L. B. Smith, Inc.

National Labor Relations Board - Board Decisions

Sep 10, 1946

70 N.L.R.B. 1326 (N.L.R.B. 1946)

In the Matter of L. B . SMITH , INC., EMPLOYER and INTERNATIONAL
BROTHERHOOD OF TEAMSTERS , CHAUFFEURS . WAREHOUSEMEN AND
HELPERS OF AMERICA, LOCAL UNION 7 7 6, A. F. L., PETITIONER
In the Matter of L. B. SMITH, INC., EMPLOYER and AUTOMOTIVE, CON-
STRUCTION, EQUIPMENT WORKERS AND MACHINISTS UNION, NATIONAL
BROTHERHOOD OF THE C. U. A., PETITIONER
Cases Nos. 4-R-2113 and 4-R-2190, respectively.Decided September
10,19.46
Mr. Alan B. Loop, of Toledo, Ohio, for the Employer.
Mr. Sidney G. Handler, of Harrisburg, Pa., for the Teamsters.
Mr. Don Mahon, of Des Moines, Iowa, and Mr. Edwin Morse, of
Progress, Pa., for the C. U. A.
Mr. Melvin J. Welles, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly' filed, a consolidated hearing in these
cases was held at Harrisburg, Pennsylvania, on July 23, 1946, before
Herman Lazarus, Trial Examiner. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. '
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
'L. B. Smith, Inc., a Pennsylvania corporation, operates places of
business at Camp Hill, Pennsylvania, herein called the Camp Hill
operations, and at Lemoyne, Pennsylvania, herein called the motor
division. The Employer admits that it is engaged in commerce within
the meaning of the Act at its Camp Hill operations, but denies that it is
so engaged at its motor division.
At its Camp Hill operations, the Employer' is engaged in the manu-
facture, rebuilding and sale of various kinds of construction equipment,
70 N. L. R. B., No. 132
1326
L. B. SMITH, INC. 1327
the sale of new and used motor trucks, tractors and diesel engines, and
the leasing and servicing of this equipment. During the year 1945, the
Employer purchased, for its Camp Hill operations, raw materials,
parts, and equipment of a value in excess of $2,000,000, of which ap-
proximately 50 to 65 percent was purchased outside the Common-
wealth of Pennsylvania. During the same period, the Employer's
sales at its Camp Hill operations exceeded $3,000, 000, of which
approximately 25 percent represented products shipped to points
outside the Commonwealth of Pennsylvania.
At its motor division, the Employer operates a Ford agency, under
a franchise from the Ford Motor Company. Here the Employer dis-,
tributes Ford cars, trucks and allied products, and purchases and sells
used cars and trucks. 'During the year 1945, the Employer purchased,
for its motor division, cars and other products of an approximate
value of $300,000, of which approximately 35 percent was shipped to
the motor division from points outsidd the Commonwealth of Pennsyl-
vania. During the same period, the Employer's sales at' the motor
division exceeded $350,000, of which approximately 331/3 percent repre-
sented products shipped to points outside the Commonwealth of Penn-
sylvania.
Although the Camp Hill operations and the motor division have
separate pay rolls, bookkeeping systems, clerical staffs, employees, and
immediate supervisors, and are considered by the Employer to be
separate enterprises, the president, comptroller, and other officials of
the Employer control and supervise both enterprises. In addition, part
of the Employer's building in Lemoyne is utilized in connection with
the Camp Hill operations, as well as housing the motor division, and
the yard attached to the Lemoyne buildings is utilized for storage
purposes by both enterprises. Futhermore, there ist single club, main-
tained by the Employer, for the employees of the Camp Hill operations
and the motor division, and wage rates established for the same job
classifications and skills are uniform throughout the Employer's op-
erations. Accordingly, we are of the opinion that the Camp Hill
operations and the motor division are part of an integrated enterprise;
and that the operations at the motor division necessarily affect com-
merce, within the meaning of the Act.'
However, even regarding the motor division as a completely separate
enterprise, as the Employer contends it is, we are nevertheless of the
opinion, considering the nature of this enterprise, the volume of its
IN L R B v. Virginia Elect22c h Power Company, 314 U S 469, affirming on this-
point 115 F (2d) 414 (C C A. 4), enf'g 20 N L R B 911, Williams Motor Company v.
N L. R B., 128 F (2d) 960 (C C A 8), enf'g 31 N L. R. B 715; N. L. R. B. v Schmidt
Baking Co , Inc., 122 F. (2d) 162 (C C. A. 4), enf'g 27 N L R B 864.
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purchases and sales entering into channels of interstate commerce,
that it is engaged in commerce within the meaning of the Act 2
