G & D Radiator Service

National Labor Relations Board - Board Decisions

Dec 16, 1948

80 N.L.R.B. 1308 (N.L.R.B. 1948)

In the Matter of G & D RADIATOR SERVICE AND TERRILL-PHELPS
CHEVROLET CO., INC., EMPLOYER and INTERNATIONAL ASSOCIATION
OF MACHINISTS, LOCAL LODGE 1316, PETITIONER
Case No. 17-RC-80.-Decided December 16, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing in the above case was held
before a hearing officer of the National Labor Relations Board. 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-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. G & D Radiator Service, herein called the Employer, is engaged
in the repair of automobile radiators and the sale of automobile parts.
The Employer is a wholly owned subsidiary of Terrill-Phelps
Chevrolet Co., Inc., a Missouri Corporation. During the past year
the Terrill-Phelps Chevrolet Co., Inc., purchased automobiles and
parts valued in excess of $500,000, of which approximately 5 percent
was received directly from sources outside the State of Missouri. Dur-
ing the same period the Terrill-Phelps Chevrolet Co., Inc., made sales
valued in excess of $500,000, of which approximately 5 percent was
made to out-of-State customers.
Contrary to the Employer's contention, we find that it 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.
3. No question of representation exists concerning the representa-
tion of the employees of the Employer within the meaning of Section
* Reynolds , Murdock , and Gray.
3 Matter of Crown Shoe Manufacturing Company, 79 N L. R. B . 721 ; Matter of Atlanta
Brick & Tale Co., 79 N. L. R. B. 756.
80 N. L. R. B., No. 198.
1308
G & D RADIATOR SERVICE 1309
9 (c) (1) and Section 2 (6) and (7) of the Act, for reasons herein-
after stated.
4. Petitioner seeks a unit consisting of all radiator mechanics, help-
ers, and apprentices, including leadmen, employed by the Employer,
excluding all other employees and supervisors as defined by the Act.
The Employer is in substantial agreement with the unit contention
but contends that there is only one eligible employee in the unit
involved.
The Petitioner seeks a unit consisting of a foreman 2 and a mechanic.
The foreman is in complete charge of the shop at all times, and is
visited by his superiors on infrequent occasions 3 Besides supervising
the work of the other employee, and occasionally engaging in mechan-
ical works, the foreman's duties include the handling of orders, esti-
mates of cost, and collections for work performed. In return, he
receives a higher weekly salary than his subordinate, and in addition,
a commission on parts sold and a bonus for volume of work completed
above a specified level. The evidence further reveals that the fore-
man has been given the authority to hire and discharge employees.
From the foregoing, and upon the entire record in the case, we find
that Whitehead is a supervisor who, under the provisions of Section
2 (3) of the Act, is not an employee.4 Since the unit consists of only
one employee, we find in accordance with established principles that
the unit sought is inappropriate.5 We shall, therefore, dismiss the
petition.
ORDER
The National Labor Relations Board hereby orders that the peti-
tion for investigation and certification of representatives of employees
of G & D Radiator Service and Terrill-Phelps Chevrolet Co., Inc.,
Springfield, Missouri, filed by International Association of Machin-
ists, Local Lodge 1316, be, and it hereby is, dismissed.
2 Richard Whitehead.
+ The record indicates that officers of Terrill -Phelps Chevrolet Co., Inc., visit the shop
once a week at the most.
4 Matter o f Valier & Spies Milling Co ., 78 N. L. R. B. 211 ; Matter of Royal Tallow
& Soap Co., 78 N. L. R. B. 834.
E Matter of Pacific Car and Foundry Company, 73 N. L. R. B. 211 ; Matter of Firestone
Tire & Rubber Company, 76 N. L. R. B. 226.