Ruesmeyer Motor Co.

National Labor Relations Board - Board Decisions

Feb 24, 1950

88 N.L.R.B. 814 (N.L.R.B. 1950)

In the Matter of RLESMEYER MOTOR COMPANY, EMPLOYER and AUTo-
MOBILE TRANSPORT CHAUFFEURS , DEMONSTRATORS AND HELPERS,
LOCAL 604, AFL, AFFIL. WITH INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN AND HELPERS OF AMERICA,
AFL
Case No.14-RC-913.Decided February 24,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Harry G_
Carlson, 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
Houston and Reynolds].
Upon the entire record in this case, the Board finds :
1. The Employer is a dealer in Ford motor vehicles in the St. Louis,.
Missouri, metropolitan area, and operates under a franchise with the.
Ford Motor Company of Detroit, Michigan. The Employer's pur-
chases of new and used passenger cars and trucks, accessories, and parts
for the year 1949 exceeded $1,000,000 in value, and its sales for the
same period are in excess of $1,000,000. The Employer places its
orders at the Ford Motor Company supply depot at Robertson, Mis-
souri, but the shipments to the Employer are made from Memphis,.
Tennessee; Louisville, Kentucky; Chicago, Illinois; and Highland
Park, Michigan, as well as Kansas City, Missouri. All of the Em-
ployer's sales are made within the State of Missouri.
We find, contrary to its contention, that the Employer is engaged
in commerce within the meaning of the National Labor Relations Act.'
2. The labor organization involved claims to represent certain
employees of the Employer.
1 See Puritan Chevrolet, Inc., 76 NLRB 1243; Midtown Motors, et al., 80 NLRB 1679.
88 NLRB No. 152.
814
RIESMEYER MOTOR COMPANY 815
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 parties agree and we find that all salesmen of new and used
cars and trucks, excluding clerical and professional employees, guards,
all other employees, and all 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses 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 National Labor Relations
Board Rules and Regulations, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed dur-
ing the payroll period immediately preceding the .date of this Direc-
tion 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 dis-
charged for cause and have not been rehired or reinstated 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 bargaining, by Automobile
Transport Chauffeurs, Demonstrators and Helpers, Local 604,. AFL,
Affil. with International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, AFL.