Henry Levaur, Inc.

National Labor Relations Board - Board Decisions

Nov 28, 1939

17 N.L.R.B. 1034 (N.L.R.B. 1939)

In the Matter Of HENRY LEVAUR, INC. and INTERNATIONAL ASSOCIATION'
OF MACHINISTS , LOCAL #1017 (A. F. L.)
In the Matter of COLT-BRADY COMPANY a7id' INTERNATIONAL
ASSOCIATION OF MACHINISTS, LOCAL #1017 (A. F.*L:)
In the Matter of BRADBURN MOTORS COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LOCAL #1017 (A. F. L.)
Cases Nos. C-1369, C-1370, and C-1371, inclusive, respectively.-
Decided November 28, 1939
Automobile and Automobile Parts and Accessories Sales Industry-Settlement.-
Stipulations providing for compliance with Act, reserving right to contest juris-
diction in respect to commerce--Jurisdiction : upheld-Order: entered oa.
stipulations.
Mr. Benjamin E. Gordon, for the Board.
Mr. Allan Seserman, of Boston, Mass., for the respondents.
Mr. Reginald T. Anderson, of Lakewood, R. I., and Mr. Paul Hutch-
ings, of Washington, D. C., for the I. A. M.
Mr. Herbert B. Galton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by International'
Association of Machinists, Local #1017 (A. F. L.), herein called the-
I. A. M., the National Labor Relations Board, herein called the Board,.
by the Acting Regional Director for the First Region (Boston, Massa-
chusetts), issued and duly served its separate complaints, dated June
21, 1939, against Henry Levaur, Inc., herein called Levaur, Colt-Brady
Company, herein called Colt-Brady, and Bradburn Motors Company,.
herein called Bradburn, herein collectively called the respondents,.
alleging that the respondents had engaged in and were engaging in
unfair labor practices affecting commerce within the meaning of
Section 8 (1) and (5) and Section 2 (6) and (7) of the National Labor-
Relations Act, 49 Stat. 449, herein called the Act.
17 N. L. R. B., No. 101.
1034
HENRY LEVAUR, INCORPORATED 1035
Concerning the unfair labor practices, the complaints alleged in
substance that the I. A. M. had been designated as collective bargain-
ing representative by a majority of the respective respondents' em-
ployees in appropriate units consisting of employees engaged in the
service, repair, maintenance, painting, and body-fixing of new and
used automobiles and trucks, and parts, accessories, and equipment
thereof, excluding executives and supervisors, of each of the respond-
tents, that the respondents refused to bargain collectively with the
I. A. M. and refused to recognize the I. A. M. as the exclusive repre-
sentative for the purposes of collective bargaining of all the employees
in the said units, and that the respondents interfered with, restrained,
and coerced their employees in the exercise of the rights guaranteed in
.Section 7 of the Act. The complaint further alleged that on or about
May 1, 1939, the I. A. M. called a strike against the respondents be-
cause of the above-mentioned refusals. The respondents filed answers
,denying the commission of the alleged unfair labor practices.
On June 23, 1939, the Board, acting pursuant to Article II, Section
:37 (b), of National Labor Relations Board Rules and Regulations-
;Series 1, as amended, issued and duly served its order consolidating
the three,cases for the purposes of hearing and for all other purposes.
Pursuant to notice, a hearing was held on July 6, 7, 8, 10, 18, 21, and
22, 1939, at Providence, Rhode Island, before James C. Paradise, the
Trial Examiner duly designated by the Board. The Board and the
respondents were represented by counsel, and the I. A. M. by a repre-
sentative thereof. All participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded to all parties. Counsel
for the respondents moved to dismiss the complaint on the ground
that the Board was without jurisdiction to hear and determine any of
the matters set forth in the complaint because the respondents were
not engaged in commerce within the meaning of the Act. The Trial
Examiner reserved ruling on this motion which we hereby deny.
During the hearing, the Trial Examiner made several rulings on mo-
tions and objections to the admission of evidence. The Board has
reviewed these rulings and finds that no prejudicial errors were com-
mitted. The rulings of the Trial Examiner are hereby affirmed.
On September 7, 1939, the respective respondents, the I. A. M., and
counsel for the Board entered into the'following stipulations in settle-
ment of the issues involving the unfair labor practices :
STIPULATION
It is hereby stipulated by and between Henry Levaur, Inc.,
hereinafter referred to as the Respondent, the International
Association of Machinists, Local #1017, affiliated with the Ameri-
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
can Federation of Labor, hereinafter referred to as the Union,
and Benjamin E. Gordon, Attorney, National Labor Relations
Board, that :
I. Upon amended charge duly filed by the Union, the National
Labor Relations Board, by Edward Schneider,, Acting Regional,
Director for the First Region (Boston, Massachusetts), acting
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, 49 Stat. 449, hereinafter referred to as the
Act, and acting pursuant.to its Rules and Regulations-Series 1,
as amended, Article IV, Section 1, issued its complaint and notice
of hearing on June 21, 1939, against Henry Levaur, Inc., Respond-
ent herein.
