Mahoney Motor Co.

National Labor Relations Board - Board Decisions

Jan 28, 1941

29 N.L.R.B. 224 (N.L.R.B. 1941)

In the Matter of MAHONEY MOTOR COMPANY and LODGE No. 1426,
INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L. ,
Case No. R-2247.-Decided January 28, 1941
Jurisdiction : automobile and petroleum products selling industry.
Investigation and Certification of Representatives : existence of question: re-
, fusal to accord recognition to the union ; election necessary.
Unit Appropriate for Collective Bargaining : all auto machinists, mechanics,
electricians, ignition men, radiator repair men, body and fender men, painters,
grease-rack men, filling-station attendants, and all general garage help that
do work in connection with the mechanical department of the Company,
excluding all office and clerical employees, salesmen, delivery boys, and super-
visors with the authority to hire and discharge ; agreement as to.
Sifford c6 Wadden, by Mr. S. F. Wadden, of Sioux City; Iowa,
for the Company.
Mr. P. L. Sieiniller, of Des Moines, Iowa, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 17, 1940, Lodge No. 1426, International Association of
Machinists, herein called the Union, filed with the Regional Director
for the Eighteenth Region (Minneapolis, Minnesota) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Mahoney Motor Company, Sioux
City, Iowa, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On December 23, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon clue notice.
On December 27, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
29 N. L R. B, No. 40.
224
MAHONEY MOTOR COMPANY 225
the Union . Pursuant to notice , a hearing was held on January 7,
1941, at Sioux City, Iowa, before Lee Loevinger, the Trial Examiner
duly designated by the Board. The Company was represented by
counsel, the Union by its representative; both participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses , and to , introduce evidence bearing on the issues was
afforded all parties. During the course of and at the close of the
hearing, counsel for the Company filed motions to dismiss the petition
on the ground that the Company is not subject to the jurisdiction of
the Board. The Trial Examiner reserved ruling thereon. The mo-
tions are hereby denied. During the course of the, hearing counsel
for the Company moved to introduce in evidence an exhibit marked
as Company Exhibit No. 3. The Trial Examiner reserved ruling on
the admissibility of this exhibit. We hereby grant the motion of
the Company to introduce in evidence Company Exhibit No. 3.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed . The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Mahoney Motor Company is an Iowa corporation with its
principal place of business at Sioux City, Iowa, where it is engaged
in the business of buying and selling automobiles, automobile parts,
,and petroleum products.
-Front May 1, 1940, to October 31, 1940, the Company purchased
new cars, parts , accessories , petroleum products , and miscellaneous
products, valued at $273,189.24, approximately 86 per cent of which
were purchased by it from vendors outside the State of Iowa. Dur-
ing the same period the Company's retail sales of new automobiles
amounted to approximately $253,900, about 14.3 per cent of which
represented sales made in Iowa to purchasers who live outside the
State of Iowa. During the same period the Company sold parts and
accessories valued at approximately $81,447, approximately 8.3 per
cent of which represented sales of parts and accessories ' delivered in
Iowa to customers who live outside the State of Iowa, and 1.3 per
cent of which- represented parts and accessories shipped by the Com-
pany to points outside the State. During the same period the Com-
pany sold used cars valued at about $193 ,770, approximately 16.1 per
cent of which represented used cars delivered in the State of Iowa to
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
customers who live outside the .State. The Company employs ap-
proximately 80 employees.
H. THE ORGANIZATION INVOLVED
Lodge No. 1426, International Association of Machinists, is a
labor organization affiliated with the American Federation of Labor.
It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant exclusive recognition to the
Union because it controverts the Union's claim to represent a major-
ity of the employees in an appropriate unit. A ,statement of the
Regional Director introduced in evidence at the hearing shows that
the, Union represents a substantial number of employees in the unit
alleged by it to be appropriate?
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF, THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agreed at the hearing and we find
that all auto machinists, mechanics, electricians, ignition men, radia-
tor repair men, body, and fender- men, painters, grease-rack men,
filling-station attendants, and all general garage help that do work
in connection with the mechanical department of the Company, ex-
cluding all office and clerical employees, salesmen, delivery boys,
and supervisors with the authority to hire and discharge, constitute
a unit appropriate for the purposes of collective bargaining. We
further find'that such unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
' The Regional Director 's statement shows that 30 employees whose names appear on
the Company pay roll of November 30, 1940, , have signed a petition authorizing the Union
to iepie'ent them. There are approximately 45 employees in the unit alleged by the Union
to be appropriate.
MAHONEY MOTOR COMPANY 227
VI. THE DETERMINATION OF REPRESENTAT1VES-
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Union stated that in the event the Board directed an election it
desired that the Company's pay roll of January •3, 1941, introduced
in evidence at the hearing,, be used to determine eligibility to vote.
The Company did not take any position with respect to the eligibility
date. No reason appears why the pay roll for the period immediately
preceding the date of our Direction should not be used to determine
eligibility to vote in the election. We find that the employees of the
Company eligible to vote in the election shall be those employees in
the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein, in.
eluding employees who did not work during such pay-roll period be
cause they were ill or on vacation and employees who were then or
have since been temporarily laid off, but excluding those who have
since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Mahoney Motor Company, Sioux' City,
Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All auto machinists, mechanics, electricians, ignition men, radia-
tor repair men, body and fender men, painters, grease-rack men,
filling-station attendants, and all general garage help that do work
in connection with the mechanical department of the Company,
excluding all office and clerical employees, salesmen, delivery boys,
and supervisors with the authority to hire and discharge, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor
Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
413602-42-vol 29-16
228 DECISIONS OF NATIONAL ' LABOR RELATIONS BOARD
with Mahoney Motor Company, Sioux City, Iowa, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the (late of this Direction, under the direc-
tion and supervision of the Regional Director for the Eighteenth
Region, acting in this matter as agent of the National Labor Rela-
tions Board , and subject to Article III, Section 9, of said Rules and
Regulations , among all auto machinists , mechanics , electricians,
ignition men , radiator repair men , body and fender men, painters,
grease-rack men, filling-station attendants, and all general help
that do work in connection with the mechanical department of the
Company who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during such pay-roll period because they were ill or on vaca-
tion and employees who were then or have since been temporarily
laid off, but excluding all office and clerical employees , salesmen,
delivery boys, supervisors with the authority to hire and discharge,
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Lodge No.
1426, International Association of Machinists, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the alcove Decision and Direction of Election.