Master Pontiac Co., Inc.

National Labor Relations Board - Board Decisions

Mar 7, 1950

88 N.L.R.B. 932 (N.L.R.B. 1950)

In the Matter of MASTERS PONTIAC COMPANY, INC., EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 1126, DIS-
TRICT No. 94, PETITIONER
Case No. 01-RC-1040.-Decided March, 7,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Jack R. Berger,
hearing officer. 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-member panel [Chairman Herzog and Members
Reynolds and Murdock].
Upon the entire record 2 in this case, the Board finds :
1. The Employer, at its plant in Long Beach, California, operates
a sales and service agency for Pontiac automobiles, under the standard
form of dealer's agreement between the Employer and the Pontiac
Division of General Motors Corporation. Although the Employer
refused to produce any information concerning its business, or to
testify with respect thereto, we find from the evidence adduced from
other sources that it is engaged in commerce within the meaning of
the Act.'
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 employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
'The rulings , motions, and issues in this case are substantially the same as those in
Angelus Chevrolet Co., 88 NLRB 929, issued this date . The hearing officer and Em-
ployers' counsel are the same. In both cases, the Employers are engaged in the same type
of business. In both cases, the Employers ' briefs set forth similar arguments . For the
reasons stated in the Angelus case, the hearing officer ' s rulings herein are affirmed , and the
Employer ' s motions herein are denied.
2 The Petitioner ' s brief, being untimely filed, was not considered.
3 Angelus Chevrolet Co., footnote 1, supra, and cases cited therein.
SS NLRB No. 175.
932
MASTERS PONTIAC COMPANY, INC. 933
4. We find that all automotive mechanics, machinists, frame and
axle men, radiator repairmen, automobile men, printers, apprentices,
add helpers, at the Employer's Long Beach, California, plant, but
excluding salesmen, delivery men, lubrication men, polishers, wash-
rack men, office and clerical employees, watchmen, guards, profes-
sional employees, and supervisors as defined in the Act, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act 4
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 supervision of the Regional Director for the Region in which
this case was heard, and subject to Sections 203.61 and 203.62 of Na-
tional Labor Relations Board Rules and Regulations, among the em-
ployees in the unit found appropriate in paragraph numbered 4, above,
who were employed during the payroll period immediately preceding
the date of this Direction of Election, including employees who did
not work during said payroll 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 excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collective
bargaining, by International Association of Machinists, Lodge No.
1126, District No. 94.
4 The Employer took no position with respect to appropriateness of the unit.