II. Copies of the complaint and notice of hearing thereon;
amended charge, and National Labor Relations Board Rules and
Regulations-Series 1, as amended, were duly served upon the
Respondent and the Union on June 22, 1939, said hearing being
scheduled for June 29, 1939, at 10 A. M. (E. D. S. T.), in the
Grand Jury Room, Federal Building, Providence, Rhode Island:
On June 23, 1939, the National Labor Relations Board ordered
that Case No. I-0-1096 be consolidated for the purpose of hearing
and for all other purposes with Cases Nos. I-0-1097 and I-C-1098,
and copy of the Order of Consolidation was duly served upon the
Respondent and the Union on June 27, 1939.
On June 28, 1939 notice of postponement of hearing was duly
issued and served upon the parties by A. Howard Myers, Regional
Director for the First Region, National Labor Relations Board,
postponing the hearing from June 29, 1939 to July 6, 1939, at 10
A. M. (E. D. S. T.), in the Small Court Room, Federal Building,
Providence, Rhode Island.
Respondent's answer to the complaint was filed July 6, 1939.
The hearing was in session on July 6, 7, 8, 10, and 18, 1939, when
it was recessed to July 21, 1939.
III. Respondent is and has been since on or about May 12,
1937 a corporation organized under and existing by virtue of the
laws of the State of Rhode Island, and is now and has continu-
ously been engaged at a place of business at 201 Broad Street, in
the City of Providence, County of Providence, State of Rhode
Island, in the sale, distribution, exchange, service and repair of
new and used automobiles and trucks, and parts, accessories and
equipment thereof.
IV. International Association of Machinists, Local #1017,
affiliated with the American Federation • of . Labor, is a labor
organization within the meaning of Section 2, subdivision (6) of
the said Act.
HENRY LEVAUR, INCORPORATED 1037
V. All employees of Respondent engaged in the service, repair,
maintenance, painting and body fixing of new and used auto-
mobiles, and trucks, and parts, accessories and equipment thereof,
excluding executives and supervisors, constitute a unit appropri-
ate for purposes of collective bargaining within the meaning of
Section 9 of the said Act.
VI. It is hereby agreed by and between the parties -that the
Union is and has been since on or about November 1, 1938 the rep-
resentative for purposes of collective bargaining of a majority
of the employees in the unit described in Paragraph V hereof.
VII. On July 6, 1939 the Union called off its strike, referred
to in Paragraph 8 of the Complaint issued on June 21, 1939,
against Respondent and Respondent has reinstated to their former
positions all employees who took part in the strike with. the excep-
tion of Raymond Hougrand and Wilfred Dionne.
VIII. It is hereby agreed that Page 20, Line 21 to Page 548,
inclusive, and all exhibits introducd in evidence within said pages,
be stricken from the official transcript of the record of the pro-
ceedings in the above-entitled matter. Respondent and the Union
waive the right to a hearing as set forth in Sections 10 (b) and
10 (c) of the said Act and waive the right to the makings of Find-
ings of Fact and Conclusions of Law by the National Labor Re-
lations Board other than as to the question of whether the
National Labor Relations Act is applicable to the Respondent and
the employees of Respondent.
IX. It is further stipulated and agreed, subject however to the
provisions of Paragraph X below, that upon the pleadings, record,
and upon this stipulation, if approved by the National Labor
Relations Board, an Order may forthwith be entered by said
Board and by the appropriate Circuit Court of Appeals, if the
Board desires to make application thereto, providing as follows :
1. Respondent, its officers, agents, successors and assigns shall
cease and desist from :
(a) In any manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organization, to
form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities, for the purpose of collective bargaining or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act;
(b) Refusing to bargain collectively with the International
Association of Machinists, Local #1017, affiliated with the
American Federation of Labor, as the exclusive representative of
Respondent's employees engaged in the service, repair, mainte-
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nance, painting and body fixing of new and used automobiles
and trucks, and parts, accessories and-equipment thereof, exclud-
ing executives and supervisors, in respect to rates of pay, wages,
hours of employment and other conditions of employment.
2. Respondent, its officers, agents, successors and assigns, shall
.take the following affirmative action to effectuate the policies of
the Act :
. (a) Upon request bargain collectively with the International
Association of Machinists, Local .#x.1017, affiliated with the Ameri-
can Federation of Labor, as the exclusive representative of its
employees engaged in the service, repair, maintenance, painting
and body fixing of new and used automobiles, and trucks, and
parts, accessories and equipment thereof, excluding executives and
supervisors, in respect to rates of pay, wages, hours of employ-
ment and other conditions of employment;
(b) Place Raymond Hougrand upon a preferred list to be
offered reinstatement to his former position or substantially
equivalent employment if and when the need for his services arise
with preference being given in the filling of such position over
any persons not employed by Respondent on May 1, 1939;
(c) Post immediately in conspicuous places at its place of busi-
ness notices embodying the cease and desist provisions of the Order
of the said Board, the notices to remain posted for a period of
sixty (60) days from the date of posting;
(d) Notify the Regional Director for the First Region in writ-
ing within ten (10) days from the date of the said Order what
steps the Respondent has taken to comply therewith.
