Reslink and Wiggers Motors

National Labor Relations Board - Board Decisions

Nov 18, 1949

87 N.L.R.B. 126 (N.L.R.B. 1949)

In the Matter of H. G. RESLINK AND JOHN WIGGERS, PARTNERS, D/B/A
RESLINK AND WIGGERS MOTORS, EMPLOYER and INTERNATIONAL Asso-
CIATION OF MACHINISTS, LODGE 842, PETPPIONER
Case No. 6-RC-420.-Decided November 18, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Erwin Lerten,
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 Mem-
bers Houston and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is a partnership in Erie, Pennsylvania, engaged
in selling new and used trucks. The Employer also repairs trucks
at its place of business.
During the 12-month period preceding the hearing, the Employer
purchased trucks and other materials valued in excess of $100,000,
of which 75 percent was shipped from points outside the State. Dur-
ing this same period, the Employer's sales were valued in excess of
$100,000, of which approximately 3 percent was sold outside the State.
The Employer has a franchise from General Motors Corporation.
Contrary to the Employer's contention, we find that the Employer
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.
4. The Petitioner seeks a unit of garage mechanics, helpers, appren-
tices, and parts clerks, excluding office and clerical employees, guards,
3 Liddon White Truck Company, Incorporated, 76 NLRB 1181; Lewiston Buick Company,
-77 NLRB 375; Harrys Cadillac-Pontiac Company, Incorporated, at al., 81 NLRB 1.
87 NLRB No. 24.
126
RESLINK AND WIGGERS MOTORS 127
and supervisors . The Employer would include a bookkeeper and two
salesmen , and would exclude the two apprentices serving under the
Servicemen's Readjustment Act. The parties agree on the inclusion
of the regular apprentice.
It appears that the bookkeeper and the salesmen have duties and in-
terests not in common with those of the mechincs and parts men. We
shall therefore exclude them from the unit.
The Employer has three apprentices, two of whom are serving under
the Servicemen's Readjustment Act, popularly known as.G. I. trainees.
They receive part of their income from the Employer and part of their
income from the United States Government. One of these employees
works on body repair, and the other is an apprentice mechanic. They
work a full workweek. We shall include the G. I. trainees in the
Unit .2
The Petitioner would exclude Donald E. Reslink, a parts man,
from the unit because of his relationship with one of the partners.
He has no financial interest in the partnership, but he is a brother of
Harold G. Reslink, a partner. Although Donald E. Reslink works
with the other employees and his duties are closely related to theirs,
we shall, nevertheless, exclude him from the unit because of his close
relationship to one of the partners.3
We find that all mechanics, helpers, apprentices, G. I. trainees, and
parts men at the Employer's garage in Erie, Pennsylvania, excluding
the bookkeeper, salesmen , Donald E. Reslink, guards, and supervisors,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
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 super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
2 Lewiston Buick Company, 77 NLRB 375; West Engineering Company, 74 NLRB 36.
3 Lewis W. Courtney and Elmer J . Seidel, a partnership, d/b/a Denver Smoked Fish
Company, 81 NLRB 622.
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, for purposes of collective bar-
gaining, by International Association of Machinists, Lodge 842.