Granger Motor Co.

National Labor Relations Board - Board Decisions

Sep 30, 1949

86 N.L.R.B. 336 (N.L.R.B. 1949)

In the Matter of K. A. GRANGER, D/B/A GRANGER MOTOR COMPANY,
EMPLOYER and INTERNATIONAL AssoclArloN OF MACHINISTS, DIS-
TRICT LODGE 8 7, LOCAL LODGE 1309, PETITIONER
Case No. 00-RC-589.-Decided September 30, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed , a hearing was held before Eugene K.
Kennedy, 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The business of the Employer :
The Employer is engaged in the operation of a service and repair
station, used car lot, and automobile sales agency in Madera, Cali-
fornia. The Employer is a franchise holder for sale of Buick auto-
mobiles. It also sells and installs replacement parts and accessories
for all types of vehicles.
During the year 1948, the Employer purchased new cars valued in
excess of $75,000; and during the same year , its gross sales of parts,
used cars and new cars , and receipts from the service and repairing
of automobiles amounted to more than $450,000. Of this amount,
in excess of 25 percent represented the sales of new cars. All the new
cars are shipped from the Buick assembly plant at Southgate, Cali-
fornia. Basic manufacture of these cars takes place in Flint,-
Michigan.
The Employer makes no sales outside the State of California.
The Employer contends that its new car business is separate from
its used car and service and repair business , and that, for such reason,
the new car sales should not be considered in the determination of
whether or not the Employer is engaged in commerce within the mean-
ing of the Act. Employer concedes that the new car sales and the
service and repair department are in the same building and that the
86 N. L. 11. B., No. 44.
336
GRANGER MOTOR COMPANY 337
entire business operates under one owner and under the salve manage-
ment. From the record, it is plain that the various operations of the
Employer together constitute an integrated whole, essential for an
effective and successful business.
Contrary to the contention of the Employer, we find that it is en-
gaged in commerce within the meaning of the Act.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer at its Madera, Cali-
fornia, plant, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act :
All shop employees including the partsmen, but excluding the office
and clerical employees, salesmen, and all supervisors as defined in
the Act.'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, and election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the employees
in the unit found appropriate in paragraph numbered 4, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction of Election, 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 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, for purposes of collective bar-
gaining, by International Association of Machinists, District Lodge
87, Local Lodge 1309.
See Matter of Kaljian Chevrolet Company, 82 N. L. R. B. 978, and cases cited therein.
z Employer has an ex-serviceman on its pay roll in training for a supervisory position.
This employee is an "on-the-job" trainee under the veterans training program, and is at
present referred to as the assistant service manager. However, Employer states that
this employee has no power to discipline or hire or fire or make any recommendation with
reference to a change of status of any employee. His work consists of routine transmittal
of directions. We shall include the assistant service manager in the unit found appro-
priate. See Matter of The Peal Manufacturing Company, 80 N. L. R. B. 827.