X. Respondent reserves to itself the right to contest before the
National Labor Relations Board and any appropriate Court the
applicability of the National Labor Relations Act to Respondent
and the employees of Respondent, and by reason of the aforesaid
the jurisdiction of the National Labor Relations Board and ap-
propriate Circuit Court of Appeals to enter against the Respond-
ent the Order and Decree set forth in subdivisions 1 (a) and (b)
and 2 (a), (b), (c) and (d) of Paragraph IX hereof- but waives
any and all other rights to contest the validity and propriety of
the Order and the entry of said Order and Decree by the Board
and appropriate Circuit Court of Appeals.
XI. It is further agreed that this stipulation shall be null and
void and of no effect in the event the National Labor Relations
Board does not approve this stipulation and does not enter an
Order based upon the terms and provisions of said stipulation,
and that in the event the Board' does not approve the stipulation
and issue an Order based upon the terms and provisions of said
'HENRY LE'VAUR, INCORPORATED 1039%
stipulation the hearing shall be rescheduled and all parties shall'
have full and complete opportunity to introduce such testimony as-
they desire, within the issues as framed.
XII. This stipulation constitutes the entire agreement between
the parties and no verbal agreement of any kind has been made-
which varies, alters or adds to the stipulation.
STIPULATION
It is hereby stipulated by and between Colt-Brady Com-
pany, hereinafter referred to as the Respondent, the Interna-
tional Association of Machinists, Local #1017, affiliated with the
American Federation of Labor, hereinafter referred to as the-
Union, and Benjamin E. Gordon, Attorney, National Labor Re-
lations Board, that :
I. Upon amended charge duly filed by the Union, the National;
Labor Relations Board, by Edward Schneider, Acting Regional'
Director for the First Region (Boston, Massachusetts), acting-
pursuant to authority granted in Section 10 , (b) of the National
Labor Relations Act, 49 Stat. 449, hereinafter referred to as the-
Act, and acting pursuant to its Rules and Regulations-Series 1,.
as amended, Article IV, Section 1, issued. its complaint and notice-
of hearing on June 21, 1939, against Colt-Brady Company, Re-
spondent herein.
II. Copies of the complaint and notice of hearing thereon,.
amended charge, and National Labor Relations Board Rules and
Regulations-Series 1, as amended, were duly served upon the
Respondent and the Union on June 22, 1939, said hearing being:
scheduled for June 29,1939, at 10 A. M. (E. D. S. T.), in the Grand:
Jury Room, Federal Building, Providence, Rhode Island.
On June 23, 1939, the National Labor Relations Board ordered
that Case No. I-0-1097 be consolidated for the purpose of hear-
ing and for all other purposes with Cases Nos. I-C-1096 and
I- --1098, and copy of the Order of Consolidation was duly served
upon the Respondent and the Union on June 27, 1939.
On June 28, 1939, notice of postponement of hearing was duly
issued and served upon the parties by A. Howard Myers, Regional
Director for the First Region, National Labor Relations Board,,
postponing the hearing from June 29, 1939 to July 6, 1939, at
10 A. M. (E. D. S. T.), in the Small Court Room, Federal Build-
ing, Providence, Rhode Island.
Respondent's answer to the complaint was filed July 6, 1939.
The hearing was.in session on July 6, 7, 8, 10 and 18, 1939, when
it was recessed to July 21, 1939.
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. Respondent is and has been since 1921 a corporation or-
ganized under and existing by virtue of the laws of the State of
Rhode Island, and is now and has continuously been engaged at
a place of business at One Reservoir Avenue, in the City of Provi-
dence, County of Providence, State of Rhode Island, in the sale,
distribution, exchange, service, and repair of new and used auto-
mobiles and trucks, and parts, accessories and equipment thereof.
IV. International Association of Machinists, Local #1017,
.affiliated with the American Federation of Labor, is a labor or-
ganization within the meaning of Section 2, subdivision (5) of
the said Act.
V. All employees of Respondent engaged in the service, repair,
-maintenance, painting and body fixing of new and used automo-
biles and trucks, and parts, accessories and equipment thereof,
'excluding executives and supervisors, constitute a unit appro-
priate for purposes of collective bargaining within the meaning
,of Section 9 of the said Act.
VI. It is hereby agreed by and between the parties that the
-Union is and has been since on or about March 1, 1939 the repre-
sentative for purposes of collective bargaining of a majority of
the employees in the unit described above in Paragraph V.
VII. On July 6, 1939, the Union called off its strike, referred
to in Paragraph 8 of the complaint issued on June 21,1939, against
Respondent and Respondent has reinstated to their former posi-
tions all employees who took part in the strike.
VIII. It is hereby agreed that Page 20, Line 21, to Page 548
inclusive, and all exhibits introduced in evidence within said pages
be stricken from the official transcript of the record of the pro-
ceeding in the above-entitled matter. Respondent and the Union
waive the right to a hearing as set forth in Sections 10 (b), and
10 (c) of the said Act and waive the right to the makings of
Findings of Fact and Conclusions of Law by the National Labor
Relations Board other than as to the question of whether the Na-
tional Labor Relations Act is applicable to the Respondent and
the employees of Respondent.
