Vevoda Motor Sales

National Labor Relations Board - Board Decisions

Oct 14, 1949

86 N.L.R.B. 573 (N.L.R.B. 1949)

In the Matter of GEORGE VEVODA, AN INDIVIDUAL , D/B/A VEVODA MOTOR
SALES, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS,
DISTRICT LODGE 95 LOCAL LODGE 1178, PETITIONER
In the Matter of DELL CHASE , AN INDIVIDUAL , D/B/A CHASE 'S GARAGE,
EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIS-
TRICT LODGE 95 LOCAL LODGE 1178, PETITIONER
In the Matter of FORREST HUGHES, AN INDIVIDUAL D/B/A FORREST
HUGHES STUDEBAKER SALES AND SERVICE, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS , DISTRICT LODGE 95 LOCAL LODGE
1178, PETITIONER
Cases Nos. 20-RC-600, 2O-RC-603, and 20-RC-604, respectively.-
Decided October 14,1949
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing was held
before Robert V. Magor, 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 Gray].
Upon the entire record in this case, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent em-
ployees of the Employers.
3. Questions affecting commerce exist concerning the representation
of certain 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 the following units are appropriate for collective
bargaining purposes within the meaning of Section 9 (b) of the Act :
86 N. L. R. B., No. 76.
573
574 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) All employees in the garage of Vevoda Motor Sales, Ukiah,
California, including mechanics and their apprentices, the body and
paint man, the part-time painter, the lubrication and wash rack man,
and the parts man,' but excluding salesmen, office and clerical em-
ployees, the garage foreman, the parts department manager, and all
other supervisors as defined in the Act.
(b) All employees in the repair shops and parts department at
Chase's Garage, Ukiah, California, including mechanics and their
apprentices,. and the body and paint man, but excluding office and
clerical employees, the shop foreman, and all other supervisors as
defined in the Act.
(c) All employees at the garage of Forrest Hughes Studebaker
Sales and Service, Ukiah, California, including mechanics and their
apprentices, the lubrication man, the service station operator, and the
parts man,2 but excluding office and clerical employees, the shoe fora-
man, and all other supervisors as defined in the Act.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employers elections 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 units found appro-
priate in paragraph numbered 4, above, who were employed during
the pay-roll period immediately preceding the date of this Direction of
Elections, including, 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 en-
titled to reinstatement, to determine whether or not they desire to be
represented, for purposes of collective bargaining, by International
Association of Machinists, District Lodge 95, Local Lodge 1178.
1 Notwithstanding the agreement of the parties to the contrary , we see no reason to
depart from our practice of including the lubrication and wash rack man and the parts
man in a unit with automotive mechanics where, as here , their interests are so closely
interrelated . Matter of Jack Taylor and Paul Bullard , d/b/a Butte Motors, 85 N. L. R. B.,
No. 221 ; Matter of Charles Smith Nash Company, 83 N. L. R. B. 511.
2 Contrary to the parties ' agreement , we find no justification for excluding the lubrica-
tion man, the service station operator, and the parts man. See footnote 1, supra.