Board - Board Decisions

Nov 8, 1948

80 N.L.R.B. 179 (N.L.R.B. 1948)

In the Matter of DENVER TRUCK EXCHANGE, INC., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL LODGE No. 606,
PETITIONER
Case No. 30-RC-87.--Decided November 8, 19.18
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Denver,
Colorado, on August 9 and 10, 1948, before J. K. Sullivan, 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 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 the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Denver Truck Exchange, Inc., a Colorado corporation, has its only
office and place of business in Englewood, Colorado, where it is en-
gaged in (a) the retail sale of new General Motors trucks, of used
trucks of all makes, and of parts and accessories; (b) the repair and
servicing of all makes of trucks; and (c) the sale of sports goods, boats,
motors, deep freezes, and household appliances.
During the calendar year 1947, the Employer's purchases exceeded
$450,000 in value. Of this amount, approximately $100,000 repre-
sented the purchases of new trucks, parts, and accessories. The trucks
were acquired under franchise from General Motors Corporation and
received either direct from the factory located outside the State or on
consignment through the General Motors branch office in Denver,
Colorado. The parts and accessories were mostly acquired through
* Reynolds , Murdock, and Gray.
80 N. L. R. B., No. 40.
817319-49-vol. 80-13 179
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the General Motors branch office in Denver. The Employer's total
purchases of used trucks exceeded $300,000 in value. Although prac-
tically all of these purchases were transacted at the Employer's place
of business, the record discloses that approximately 20 percent of such
purchases were made from individuals who had brought the trucks
into Colorado from other States.
During the same period, the Employer 's sales of new and used
trucks and services in connection therewith, having a total value in
excess of $500,000, were made and rendered to individuals, local firms,
or corporations at the Employer's place of business. About 30 percent
of the new trucks, valued at $9,100, and at least 24 used trucks com-
prising 10 percent of the used trucks sold by the Employer, were sold
to parties within the State with the understanding that such trucks
would thereafter be transported by the purchasers to points outside
the State. In addition to the foregoing, other trucks were sold within
the State by the Employer to trucking and moving concerns possessing
Interstate Commerce Commission licenses and primarily engaged
in interstate commerce. Many of the trucks serviced by the Employer
were also engaged in the transportation of goods in interstate
commerce.
Upon the basis of the foregoing, we find, contrary to the Employer's
contention, that it is engaged in commerce within the meaning of the
National Labor Relations Act.'
II. TILE ORGANIZATION INVOLVED
The Petitioner is an unaffiliated labor organization claiming to
represent employees of the Employer.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
representative of employees of the Employer until the Petitioner has
been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
We find, substantially in accord with the agreement of the parties,
that all employees in the Employer's service department engaged in
the maintenance , servicing , and repairing of trucks , including me-
3 Matter of Liddon White Truck Company , Inc., 76 N. L R. B 1181 , and cases cited
therein.
DENVER TRUCK EXCHANGE, INC. 181
chanics and apprentices, but excluding office, clerical, and professional
employees, guards, salesmen, janitors, gas attendants, partsmen, parts
runners, and all supervisors, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Denver Truck Exchange, Inc.,
Englewood, Colorado, 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 Seventeenth Region and subject to Sections 203.61
and 203.62, of National Labor Relations Board Rules and Regula-
tions-Series 5, as amended, among the employees in the unit found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation 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 election, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether or not they desire to be represented by
International Association of Machinists, Local Lodge No. 606, for
the purposes of collective bargaining.