IX. It is further stipulated and agreed, subject however to
the provisions of Paragraph X below, that upon the pleadings,
record, and upon this stipulation, if approved by the National
Labor; Relations Board, an Order may forthwith be entered by
said Board and by the appropriate Circuit Court of Appeals, if
the Board desires to make application thereto,. providing as
follows :
1. Respondent, its officers, agents, successors, and assigns, shall
cease and desist from :
HENRY LEVAUR, INCORPORATED 1041
(a) Ill. any manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organization,
to form, join or, assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities, for the purpose of collective bargaining or
other mutual aid or protection, as guaranteed in Section 7 of the
National Labor Relations Act;
(b) Refusing to bargain collectively with the International
Association of Machinists, Local #1017, affiliated with the
American Federation of Labor, as the exclusive representative
of respondent's employees engaged in the service, repair, main-
tenance, painting and body fixing of new and used automobiles
and trucks, and parts, accessories and equipment thereof, ex-
cluding executives and supervisors, in respect to rates of pay,
wages, hours of employment and other conditions of employment.
2. Respondent, its officers, agents, successors and assigns, shall
take the following affirmative action to effectuate the policies of
the Act :
(a)' Upon request bargain collectively with the International
Association of Machinists, Local #1017, affiliated with the
American Federation of Labor, as the exclusive representative
of its employees engaged in the service, repair, maintenance,
painting and body fixing of new and used automobiles and
trucks, and parts, accessories and equipment thereof, excluding
executives and supervisors, in respect to rates of pay, wages,
hours of employment and other conditions of employment;
(b) Post immediately in conspicuous places at its place of
business notices embodying the cease and desist provisions of
the Order of the National Labor Relations Board, the notices
to remain posted for a period of sixty, (60) days from the date
of posting ;
(c) Notify the Regional Director for the First Region in
writing within ten (10) days from the date, of said Order what
steps the Respondent has taken to comply therewith.
X. Respondent reserves to itself the right to contest before
the National Labor Relations Board and any appropriate Court
the applicability of the National Labor Relations Act to Re-
spondent and the employees of Respondent, and by reason of the
aforesaid the jurisdiction of the National Labor Relations Board
and the appropriate Circuit Court of Appeals to enter agaiist
the Respondent the Order and Decree set forth in subdivisions
1 (a) and (b) and 2 (a), (b) and (c) of Paragraph IX hereof
but waives any and all other rights to contest the validity and
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
propriety of the Order and the entry of said Order and Decree
by the Board and appropriate Circuit Court of Appeals.
XI. It is further agreed that this stipulation shall be null and
void and of no effect in the event the National Labor Relations
Board does not approve this stipulation and does not enter an
Order based upon the terms and provisions of said stipulation,
and that in the event the Board does not approve the stipulation
and issue an Order based upon the terms and provisions of said
stipulation the hearing shall be rescheduled and all parties shall
have full and complete opportunity to introduce such testimony
as they desire, within the issues as framed.
XII. This stipulation constitutes the entire agreement between
the parties and no verbal agreement of any kind has been made
which varies, alters or adds to the stipulation.
STIPULATION
It is hereby stipulated and agreed by and between Bradburn
Motors Company, hereinafter referred to as the Respondent, the
International Association of Machinists, Local #1017, affiliated
with the American Federation of Labor, hereinafter referred to
as the Union, and Benjamin E. Gordon, Attorney, National
Labor Relations Board, that :
I. Upon amended charge duly filed by the Union, the National
Labor Relations Board, by Edward Schneider, Acting Regional
Director for the First Region (Boston, Massachusetts), acting
pursuant to authority granted in Section 10 (b) of the National
Labor Relations Act, 49 Stat. 449, hereinafter referred to as the
Act, and acting pursuant to its Rules and Regulations-Series
1, as amended, Article IV, Section 1, issued its complaint and
notice of hearing on June 21, 1939, against Bradburn Motors
Company, Respondent herein.
II. Copies of the complaint and notice of hearing. thereon,
amended charge, and National Labor Relations Board Rules and
Regulations-Series 1, as amended, were duly served upon the
Respondent and the Union on June 22, 1939, said hearing being
scheduled for June 29, 1939, at 10 A. M. (E. D. S. T.), in the
Grand Jury. Room, Federal Building, Providence, Rhode Island.
On June 23, 1939 the National Labor Relations Board ordered
that Case No. I-C-1098 be consolidated for the purpose of hear-
ing and for all other purposes with Cases Nos. I-C-1096 and
I-C-1097, and copy of the order of consolidation was duly served
upon the Respondent and the Union on June 27, 1939.
On June 28, 1939 notice of postponement of hearing was duly
issued and served upon the parties by A. Howard Myers, Re-
HENRY LEVAUR, INCORPORATED 1043
gional Director for the First Region, National Labor Relations
Board, postponing the hearing from Jude 29, 1939 to July 6,
1939, at 10 A. M. (E. D. S. T.), in the Small Court Room, Federal
Building, Providence, Rhode Island.
Respondent's answer to the complaint was filed July 6, 1939.