We find that the Employer, both at its Camp Hill operations and
its motor division, is engaged in commerce within the meaning of
,the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Teamsters, Chauffeurs , Warehouse-
men and Helpers of America, Local Union 776, herein called the
Teamsters , is a labor ,organization affiliated with the American Fed-
eration of Labor, claiming to represent employees of the Employer.
Automotive , Construction , Equipment Workers and Machinists
Union, National Brotherhood of the 'C. U. A., herein called the
C. U. A., is a labor organization , claiming to represent employees of
the Employer.
-III. THE QUESTIONS CONCERNING REPRESENTATION
The Employer refuses to recognize the Teamsters or the C. •U. A.
as the exclusive bargaining representative of certain employees of
the Employer until they have been certified by the Board in appro-
priate units.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and ( 7) of the Act.
IV. THE APPROPRIATE UNITS
The Teamsters, the C. U. A., and the Employer agree, and we find,
that the following. separate units, excluding all supervisory employ-
ees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, are appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
,(1) All truck drivers of the Employer, excluding all other Em-
ployees.s
(2) All production and maintenance employees on the pay roll of
the Employer's Camp Hill operations, including stock clerks , messen-
gers, and watchmen, but excluding all office employees, clerical em-
ployees, draftsmen, cost clerks and timekeepers, parts clerks, inspec-
tors, and truck drivers.4
2 The Employer contends that the motor division is not engaged in commerce because
of the nature of the business in normal times But the Employer offered no evidence at
the hearing of the nature of its motor division operations in any year other than 1945.
3 Only the Teamsters is interested in representing these employees.
4 Only the C U A. is interested in representing these employees
L. B. SMITH, INC. 1329
(3) All production and maintenance employees. of the Employer's
motor division, operating at Lemoyne, Pennsylvania, including watch-
men, messengers, 'store-room employees, and gasoline station attend-
ants, but excluding all clerical employees, office employees, salesmen,
counter parts men, and truck drivers.5
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot, subject to the limi-
tations and additions set forth in the Direction.
The Teamsters and the C. U. A. requested at the hearing that in the
evelrt the Board directed elections, eligibility to vote should be deter-
mined by a pay roll of the Employer dated no earlier than the date of
the filing of the petitions herein, and no later than the date of the
hearing. The bases for this request were the alleged long delay between
the filing of the petitions and the hearing, and the possibility that there
may be further delays before elections are ordered.
These reasons, however, are, in our opiiiion, insufficient to warrant
a departure from our customary practice of using a current pay-roll
period to determine eligibility to vote-a practice designed to prevent
disenfranchising emyloyees who have a substantial interest in collective
bargaining concerning terms and conditions of employment.
DIRECTION OF ELECTIONS
As part of the investigations to ascertain representatives for the pur-
poses of collective bargaining with L. B. Smith, Inc., Lemoyne, Penn-
sylvania, and Camp Hill, Pennsylvania, elections by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and,supervision
of the Regional Director for the Fourth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of National Labor Relations Board Rules and
Regulations=Series 3, as amended, among the employees in the unit
found appropriate in Section IV, above, Who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls, 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, to determine whether or
not the employees in Unit (1) desire to be represented by Interna-
5 Only the C U A is interested in representing these employees.
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, Local Union 776, A. F. L., for the purposes of
collective bargaining; to,determine whether or not the employees in
Unit (2) desire to be represented by Automotive,- Construction,
Equipment Workers and Machinists Union, National Brotherhood of
the C. U. A., for the purposes of collective bargaining, and to determine
whether or not.the employees in Unit (3) desire to be represented by
Automotive, Construction, Equipment Workers and Machinists
Union, National Brotherhood of the C. U. A., for the purposes of'
collective bargaining.