Lewiston Buick Co.

National Labor Relations Board - Board Decisions

Apr 27, 1948

77 N.L.R.B. 375 (N.L.R.B. 1948)

In the Matter of LEwISTON BUiCK COMPANY, EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 1-RC-4.-Decided April 27, 1948
Skelton ce Mahon, by Mr. John J. Mahon, of Lewiston, Maine, for
the Employer.
111r. Harold F. Reardon, of Boston, Mass., and Mr. Jerome Y. Sturm,
of New York City, for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Lewiston,
Maine, on January 8, 1948, before Thomas J. Ramsey, hearing officer.
The hearing officer's-rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board 1 makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Lewiston Buick Company, a Maine corporation, with its principal
office and place of business at Lewiston, Maine, and with branches at
Augusta and Bath, Maine, operates retail sales and service agencies
for Buick automobiles under a franchise from the Buick Motor Divi-
sion of General Motors Corporation, Flint, Michigan, as well as serv-
ice stations for the repair and reconditioning of automobiles. During
1946, a representative period, the Employer purchased new automo-
biles and parts in the aggregate value of $191,000, all of which were
received from points outside the State of Maine, and used cars in the
aggregate value of $42,300, all of which were purchased within the
State as trade-ins. During the same period, the Employer sold new
'Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its
powers in connection with this case to a three -man panel consisting of the undersigned
Board .Members [ Chairman Herzog and Members Murdock and Gray]
77 N. L. R. B., No 58.
375
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and used cars in the aggregate value of $271,000, virtually all of which
were sold to customers within the State. This proceeding is concerned
only with the Employer's Lewiston agency, which does 50 percent of
the Employer's business. The Employer contributes to a national
advertising fund administered by the Buick Motor Division and
belongs to the National Automobile Dealers Association.
We find, contrary to its contention, that the Employer is engaged
in commerce within the meaning of the National Labor Relations
Act.2
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
M. TILE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in all appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer,, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner and Employer agree that a unit of all employees
in the Employer's service department at Lewiston, Maine, engagecl
in the maintaining, servicing, and repairing of automobiles, except
for executives, office and clerical employees, and all guards, profes-
sional employees, and supervisors as defined in the Act, is appro-
priate. They disagree, however, with respect to an employee hired
under the G. I. training program.
The Employer contends that Rosaire Gagnon, the G. I. trainee,
should be excluded from the unit because he has not completed his
2-year training period 3 and because the question of his permanent
and regular employment will be decided by the Employer only at
the conclusion of the training pediod. The Petitioner requests that
Gagnon be included. As Gagnon is employed under the same con-
ditions as, and has substantial interests in common with, the other
employees, and as he is, in effect, a probationary employee with a
reasonable expectation of becoming a permanent employee, we shall,
in accordance with our practice, include him in the unit .4
2 Matter of Liddon White Truck Co , 76 N. L R B 1181.
8 Rosaire Gagnon has been employed for a little over a year
4 Matter of West Engineering Company, 74 N L. R B 36.
LEWISTON BUICK COMPANY 377
We find that all employees in the Employer's service department at
Lewiston, Maine, engaged in the maintaining, servicing, and repair-
ing of automobiles, including G. I. trainees,5 but excluding executives,
office and clerical employees, and all guards, professional employees,
and supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Lewiston Buick Company,
Lewiston, Maine, an election 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 First Region, 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 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, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or re-
instated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented by International Association of
Machinists for the purposes of collective bargaining.
6 Rosaire Gagnon.