The hearing was in session on July 6, 7, 8, 10 and 18, 1939,
when it was recessed to July 21, 1939.
III. Respondent is and has been since 1917 a corporation
organized under and existing by virtue of the laws of the State
of Rhode Island, and is now and has continuously been engaged
at a place of business at 79 Elmwood Avenue, in the City of
Providence, County of Providence, State of Rhode Island, in
the sale, distribution, exchange, service and repair of new and
used automobiles and trucks, and parts, accessories and equip-
ment thereof.
IV. International Association of Machinists, Local #1017,
affiliated with the American Federation of Labor, is a labor
organization within the meaning of Section 2, subdivision (5)
of the said Act.
V. All employees of Respondent engaged in the service, repair,
maintenance, painting and body fixing of new and used automo-
biles and trucks, and parts, accessories and equipment thereof,
excluding executives and supervisors, constitute a. unit appropri-
ate for purposes of collective bargaining within the meaning of
Section 9 of the said Act.
VI. It is hereby agreed by and between the parties that the
union is and has been since on or about November 1, 1938 the
representative for purposes of collective bargaining of a ma-
jority of the employees in the unit described in Paragraph V
hereof.
VII. On July 6, 1939 the Union called off its strike referred
to in Paragraph 8 of the complaint issued on June 21, 1939
against Respondent and Respondent has reinstated to their
former positions all employees who took part in the strike.
VIII. It is hereby agreed, that Page 20, Line 21 to Page 548
inclusive, and all Exhibits introduced in evidence within said
pages be stricken from the official transcript of the record of
the proceedings in the above-entitled matter. Respondent and
the Union waive the right to a hearing as set forth in.Sections
10 (b) and 10 (c) of the said Act and waive the right to the
makings of Findings of Fact and Conclusions of Law by the
National Labor Relations Board other than as to the question
of whether the National Labor Relations Act is applicable to
the Respondent and the employees of Respondent.
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IX. It is further stipulated and agreed, subject however to
the provisions of Paragraph X below, that upon the pleadings,
record, and upon this stipulation, if approved by the National
Labor Relations Board, an Order may forthwith be entered by
said Board and by the appropriate Circuit Court of Appeals,.
if the Board desires to make application thereto, providing as,
follows :
1. Respondent, its officers, agents, successors and assigns, shall
cease and desist from :
(a) In any manner interfering with, restraining or coercing
its employees in the exercise of their right to self-organization,
to form, join or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities, for the purpose of collective bargaining or
other mutual aid or protection, as guaranteed in Section 7 of
the National Labor Relations Act;
(b) Refusing to bargain collectively with the International
Association of Machinists, Local #1017, affiliated with the
American Federation of Labor, as the exclusive representative
of Respondent's employees engaged in the service, repair, main-
tenance, painting and body fixing of new and used automobiles
and trucks, and parts, accessories and equipment thereof, exclud-
ing executives and supervisors, in respect to rates of pay, wages,
hours of employment and other conditions of employment.
2. Respondent, its officers, agents, successors and assigns, shall
take the following affirmative action to effectuate the policies of
the Act :
(a) Upon request bargain collectively with the International
Association of Machinists, Local #1017, affiliated with the
American Federation of Labor, as the exclusive representative
of its employees engaged in the service, repair, maintenance,
painting and body fixing of new and used automobiles and
trucks, and parts, accessories and equipment thereof, excluding
executives and supervisors, in respect to rates of pay, wages,
hours of employment and other conditions of employment;
(b) Post immediately in conspicuous places at its place of
business notices embodying the cease and desist provisions of
the Order of the said Board, the notices to remain posted for
a period of sixty (60) days from the date of posting;
(c) Notify the Regional Director for the First Region in
writing within ten (10) days from the date of said Order what
steps the Respondent has taken to comply therewith.
X. Respondent reserves to itself the right to contest before
the National Labor Relations Board and any appropriate Court
HENRY LEVAUR, INCORPORATED 1045
the applicability of the National Labor Relations Act to Re-
spondent and the employees of Respondent, and by reason of
the aforesaid the jurisdiction of the National Labor Relations
Board and appropriate Circuit Court of Appeals to enter
against the Respondent the Order and Decree set forth in sub-
divisions 1 (a) and (b), and 2 (a), (b) and (c) of Paragraph
IX hereof but waives any and all other rights to contest 'the
validity and propriety of the Order and the entry of said Order
and Decree by the Board and the appropriate Circuit Court of
Appeals.
XI. It is further agreed that this stipulation shall be null and
void and of no effect in the event the National Labor Relations
Board does not approve this stipulation and does not enter an
Order based upon the terms and provisions of said stipulation,
and that in the event the Board does not approve the stipula-
tion and issue an Order based upon the terms and provisions of
said stipulation the hearing shall be rescheduled and all parties
shall have full and complete opportunity to introduce such testi-
mony as they desire, within the issues as framed.
XII. This, stipulation constitutes the entire agreement between
the parties and no verbal agreement of any kind has been made
which varies, alters or adds to the stipulation.
