Hertz Driv-Ur-Self Stations, Inc.

National Labor Relations Board - Board Decisions

Jul 20, 1948

78 N.L.R.B. 422 (N.L.R.B. 1948)

In the Matter of HERTZ' DRIV-UR-SELF STATIONS, INC., EMPLOYER and
LOCAL #314, INTERNATIONAL ASSOCIATION OF MACHINISTS, PETI-
TIONER
Case No. 17-RC-64.Decided July 20,1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing 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.
Upon the entire record in this case, the Board finds :
1. The business of the Employer
Hertz Driv-Ur-Self Stations, Inc., a Delaware corporation with its
principal offices in Chicago, Illinois, is engaged in the automobile and
truck rental business. The Employer operates divisions in 20 cities
in as many States throughout the United States. At the division
located in Kansas City, Missouri, the only division involved in this
proceeding, the Employer operates a private garage which is used
solely for the purpose of storing, maintaining, and repairing the ve-
hicles owned by it and leased or rented to its various customers.
The Employer purchases locally all the supplies and materials used
in connection with the maintenance and repair of its vehicles. During
1947, trucks and passenger cars valued at approximately $100,000 were
shipped to the Employer from points outside the State of Missouri?
During that same year, the Employer's gross income, derived from the
rental of such equipment, exceeded $100,000, approximately 25 percent
of which consisted of truck rentals paid by commercial customers who
used this equipment to transport merchandise in interstate commerce.
Trucks are leased under long-term contracts, pursuant to which the
Employer is obligated to maintain and repair the leased equipment;
1 The Employer stated that its purchases of equipment during 1947 were much greater
than its purchases in any normal year because of the fact that such equipment became
more readily available in 1947 than it had been in the years preceding and during the war.
78 N. L. It. B., No. 54.
422
BERTZ DRIV-UR-SELF STATIONS, INC. 423
most of such servicing is performed in the Employer's garage. Passen-
ger vehicles are generally rented "over-the-counter," pursuant to con-
tracts which provide that the car shall not be operated outside the State.
The Employer admits, however, that there is no way of checking on
whether or not this provision is complied with. It is clear that the
Employer relies materially on interstate shipments to obtain the equip-
ment which it leases to its customers and that a substantial portion of
the equipment so leased is used in interstate commerce,
The Employer neither admits nor denies that it is engaged in
commerce within the meaning of the National Labor Relations Act.
Upon the basis of the foregoing facts, and especially in view of the
Nation-wide operations of the Employer, of which its Kansas City
division is only a part, we find that the Employer is engaged in com-
merce within the meaning of the Act.2
2. The labor organizations named below claim to represent em-
ployees of the Employer 3
3. A question affecting commerce exists concerning the represen-
tation 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 constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act:
All production and maintenance employees of the Employer's
Kansas City, Missouri, division, including all automobile mechanics,
mechanics' helpers, tire men, lubrication men, and car washers, but ex-
cluding salesmen, clerical employees, and all supervisors as defined in
the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an 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-Series 5, among the
employees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
n Cf. Matter of Liddon White Truck Company, Inc., 76 N . L. R. B. 1181 ( not a multi-
State enterprise).
8 Local 447 , U. A. W., A. F. L., was permitted to intervene on the basis of its contractual
interest in this matter . The contract between the Intervenor and the Employer is not a
bar to this proceeding, however. Matter of Mill B, Inc., et al ., 40_ N. L . R. B. 346 ; Matter
of Tha Wheiand Company, 72 N. L. R. B. 351.
424 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD
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 reinstated prior to the date of the election , and also exclud-
ing employees on strike who are not entitled to reinstatement, to
determine whether they desire to be represented , for purposes of col-
lective bargaining , by Local #314, International Association of Ma-
chinists, or by Local Union No. 447 , United Automobile Workers of
America, A. F. L., or by neither.