Nash Boulevard Corp.

National Labor Relations Board - Board Decisions

Feb 19, 1952

98 N.L.R.B. 156 (N.L.R.B. 1952)

156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
NASH BOULEVARD CORP. and LOCAL 259, UNITED AUTOMOBILE, AIRCRAF°_`
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, AND Lo-
CAL 995, UNITED AUTOMOBILE WORKERS OF AMERICA, AFL , PETITION-
ERs. Cases Nos. 2-RC-4035 and 2-RC-4065. February 19,195'
Decision and Direction of Elections
Upon petitions duly filed under Section 9 (c) of the National Labor
Relations Act, a consolidated hearing was held before Bernard Mar-
cus, 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 Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Chairman- Herzog and Members Murdock and
Styles].
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.'
2. The labor organizations involved claim 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.
4. The Employer is engaged in the sale of new and used automobiles
and in the service and repair of automobiles. The Petitioner in Case
No. 9-RC-4065, herein called the AFL, seeks a unit of all the employees
of the Employer including new and used car salesmen and service and
repair-shop employees. The Petitioner in Case No. 2-RC-4035, herein
called the CIO, seeks a unit limited to the service and repair-shop
employees. The Employer apparently favors the unit sought by the
A. F. L.
The shop unit sought by the CIO is the traditional unit in estab-
lishments engaged in the sale and repair of automobiles 2 On the
other hand, a separate unit limited to salesmen, as well as the over-all
unit requested by the AFL,3 may be appropriate. Under these cir-
cumstances, we find that, absent any history of collective bargaining,
the Employer's sales and shop employees may constitute separate
appropriate units, or together may constitute a single appropriate
unit. However, we will not make any final unit determination until
we have ascertained the desires of the employees involved.
I See N. L. R. B. v. Conover Motor Co., 192 F. 2d 779 (C. A. 10), and N L R. B. v. Davis
Motors Inc., 192 F. 2d 782 (C. A. 10).
2 Dunlap Chevrolet Company, 91 NLRB 1115.
8 Massachusetts Motor Car Co., 90 NLRB No. 186.
98 NLRB No. 31.
WEST TEXAS UTILITIES COMPANY 157
We shall direct elections among the following voting groups of
employees at the Employer's New York, New York, establishment:
(a) All new and used car salesmen, excluding office clerical
employees 4 and supervisors as defined in the Act.
(b) All shop employees including mechanics, greasers, porters,
polishers, washers, parts men,5 and utility men, but excluding guards,
professional employees, the service manager,° all other supervisors
within the meaning of the Act, and all employees in voting group
(a) above.
If a majority of the employees in voting group (b) cast their
ballots for the CIO, they will constitute a separate appropriate unit.
Similarly, if a majority of employees in either group (a) or (b)
cast their ballots for the AFL, the employees in that voting group will
constitute a separate. appropriate unit, provided, however, if a majority
of employees in each group cast their ballots for the AFL, they
together will constitute a single appropriate unit. The Regional
Director is instructed to issue a certificate of representatives in
accord with the foregoing.
[Text of Direction of Elections omitted from publication in this
volume.]
4 The AFL would include office clerical employees in the broad unit. The inclusion of
office clericals in units with production and maintenance employees , such as the service and
repair-shop employees herein, is contrary to Board policy . Accordingly , although office
clericals might appropriately be included in a separate unit with salesmen, they are ex-
cluded from the salesmen ' s voting group here because the over-all production and main-
tenance unit , and not a salesmen 's unit, is the basic one requested by the AFL.
5 Sam Leff, who works as a part-time partsman , is the son of the Employer. He is
excluded from the unit because of his close relationship to the Employer.
'The record shows that the service manager can effectively recommend the hiring and
discharge of employees . He is therefore excluded from the unit as a supervisor.
WEST TEXAS UTILITIES COMPANY and INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCALS Nos . 898, 920, AND 1044, AFL,
PETITIoNER . Case No. 16-RC-812. February 19, 1952
Supplemental Decision, Direction , and Order
On December 19 and 20, 1951, pursuant to a decision of the Board,'
an election was conducted in the above-entitled proceeding under the
direction and supervision of the Regional Director for the Sixteenth
Region. Upon the conclusion of the election, a tally of ballots was
furnished the parties which shows that, of the 152 votes cast, 59 valid
ballots were cast for the Petitioner, 47 valid ballots were cast against
the Petitioner, 45 ballots were challenged, and 1 void ballot was cast.
1 97 NLRB 184.
98 NLRB No. 29.