On October 3, 1939, the Board issued its order approving the stipu-
lations, making them part of the record, and, pursuant to Article II,
Section 36, of National Labor Relations Board Rules and Regula-
tions-Series 2, transferred the proceeding to and continued it before
the Board for the purpose of entry of a decision and order pursuant
to the provisions of the stipulations.
Pursuant to request by the respondents and notices duly served upon
the respondents and the I. A. M., a hearing was held before the Board
in Washington, D. C., on October 26, 1939, for the purpose of oral
argument. The respondents and the I. A. M. were represented by
counsel and participated in the argument.
Upon the basis of the above stipulations and the record in the case,
the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESSES OF THE RESPONDENTS 1
All three respondents are engaged in the sale, distribution, exchange,
service, and repair of new and used automobiles and trucks, and parts,
'A tabular analysis of the respondents ' purchases , acquisitions , and sales in 1938 and
the first half of 1939 is attached hereto as Appendix "A."
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.accessories, and equipment thereof. All are Rhode Island corpora-
-tions and are located at Providence, Rhode Island.
The general operations of these respondents, as distributors or
dealers, may be described as follows:
Each of the respondents has an agreement with a manufacturer of
:automobiles for the sale and distribution of that manufacturer's prod-
ucts within a described sales area. Distributors, such as the respond-
ents, appoint dealers who represent the distributors within designated
areas. The dealers purchase from the distributors the products of
-the manufacturers for resale. The dealers furnish reports of the
operations of their businesses to the distributors, who, in turn, furnish
-reports on inventories and sales to the manufacturers.
With the exception of Bradburn, automobiles are shipped by the
-manufacturers directly to the respondents at whose places of business
the dealers take delivery of the automobiles. The sales prices of new
,cars established by the respondents or their dealers are based upon
the manufacturers' list prices. To further the sales of their products,
the manufacturers advertise in local newspapers and list the names
,of the respondents and their dealers.
Automobiles which are delivered by manufacturers to the respond-
ents are transported by railway or truck from the factories in Michigan
to Providence, Rhode Island. From the railroad station there, the
automobiles are driven to the respondents' places of business by their
employees. When received by the respondents the automobiles are
serviced 2 by their employees 3 and made ready for delivery to the
individual purchasers or dealers. When the cars are serviced for
dealers, the respondents charge them for this work.
A. Bradburn is a distributor of and dealer in automobiles, parts,
accessories, and equipment manufactured by the Pontiac Motor Divi-
sion of the General Motors Sales Corporation, herein called Pontiac,
,of Pontiac, Michigan. Bradburn is represented by 10 dealers in Rhode
Island and 1 in Massachusetts. It also acquires and sells used cars.
Bradburn, during the period from January 1, 1938, to June 1, 1939,
purchased 982 new cars, of a value of $657,058.22, 942 of which were
from Pontiac, and 12 of which were from other sources outside the
State of Rhode Island. During the same period, Bradburn sold 1019
new cars of a value of $786,544.45, of which 53, of a value of $40,659.57,
were sold to individuals or dealers having addresses or places of
business outside Rhode Island.
Six hundred thirty used cars, of a value of $157,227.90, were ac-
quired by Bradburn during this period as "trade-ins" on new cars.
Servicing includes the following operations : washing, lubricating, tightening, inspect-
ing brakes and lights, motor tune-up, polishing, painting, checking carburetor, transmis-
sion, and mechanical parts, etc. Except in Colt-Brady's business, the service employees are,
used interchangeably on new and used cars.
3 The employees who perform the servicing function are included in the units agreed upon
by the parties as appropriate for the purposes of collective bargaining.
HENRY LEVAUR, INCORPORATED 1047
:Twenty-four of, these, of a valueof $4,658.63, originated front sources
outside Rhode Island. Of the 774 used cars; of a value of $185,514.591
that Bradburn sold during this period, 24, of a value of $8,303.00, were
sold to individuals or dealers having addresses or places of business
outside Rhode Island.
Bradburn also exchanged' new cars with other dealers or dis-
tributors. Of the 29 such exchanges made by Bradburn during the
period from January 1, 1938 to June 1, 1939, all were with dealers or
distributors located outside Rhode Island. During the same period,
Bradburn also purchased parts, accessories, and equipment, of the
value of about $53,718.00, most of which originated at Pontiac, Michi-
gan. Bradburn, during this period, sold parts, accessories, and equip-
ment of an aggregate value of about $52,776.00, of . which about
$6,336.00 represented sales to purchasers giving addresses outside
Rhode Island.
B. Colt-Brady is a distributor of and dealer in automobiles, parts,
accessories, and equipment manufactured by the Chrysler Corporation
for its Chrysler Sales Division, herein called Chrysler, of Detroit,
Michigan. Colt-Brady is represented by 17 dealers in Rhode Island
and 3 in Connecticut. It also acquires and sells used cars.
Colt-Brady, during the period from January 1, 1938, to June 30,
1939, purchased 1,920 new cars, of a value of $1,346,157.00 from.
Chrysler. During the same period, Colt-Brady sold 77 new cars, of
a value of $53,671.00, to dealers located outside Rhode Island, and 22
new cars to individuals giving addresses outside Rhode Island.
