Jerry Cravens, Inc.

National Labor Relations Board - Board Decisions

Aug 19, 1955

113 N.L.R.B. 875 (N.L.R.B. 1955)

JERRY CRAVENS, INC. 875
from inclusion in the unit and from membership in the union, those
employees are thereafter limited in their choice of an effective bargain-
ingrepresentative. If they elect to join the contracting union, or one
found to be acting in its stead, they should be taken to have -
sur-rendered their right to seek, through Board processes,, to obtain
,collective-bargaining representation for the duration of the contract.
In view of the assistance of the Steelworkers in organizing the
employees herein involved for the Petitioner, the speed with which
the group transferred from the Steelworkers to the Petitioner, after
the Board's dismissal of the Steelworkers' petition, the relationship
between the Steelworkers and the Petitioner, the continuity of leader-
ship following the replacement of the Steelworkers by the Petitioner,
and all the other circumstances of this case, we would find that the
Steelworkers is seeking, with the aid of the- Petitioner, to circumvent
the Board decision and to "accomplish indirectly what it has agreed
not to do directly." 19 Accordingly, we would find that the Steel-
workers' contract, which is effective until November 1956,- and which
was found to constitute a bar in-Case No. 4-RC-2598, likewise con-
stitutes a bar to the, present proceeding, and we would therefore grant
the Employer's motion to dismiss the petition."
"Briggs Indiana Corporation, 63 NLRB 1270, 1272.
' See dissent of Member Rodgers in Huron Portland Cement Co., 112 NLRB 1465.
Jerry Cravens, , Inc. and Local 850, International Association of
Machinists, AFL, and Local Union No. 886, International Broth-
erhood of Teamsters , Chauffeurs, Warehousemen and Helpers
of America, AFL, Petitioner.' Case No. 16RC-1702. Augu$t 19,
1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Lewis A. Ward, hearing
^off'icer. 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, Employer, a retail automobile dealer in Oklahoma City,
Oklahoma, moved the dismissal of the petition on the ground that its
'new-car purchases are indirect out-of-State purchases and do not meet
the Board's jurisdictional minimum of $2,000,000. The record shows,
that the Employer annually purchases through the Oklahoma City
office of the Ford Motor Company approximately $1,900,000 worth of
z The names of the parties appear as used in the hearing,
113 NLRB No. 94.
876 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
new automobiles and trucks which are delivered from Ford's assembly
plants in Dallas, Memphis, Kansas City, and Detroit. As these prod-
ucts are assembled in and shipped from out-of-State areas, we find that
they constitute direct out-of-State purchases. 'We also find without
merit the Employer's contention that the procedure of placing its
orders through the local office of the Ford Motor Company renders
these purchases indirect. Accordingly, we conclude that the Employer
meets the Board's standards for retail establishments which require
a minimum of $1,000,000 for direct out-of-State purchases.'. We
therefore find that the Employer is engaged in commerce within the
meaning of the Act and that it will effectuate the purposes of the Act
to assert jurisdiction herein. The Employer's motion to dismiss is
hereby denied.
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 the employees of the Employer within the meaning of Section
9 (c) and Section 2 (6) and (7) of the Act.
4. We find in agreement with the parties that the following em-
ployees of the Employer constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act : All service department, body shop department, and parts
department employees working in the Employer's Oklahoma City,
Oklahoma, operations, including mechanics, parts men, body men,
painters, drivers, service salesmen, porters, lubrication men, service
dispatchers, service cashiers, and service clerks, but excluding office
clerical employees, professional employees, car salesmen, and super-
visors as defined in the Act.
[Text of Direction of Election omitted from publication.]
CHAIRMAN FARMER and MEMBER RODGERS took no part in the con-
sideration of the above Decision and Direction of Election.
9 Cf. Wilson Oldsmobtile, 110 NLRB 534; Kenneth Chevrolet Company, 110 NLRB 1615;
Hogue and Knott Supermarkets, 110 NLRB 543.
General Motors Corporation , Fisher Body Division , Pittsburgh
Plant and Pattern Makers ' League of North America , Pitts-
burgh Association , A.F.L., Petitioner . Case No. 6-RC-1566.
August 19, 1955
DECISION AND DIRECTION OF'ELECTION
Upon a petition duly filed under Section 9 ( c) of the National Labor
Relations Act, a hearing was held before Donald J. Myers , hearing
113 NLRB No. 89.