Smith-Briggs, Inc.

National Labor Relations Board - Board Decisions

Dec 30, 1949

87 N.L.R.B. 1574 (N.L.R.B. 1949)

In the Matter Of SMITH-BRIGGS, INC., GIVEN MOTORS, INC., BILL
BROWN, INC., J. B. COTE, INCORPORATED, DAHLINGER-KAY, INCORPO-
RATED, DAN R. COURTNEY, INC., NORTHLAWN MOTOR SALES, INC.,
EMPLOYERS and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO,
PETITIONER
Cases Nos. 7-RC-648, 7-RC-649, 7-RC-650, 7-RC-651, 7-RC-652,
7-RC-685, and 7-RC-703.-Decided December 30,1919
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a hearing in this consolidated
matter was held before Harold L. Hudson, hearing officer. The hear-
ing 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 consolidated case to a three-member panel [Chairman Herzog
and Members Reynolds and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employers, who are authorized Ford and Mercury dealers
in Detroit and Highland Park, Michigan, contend that they are not
subject to the Board's jurisdiction because they are engaged in business
solely within the State of Michigan and that no substantial quantity
of the products bought or sold by them flow directly across State
lines. For the reasons stated in Johns Brothers, Inc., et al.,l we find
that each of the Employers is engaged in commerce within the meaning
of the National Labor Relations Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employers.
1 84 NLRB 294 . Member Murdock joins in this decision only because he deems himself
bound by the majority decision of the Board in the case cited.
87 NLRB No. 160.
1574
SMITH-BRIGGS, INC. 1575
3. Questions affecting commerce exist concerning the representation
of employees of the Employers within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. We find that all employees of each Employer individually, ex-
cluding office and clerical employees, new and used car salesmen, ad-
ministrative and professional employees, watchmen, superintendents,
service managers, shop foremen, and all supervisors as defined in the
Act, constitute separate appropriate units for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTIONS 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with each individual Employer,
separate elections by secret ballot shall be conducted as early as pos-
sible, but not later than 60 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 separate units found appropriate in paragraph
numbered 4, above, who were employed during the pay-roll period
immediately preceding the date of this Direction of Elections, includ-
ing employees who did not work during said pay-roll 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 elections, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine :
(1) Whether the employees in each of the units relating to Smith-
Briggs, Inc., Given Motors, Inc., Bill Brown, Inc., J. B. Cote, Incor-
porated, and of Dahlinger-Kay, Incorporated, desire to be represented,
for purposes of collective bargaining, by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, CIO, or by Mechanics' Motor City Lodge No. 698, International
Association of Machinists, or by neither; and
(2) Whether or not the employees in each of the units relating to
Northlawn Motor Sales, Inc., and Dan R. Courtney, Irrc., desire to
be represented, for purposes of collective bargaining, by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, CIO.
2 Any participant in the separate elections directed herein may , upon its prompt request
to, and approval thereof by , the Regional Director , have its name removed from the ballot.