During the same period, Colt-Brady acquired 891 used cars, of a
value of $222,826.00, of which about 73, of a value of about $17,000.00,
originated from sources outside Rhode Island. Of the 964 used cars,
of a value of $241,956.00, that Colt-Brady sold during this period, 51,
of a value of about $12,500.00, were sold to persons having addresses
outside Rhode Island. - Colt-Brady, during the period from January
1, 1938, to June 30,1939, also exchanged -72 cars, of a value of about
$50,000.00, with dealers or distributors located outside Rhode Island.
During this period, Colt-Brady purchased parts, accessories, and
equipment of a value of $71,267.41, most of which originated at Marys-
ville, Michigan. Colt-Brady during this period sold parts, acces-
sories, and equipment of an aggregate value of $95,204.00, of which
$1,11.5.00 represented sales to its dealers located outside Rhode Island.
C. Levaur is a distributor ' of and dealer in automobiles, parts,
accessories, and equipment manufactured by the Chrysler Corpora-
This is also known as a "swap."
In Levaur's contract with its manufacturer, the respondent Is called a "direct dealer.".
Respondent 's representatives are called "associate dealers." It is clear, however, that the
functions of the "direct dealer" and "associate dealers" are the same as those of the
distributor and dealers, respectively.
247384-40-vol. 17-67
1048 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
tion for its De Soto Division, herein called De Soto, of Detroit,
Michigan. Levaur is represented by 13 dealers e in Rhode Island and
3 in Massachusetts. It also acquires and sells used cars. .
Levaur, during the period from January 1, 1938, to June 30, 1939,.
purchased its new automobiles from De Sota.7 During this period,
Levaur sold 1,544 new automobiles, of a value of about $1,169,000.00,
of which 23 were sold to individuals giving addresses outside Rhode
Island and 149 were sold to dealers whose places of business were
outside Rhode Island. The value of these 172 cars sold to individuals
and dealers located outside Rhode Island was about $120,000.00.
During the same period, Levaur acquired 638 used cars, of a value
of about $191,000.00, of which about 25, of a value of about $7,500.00,
originated from sources outside Rhode Island. Of the 692 used cars,
of a value of about $207,000.00, that Levaur sold during this period,
17, of a value of about $5,100.00, were sold to individuals having
addresses outside Rhode Island. Levaur, during the period from
January 1, 1938, to June 30, 1939, also exchanged 168 cars, of which
109, of a value of about $76,000.00, were exchanged with dealers or
distributors located outside Rhode Island.
Levaur, during this same period, purchased parts, accessories, and
equipment, of a value of $47,891.00, most of which originated at
Marysville, Michigan. Levaur during this period sold a small amount
of parts, accessories, and equipment to persons and dealers having
addresses and places of business outside Rhode Island.
We find that the above-described operations of each of the respond-
ents constitute a continuous flow of trade, traffic, and commerce among
the several States .8
ORDER
Upon_ the basis of the above findings of fact, stipulations, and the
record in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that:
I
The respondent, Bradburn Motors Company, Providence, Rhode
Island, its officers, agents, successors and assigns shall:
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their right to self-organization, to form,
u See footnote 5.
7 Purchases and sales during this period were about the same.
See Matter of Denver Automobile Dealers Association, a Corporation, et at. and Capitol
Automotive Lodge No. 606, International Association of Machinists, 10 N. L. R. B. 1173;
Matter of Schierbrook Motors and Trl-City Auto Mechanics Lodge 1215, affiliated with the
A. F. of L., 15 N. L. R. B. 1109.
HENRY LEVAUR, INCORPORATED 1049
join or assist' labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Refusing to bargain collectively with the International As-
sociation of Machinists, Local #1017, affiliated with the American
Federation of Labor, as the exclusive representative of respondent's.
employees engaged in the service, repair, maintenance, painting and-
body fixing of new and used automobiles and trucks, and parts, ac-
cessories and equipment thereof, excluding executives and supervisors,.
in respect to rates of pay, wages, hours of employment and other con-
ditions of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request bargain collectively with the International As-
sociation of Machinists, Local #1017, affiliated with the American
Federation of Labor, as the exclusive representative of its employees
engaged in the service, repair, maintenance, painting and body fixing
of new and used automobiles and trucks, and parts, accessories and
equipment thereof, excluding executives and supervisors, in respect
to rates of pay, wages, hours of employment and other conditions of
employment;
(b) Post immediately in conspicuous places at its place of business
notices embodying the cease and desist provisions of this Order, the
notices to remain posted for a period of sixty (60) days. from the date
of posting;
(c) Notify the Regional Director for the First Region in writing
within ten (10) days from the date of this Order what steps the re-
spondent has taken to comply herewith.
