Hull-Rodell Motors, Inc.

National Labor Relations Board - Board Decisions

Oct 15, 1948

79 N.L.R.B. 1408 (N.L.R.B. 1948)

In the Matter of HULL-RODELL MOTORS, INC., EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LODGE No. 86 (IND.), PETI-
TIONER
In the Matter of HULL-RODELL MOTORS, INC., EMPLOYER AND PETI-
TIONER and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No.
86 (IND.), UNION
Cases Nos. 19-RC-45 and 19-RM-1, respectively. Decided October 15,
1948
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated 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.'
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-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act z
2. The labor organization named below in the Direction of Election
claims to represent employees 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 appropriate unit; the determination of representatives :
The Employer, in its petition, seeks a unit consisting of all its shop
employees in the service department, except the service department
' The hearing officer properly denied the motion of Sheet Metal Workers, Local 112, to
intervene in this proceeding inasmuch as it failed to make any showing of interest among
the employees in either of the two alleged appropriate units. See Matter of Bank of
America, 71 N. L . R. B. 342.
* Chairman Herzog and Members Houston and Gray.
' Matter of L,ddon White Truck Company , Inc., 76 N . L. R. B. 1181.
79 N. L. R. B., No. 186.
1408
HULL-RODELL MOTORS, INC. 1409
clerk and supervisors. The International Association of Machinists,
Lodge No. 86, hereinafter called the I. A. M., in its petition, seeks a
unit limited to mechanics, tune-up specialist, front-end specialist,
and radio specialist, but excluding lubrication employees, car washer,
car polisher, new car serviceman, car parker, body and fender me-
chanics, painter and painter's helper.
The Employer is engaged in the business of selling new and used
automobiles at wholesale and retail, selling tires, parts, and acces-
sories, and servicing automobiles and trucks. As part of this busi-
ness, it maintains a service department. The work of this depart-
ment comprises operations incidental to the repair, restoration, and
servicing of automobiles and trucks, and includes body and fender
operations, mechanical repair, painting, lubrication, and polishing.
The record shows that the service department is located in three
buildings : one building houses the offices, new car showroom, parts
department, and a general repair shop including lubrication racks; an-
other building contains the front-end department, steering gear equip-
ment, polishing, waxing, general overhauling, machine shop, and radio
repair; the third building houses the body and sheet metal department
and paint shop. All shop employees in the service department are
under the general superv1sioii of t.ie service department superi,itend-
ent. Under him are two shop foremen who have supervision over
the shop facilities in each of the first two buildings and a body shop
foreman directly in charge of the third building. Although em-
ployees are assigned to specific buildings, they frequently work in
buildings other than those to which they are assigned. The body and
fender mechanics often do the same work as that performed by em-
ployees classified as mechanics; similarly, mechanics are able to per-
form all types of mechanical operations, including those performed
by the body and fender mechanics. Both classifications of mechanics
often work on the same car at the same time.
All shop employees in the service department have the same working
conditions, including the same hours, workweek, vacation plan, pay
periods, medical aid program, and recreation program. They use the
same locker room and have contact with one another in their work,
during the lunch period, and socially.
There is no history of collective bargaining between the parties.
The I. A. M. gave as its reason for not wishing to include the body and
fender mechanics the fact that they come under the jurisdiction of
another labor organization, the Sheet Metal Workers, and that when-
ever that union claims them, the I. A. M. will not attempt to represent
1410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
them. No contention is made that the mechanics involved in this case
constitute a craft.
We have held that the arbitrary grouping of employees by a labor
organization because it has limited its organizational activities to
such grouping does not justify a finding of an appropriate unit on that
basis.3
This is particularly true where, as in this case, such employees are an
integral part of a larger unit of employees engaged in maintaining,
servicing, and repairing automobiles such as we have found appro-
priate in the past,4 and a functional coherence and interdependence
among all the employees is present. Moreover, even if the unit based
on extent of organization were proper, Section 9 (c) (5) of the Act,
as amended, provides that the extent to which employees have been
organized shall not be controlling, and the unit sought by the I. A. M.
would therefore be inappropriate. Accordingly, we find the unit
sought by the Employer appropriate, and the unit sought by the
I. A. M. inappropriate.
We find that all shop employees of the Employer in its service depart-
ment, Spokane, Washington, including mechanics, tune-up specialists,
front-end specialists, radio specialists, car washers, car polishers, new
car service and lubrication employees, car parkers, body and fender
mechanics, painters and painters' helpers, but excluding all other em-
ployees, the service department clerk, office employees, professional
employees, guards, and supervisors, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act .5
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes 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, as amended, among
the employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
B Matter of Nash Motors Division of Nash-Kelvinator Sales Corporation, 68 N. L. R. B.
651.
4 Matter of Lewiston Buick Company, 77 N. L. R. B. 375.
If the I. A. M. does not wish to participate in an election for the unit herein found
appropriate , it may withdraw its petition filed in thic proceeding upon notice to that effect
given to the Regional Director , in writing, within ten ( 10) days from the date of the
Direction of Election herein . See Matter of Eisner Grocery Company, 72 N. L . R. B. 721.
HULL-RODELL MOTORS , INC. 1411
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 deter-
mine whether or not they desire to be represented , for purposes of
collective bargaining , by International Association of Machinists,
Lodge No . 86 (Ind.).