Gilmore Motors, Inc.

National Labor Relations Board - Board Decisions

Oct 31, 1958

121 N.L.R.B. 1672 (N.L.R.B. 1958)

1672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3 By discriminating against Roy Archer because of nonmembership it the Coun-
cil, or in any affiliated local thereof, Respondent encouraged membership in the
Council and its constituent locals, thereby engaging in an unfair labor practice
within the meaning of Section 8 (a) (3) of the Act
4 By causing the Employer to discriminate against Archer, the Council engaged
in and is engaging in an unfair labor practice within the meaning of Section 8 (b)
(2) of the Act
5 By executing and keeping in effect a contract invalidly conditioning employ-
ment on membership in the Council or one of its affiliated locals, the Employer has
engaged in and is engaging in unfair labor practices within the meaning of Section
8 (a) (3) of the Act and the Council has engaged in unfair labor practices within
the meaning of Section 8 (b) (2) of the Act
6 By the aforementioned acts, the Employer has interfered with, restrained, and
coerced employees in, the exercise of their rights guaranteed by Section 7 of the Act,
thereby engaging in unfair labor practices within the meaning of Section 8 (a) (1)
of the Act, and the Council has restrained and coerced employees in the exercise
of such rights, thereby engaging in unfair labor practices within the meaning of
Section 8 (b) (1) (A) of the Act
7 The unfair labor practices aforesaid affect commerce within the meaning of
Section 2 (6) and (7) of the Act
[Recommendations omitted from publication
Gilmore Motors, Inc. and General Drivers, Salesmen and Ware-
housemen 's Local Union #984, International Brotherhood of
'Teamsters, Chauffeurs, Warehousemen & Helpers of America
and International Association of Machinists , District Lodge
#135, AFL-CIO, Joint-Petitioners. Case No 32-RC-1110 Octo-
ber 31, 1958
ORDER GRANTING MOTION AND REVOKING
CERTIFICATION OF REPRESENTATIVES
On April 21, 1958, the Board issued separate Decisions and Direc-
tions of Electron in the above-entitled proceeding and in Corbitt
Motors, Inc, Case No 32-RC-1109 (unpublished) finding appropri-
ate identical units of service department employees of the Employers
Pursuant thereto, elections were held to determine whether or not the
employees desired to be represented by the Joint-Petitioners In the
instant case, the Joint-Petitioners won the election by a 10 to 5 major-
ity, and on May 22, 1958, the Acting Regional Director issued the ap-
propriate certification of representatives In Corbett Motors, Inc,
the Joint-Petitioners lost the election by a vote of 31 to 1, and on
May 22, 1958, the Acting Regional Director issued an appropriate
certification of results of election
On or about July 1, 1958, Gilmore Motors, Inc, purchased the en-
tire sales, service, and parts business of Corbitt Motors, Inc, and
transferred the operation to its place of business, reemploymg 28 of
the 31 employees of Corbitt's service department Thereafter, on Sep-
tember 10, 1958, Gilmore, filed a motion to revoke the certification of
representatives of May 22, 1958, and a supporting brief, on the
121 NLRB No 206
GILMORE MOTORS, INC. 1673
grounds that there has been a substantial increase in the size of the unit
due to the addition of the former employees of Corbitt, substantially
all of whom had recently rejected the Joint-Petitioners as their bar-
gaining representative. A copy of the Employer's motion was served
on the Union and no response has been filed thereto.
[The Board granted the Employer's motion and revoked the certi-
fication of representatives issued on May 22, 1968.]
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