II
The respondent, Colt-Brady Company, Providence, Rhode Island,
its officers, agents, successors and assigns shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their right to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Refusing to bargain collectively with the International As-
sociation of Machinists, Local #1017, affiliated with the American
1050 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
Federation of Labor, as the exclusive representative of respondent's
employees engaged in the service, repair, maintenance, painting and
body fixing of new and used automobiles and trucks, and parts, ac-
cessories and equipment thereof, excluding executives and supervisors,
in respect to rates of pay, wages, hours of employment and other con-
ditions of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
(a) Upon request bargain collectively with the International As-
sociation of Machinists, Local #1017, affiliated with the American
Federation of Labor, as the exclusive representative of its employees
engaged in the service, repair, maintenance, painting and body fixing
of new and used automobiles and trucks, and parts, accessories and
equipment thereof, excluding executives and supervisors, in respect to
rates of pay, wages, hours of employment and other conditions of
employment ;
(b) Post immediately in conspicuous places at its place of business
notices embodying the cease and desist provisions of this Order, the
notices to remain posted for a period of sixty (60) days from the
date of posting;
(c) Notify the Regional Director for the First Region in writing
within ten (10) days from the date of this Order what steps the
respondent has taken to comply herewith.
III
. The respondent, Henry Levaur, Inc., Providence, Rhode Island,
its officers, agents, successors and assigns shall :
1. Cease and desist from :
(a) In any manner interfering with, restraining or coercing its
employees in the exercise of their right to self-organization, to form,
join or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted
activities, for the purpose of collective bargaining or other mutual
aid or protection, as guaranteed in Section 7 of the National Labor
Relations Act;
(b) Refusing to bargain collectively with the International Associ-
ation of Machinists, Local #1017, affiliated with the American Fed-
eration of Labor, as the exclusive representative of respondent's em-
ployees engaged in the service, repair, maintenance, painting and
body fixing of new and used automobiles and trucks, and parts,
accessories and equipment thereof, excluding executives and super-
visors, in respect to rates of pay, wages, hours of employment and
other conditions of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act:
HENRY LEVAUR, INCORPORATED 1051
(a) Upon request bargain collectively with the International As-
sociation of Machinists, Local #1017, affiliated with the American
Federation of Labor, as the exclusive representative of its employees
engaged in the service, repair, maintenance, painting and body fixing
of new and used automobiles, and trucks, and. parts, accessories. and
equipment thereof, excluding executives and supervisors, in respect
to rates of,pay, wages, hours of employment and other conditions of
employment ;
(b) Place Raymond Hougrand upon a preferred list to be offered
reinstatement to his former position or substantially equivalent em-
ployment if and when the need for his services arise with preference
being given in the filling of such position over. any persons not em-
ployed by respondent on May 1, 1939;
(c) Post immediately in conspicuous places at its place of business
notices embodying the cease and desist provisions of this Order, the
notices to remain posted for a period of sixty. (60) days from the
date of-posting;
(d) Notify the Regional Director for the First Region in writing
within ten (10) days from the date of this Order what steps the re-
spondent has taken to comply herewith.
APPENDIX A
BradhurnMotors Colt-Brady , H. Levaur
Period ______ _______________ _______________ 1/1/38-6/1/39_____ 1/1/38-6/30/39 __-______ 1/1/38-6/30/39.
Distributor for------------- --------------- Pontiac --------- Chrysler. Plymouth- DeSoto, Plymouth.
Dealers____ _ _______________ _______________ 10 in R. L, 1 17' in R. L, 3 outside - 13 in R. 1., 3 out.
outside. side.
Number 982 ------------ 1,920 3
Purchases --- ' Value________ $657,058 .22_______ $1.346 , 157-00---------- (3).
Frbm-------- Pontiac, 1,1ich.'_ Detroit, Mich --------- Detroit, Mich.
New Cars_ _ Number ----- 1,019 ------------ ----------------------- 1.544.
ISales
Value -------- $786,544.45------- ----------------------- $1,169, 000.00,
-_.......
Outside R. I_ 53__________ _____ 99 -------------------- 172.
Value -------- $40,659.57 -------- $53, 671.00 2........... $120,000.00.;
Number ----- 630-------------- 891 ------ ------------- 638.
Acquisitions Value ________ $ 157,227 .90-______ $222 ,826.00------------ $191,000.00.-
Outside it. L 24--------------- 73 -------------------- 26.
Used Cars Value-------- $4,658.63 --------- $17,000.00------------- $7,500.00.__
Number ----- 774______________ 964 ------------------- 692.
Sales value -------- $185,514 .59-_._-_. $241 ,956.00------------ $207,000.00.- ___---- Outside it. L 24_______________ 51 -------------------- 17.
Value________ $8,303.00--------- $12,500 .00 ------------- $5.100.00.
T','umber----- 29--------------- 72-------------------- 1618.
Exchanges --- ------ "'°
Value-------- ------------------ $50,000.00_____________
From Out- 29 72
109.
side R . I. -
Purchases----- -------------- $53,718.00__-_____ $71,267 .41 ------------- $47,891.00.
Parts, ac- From________ ______________ Pontiac, Mich.- Marysville, Mich.' --- Marysville, Mich.,
cessories . Sales - --------- -------------- $,52,776.00-------- $95,204 .00 __-___--____
Outside R. I ______ $6,336.00----------
-
$1,115.004 ............. $majlamount.
I Most of products came from this source.
f Amount is for 77 cars only.
Purchases and sales are about the same.
4 Figure represents sales to its dealers only.