Gemco Automotive Center #507

National Labor Relations Board - Board Decisions

Aug 17, 1972

198 N.L.R.B. 950 (N.L.R.B. 1972)

950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Global Automotive Enterprises d/b/a Gemco Auto-
motive Center # 507 and Automotive Teamsters &
Chauffeurs , Local 165, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Petitioner. Case
20-RC-10503
August 17, 1972
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY MEMBERS FANNING, KENNEDY, AND
PENELLO
Pursuant to a Stipulation for Certification Upon
Consent Election executed by the parties on Febru-
ary 15, 1972, an election by secret ballot was
conducted in this proceeding on March 7 under the
direction and supervision of the Regional Director
for Region 20. At the conclusion of the election, the
parties were furnished a tally of ballots in accordance
with National Labor Relations Board Rules and
Regulations. The tally showed that of approximately
two eligible voters, both cast ballots; one was for the
Petitioner and one was void. Thereafter, the Employ-
er and the Petitioner filed timely objections.
Pursuant to the National Labor Relations Board
Rules and Regulations, Series 8, as amended, the
Regional Director conducted an investigation of the
objections and, on May 2, 1972, issued and served
upon the parties his Report on Objections, in which
he recommended that Employer's Objection 2 and
the Petitioner's objections be overruled and that the
petition be dismissed without prejudice. Thereafter,
the Petitioner filed exceptions to the Regional
Director's report and a supporting brief.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board finds:
1. The Employer is engaged in commerce within
the meaning of the Act, and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing representation of employees of the Employer
within the meaning of Sections 9(c)(1) and 2(6) and
(7) of the Act.
4. The parties stipulated, and we find, that all
In the absence of exceptions , we adopt the Regional Director 's report
overruling Employer's Objection 2 and Petitioner 's Objection 3 pro forma
automotive service center employees employed at
Gemco Automotive Center #507, 2505 Riverside
Boulevard, Sacramento, California, performing
brake, front end, muffler, and automotive parts
installation work, excluding the service center man-
ager, office clericals, guards, watchman, and supervi-
sors within the meaning of the Act, constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act.
5. The Board has considered the entire record in
this proceeding, including the Regional Director's
Report and the exceptions and brief, and, contrary to
the Regional Director, overrules Employer's Objec-
tion 1.1
As noted above, two voters were eligible to
participate in the election. Both cast ballots; howev-
er, one of the ballots was unmarked and was ruled
void. The tally of ballots indicated that a majority of
valid votes plus challenged ballots had been cast for
the Petitioner. The Employer objected that the
Petitioner could not be certified since only one vote
was cast for it. The Regional Director agreed, finding
that the election was not representative, in reliance
on Firestone Tire & Rubber Co., 57 NLRB 868.
In Firestone only one of approximately four eligible
voters cast a ballot and the Board concluded that the
election was not representative. We view this
proceeding as being the polar extreme from that case.
Here all the eligible voters participated in the
election.2 That one of them chose not to express an
opinion does not alter the fact of his participation. A
second election might yield a different result, but it
could not be more representative.
As the tally of ballots shows that the Petitioner has
received a majority of the valid ballots cast, we shall
certify it as the collective-bargaining representative
of the employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVE
IT IS HEREBY CERTIFIED that a majority of the valid
ballots has been cast for Automotive Teamsters &
Chauffeurs, Local 165, International Brotherhood of
Teamster, Chauffeurs, Warehousemen and Helpers
of America and that, pursuant to Section 9(a) of the
National Labor Relations Act, as amended, the said
labor organization is the exclusive representative of
all the employees in the unit found appropriate
herein for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment,
or other conditions of employment.
2 As distinguished from the situation in Kit Manufacturing Company, 198
NLRB No 131, where only one of the two eligible voters cast a ballot
198 NLRB No. 128