United Motors Service Inc.

National Labor Relations Board - Board Decisions

Aug 19, 1941

34 N.L.R.B. 497 (N.L.R.B. 1941)

In the Matter Of UNITED MOTORS SERVICE INC., (DETROIT WAREHOUSE)
and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
AFFILIATED WITH THE C. I. O.
Case No. R4860.-Decided August 19, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. 7'. H. McKeon,, for the Board.
Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and Mr.
Robert C. Carson, of Detroit, Mich., for the Company.
Mr. James Neuman, of Detroit, Mich., for the Union.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 13, 1941, United Electrical, Radio and Machine Workers of
America, affiliated with the Congress of Industrial Organizations,
herein called the Union, filed with the Regional Director for the
Seventh Region (Detroit, Michigan) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of United Motors Service Inc., herein called the Company,
engaged in the business of selling, servicing, and warehousing auto-
mobile parts and accessories, and electric motors at 4635 Lawton Ave-
nue, Detroit, Michigan, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July
14) 1941, the Company, the Union, and a Field Examiner of the Board
entered into a "STIPULATION FOR CERTIFICATION OF REP-
RESENTATIVES UPON CONSENT ELECTION." On July 15,
1941, the National Labor Relations Board, herein called thee Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
34 N. L. R. B., No. 72.
497
498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on July 28, 1941, under the direction and supervision of the
Acting Regional Director, among all warehouse parts department
employees, including receiving clerks, receiving department helpers,
order fillers, packer-checkers, shipping clerks, salvage and warranty
men, counter men, stock clerks and janitors and employees in the
service department including mechanics, fuel pump rebuilders, coil
retapers, helpers and drivers of the Company but excluding from
both departments all supervisory employees, manager, assistant man-
ager, operating manager, warehouse parts manager, assistant parts
manager, service manager, assistant service manager, foremen, sales-
men, apprentices, clerical employees, general office employees, and
office employees in the stockroom, to determine whether or not said
employees desire to be represented by the Union.
On July 30, 1941, the Acting Regional Director issued and duly
served upon the parties an Election Report on the ballot. No objec-
tions to the conduct of the ballot or the Election Report have been
filed by any of the parties.
In his Election Report, the Acting Regional Director reported as
follows concerning the balloting and its results :
Total on eligibility list--- -------------
Total ballots cast------------------------------------------------------
Total ballots challenged ________________________________________________
Total blank ballots- ----------------------------------------------------
r
31
0
0
Total void ballots------------------------------------------------------ 0
Total valid votes cast -------------------------------------------------- 31
Total votes cast for United Electrical , Radio and Machine Workers of
America, affiliated with the C. I. 0------------------------------------ 25
Total votes cast against United Electrical, Radio and Machine Workers of
America, affiliated with the C. I. 0----- ------------------------------- 6
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case; the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of United Motors Service Inc., 4635 Lawton
Avenue, Detroit, Michigan, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All warehouse parts department employees of the Company at
its warehouse, 4635 Lawton Avenue, Detroit, Michigan, including re-
ceiving clerks, receiving department helpers, order fillers, packer-
checkers, shipping clerks, salvage and warranty men, counter men,
stock clerks, and janitors and employees in the service department
including mechanics, fuel pump rebuilders, coil retapers, helpers and
drivers, but excluding from both departments all supervisory em-
UNITED MOTORS SERVICE, INC. 499
ployees, manager, assistant manager, operating manager, warehouse
parts manager, assistant parts manager, service manager, assistant
service manager, foremen, salesmen, apprentices, clerical employees,
general office employees and office employees in the stockroom con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. United Electrical, Radio and Machine Workers of America, affil-
iated with the Congress of Industrial Organizations, has been desig-
nated and selected by a majority of the employees in the above unit
as their representative for the purposes of collective bargaining, and
is the exclusive representative of all employees in said unit, within
the meaning of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, affiliated with the Congress of Industrial Organi-
zations, has been designated and selected by a majority of all ware-
house parts department employees, including receiving clerks, re-
ceiving department helpers, order fillers, packer-checkers, shipping
clerks, salvage and warranty men, counter- men, stock clerks, and
janitors and employees in the service department including mechanics,
fuel pump rebuilders, coil retapers, helpers and drivers, but excluding
from both departments' all supervisory employees, manager, assistant
manager, operating manager, warehouse parts manager, assistant
parts manager, service manager, assistant service manager; foremen,
salesmen, apprentices, clerical employees, general office employees and
office employees in the stockroom, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a) of
the Act, United Electrical, Radio and Machine Workers of America,
affiliated with the Congress of Industrial Organizations, is the ex-
clusive representative of• all such employees for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.