Elm City Chevrolet, Inc.

National Labor Relations Board - Board Decisions

Apr 27, 1948

77 N.L.R.B. 358 (N.L.R.B. 1948)

In the Matter of ELM CITY CHEVROLET , INC., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS , PETITIONER
Case No. 1-RC-3.-Decided April 27, 1948
Mr. Thomas N. Weeks, of Waterville, Maine, for the Employer.
Mr. Harold F. Reardon, of Boston, Mass. , and Mr. Reginald T.
Anderson, of Lakewood, R. I., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Water-
ville, Maine, on January 7, 1948, before Thomas H. Ramsey, 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 the case, the National Labor Relations
Board 1 makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE EMPLOYER
Elm City Chevrolet, Inc., a Delaware corporation with its sole place
of business at Waterville, Maine, operates a retail sales and service
agency for Chevrolet and Oldsmobile automobiles, trucks, parts, and
accessories under franchises from the Chevrolet and Oldsmobile Di-
visions of General Motors Corporation. It also operates a general
auto repair service. During 1946, a representative period, the Em-
ployer purchased new automobiles in the aggregate value of $96,300,
all of which were received from outside the State of Maine; used cars
in the aggregate value of $25,300, all of which were purchased, as•trade-
ins, within the State; and parts and accessories in the value of $45,100,
which originated without the State of Maine but were shipped to the
Employer from within the State. During the same period, the Em-
t 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 f Chairman Herzog and Members Murdock and Gray].
77 N L. R. B., No. 54.
358
ELM CITY CHEVROLET, INC. 359
ployer sold new and used cars, parts, and accessories in the aggregate
value of $199,900, virtually all of which were sold to customers within
the State. The Employer finances some of its sales through a local
office of the General Motors Acceptance Corporation.
We find, contrary to its contention, that the Employer is engaged.
in commerce within the meaning of the National Labor Relations Act.,
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.,
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining 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. THE APPROPRIATE UNIT
We find, in accord with the agreement of the parties, that all em-
ployees of the automotive repair department, excluding executives,
office and clerical employees, parts men, guards, professional employees,
and supervisors as defined in the Act, 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 Elm City Chevrolet, Inc.,
Waterville, Maine, 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 First Region, and subject to Sections 203.61 and 203.62,
of National Labor Relations Board Rules and Regulations-Series 5,
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
Matter of Liddon White Truck Co, 76 N L R B 1181
360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented by International Association of
Machinists for the purposes of collective bargaining.