The Everett Automotive Jobbers Association

In the Matter of THE EVERETT AUTOMOTIVE JOBBERS ASSOCIATION, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIS- TRICT LODGE 69 (INDEPENDENT), PETITIONER In the Matter of SNOHOMISH COUNTY AUTOMOBILE DEALERS AssocIA- TION, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE 69 (INDEPENDENT), PETITIONER In the Matter of R. E. NELSEN D/B/A EVERETT TRUCK SALES, EM- PLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE 69 (INDEPENDENT), PETITIONER In the Matter of CRESCENT AUTOMOTIVE SERVICE, INC., EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE 69 (INDEPENDENT), PETITIONER Cases Nos. 19-RC-106 through 19-RC-109, respectively.Decided January 06,1919 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed, a consolidated hearing was held before a hearing officer of the National Labor Relations Board.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board finds : 1. The business of the Employers : (a) The Everett Automotive Jobbers Association, Case No. 19-RC-- 106. The Jobbers Association is an unincorporated association of six employer-members engaged in the purchase and the wholesale and retail sale of automotive and truck parts, equipment, and accessories, The employer-members have franchises with various manufacturers of automotive parts. During the first 6-month period of 1948, the employer-members collectively purchased parts and accessories valued in excess of $299,000, of which 88 percent was manufactured outside the State. The employer-members received delivery of their pur- chases directly from the manufacturers outside the State or from the manufacturers' warehouse within the State, or from the Seattle office of 1 The petitions and other formal papers were amended at the hearing to show the correct names of the Employers. 81 N. L. R. B., No. 51. 304 THE EVERETT AUTOMOTIVE JOBBERS ASSOCIATION 305 the employer-member. During the same 6-month period, total sales made by all employer-members exceeded $406,000. All sales were made to local customers, a small percentage of which was to trucking companies having Interstate Commerce Commission permits. The totality of the employer members' operations clearly has an impact on interstate commerce, regardless of whether or not the Board would assert jurisdiction as to each employer-member were it before the Board individually. The employer-members, for the purposes of this proceeding, admit and we find, contrary to the contention of Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, AFL, Local 139, herein called the Intervenor, that the employer-members are engaged in commerce within the mean- ing of the National Labor Relations Act.2 (b) Snohomish County Automobile Dealers Association, Case No, 19-RC-107. The Dealers Association is an unincorporated association of 18 employer-members, engaged in purchasing, selling, and servicing new and used cars and/or trucks, parts, and accessories in and around Everett, Washington, under franchise with various automobile manu- facturers. During the first 6-month period of 1948, the employer- members collectively purchased new cars, parts, and accessories valued in excess of $1,870,000, of which 95 percent was manufactured outside the State. All new cars were manufactured outside the State. De- liveries were made to the employer-members in Everett, Washington, either directly from the manufacturers' plants or from Seattle dis- tributing centers. During the same 6-month period, total sales of all employer-mem- bers exceeded $2,393,000. Sales were made to local customers and occasionally to an out-of-State customer who came into the employer- member sales offices for delivery. A small percentage of sales and services was made to customers whose cars, trucks, or products move in interstate commerce. The totality of the employer-members' operations clearly has an impact on interstate commerce, regardless of whether or not the Board would assert jurisdiction as to each employer-member were it before the Board individually. The employer-members, for the purposes of this proceeding, admit and we find, contrary to the contention of the Intervenor, that the employer-members are engaged in commerce within the meaning of the Act.' (c) R. E. Nelson, d/b/a Everett Truck Sales, Case No. 19-RC-108. Nelsen is an individual engaged in the purchase, sale and service of 7 Matter of Edward Taubman, et al., 77 N. L R. B. 846. $ Matter of Liddon White Truck Company, 76 N. L. R. B. 1181; Matter of Bell-Wyman Company, 79 N. L. R. B 1193, and cases cited therein. 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International trucks, parts , and accessories in Everett , Washington, and vicinity . During the first 6-month period of 1948 , Nelsen pur- chased trucks valued in excess of $100,000, all of which were manufac- tured outside the State. Deliveries to the Employer were made from Seattle, Washington. During the same period , sales valued in excess of $200,000 were made within the State. An occasional sale was made to an out-of-State customer who came into the Employer's shop for delivery. This Employer furnishes emergency service and repairs to trucks engaged in interstate commerce. The Employer admits and we find, contrary to the contention of the Intervenor, that he is engaged in commerce within the meaning of the Act.4 (d) Crescent Automotive Service, Inc., Case No. 19-RC-109. Crescent is a holding company, of which all the stock is owned in equal shares by three individuals, Arlie Gilliland , W. C. Hanson, and H. M. Hanson . These three individuals own, operate, and control as partners, five business concerns ; Motor Parts Exchange, Crescent Auto Supply, Crescent Motor Company , Crescent Automotive Serv- ice, and Crescent U-Drive. These five concerns are engaged in dif- ferent activities within the automotive field, such as buying and selling Willys cars and jeeps, automotive parts, equipment and tire supplies, and services and repairs. They are all located within one block, upon land in buildings owned and controlled by Crescent, and are interrelated and interdependent in their varied activities. For the first 6-month period of 1948, the total purchases of Crescent, in- cluding the five partnerships, were valued in excess of $200,000, ap- proximately 40 percent of which was purchased outside the State and 90 percent of which was manufactured outside the State. Total sales for the same 6-month period were valued in excess of $200,000 , approxi- mately 11/2 percent of which was made outside the State. Crescent, including the five partnerships, admits, and we find, con- trary to the contention of the Intervenor, that it is engaged in com- merce within the meaning of the Act. 2. The labor organizations named below claim to represent employ- ees of the Employer. 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.5 Footnote 3, supra. Matter of Denver Truck Exchange Inc., 80 N. L. R. B. 179. 5 The Employer' s motion to dismiss the petitions upon the basis of the original decision issued in Matter of Advance Pattern Company, 79 N. L. R. B. 209, is hereby denied for the reasons stated in a supplemental decision issued in Matter of Adtance Pattern Company, 80 N. L. R. B. 29, in the same case. THE EVERETT AUTOMOTIVE JOBBERS ASSOCIATION 307 4. The appropriate units : (a) The Everett Automotive Jobbers Association, Case No. 19-RC- 106. The Jobbers Association is an association of employer-members formed for the purposes of collective bargaining. Representatives of the employer-members meet jointly to negotiate terms of collective bargaining agreements. The Jobbers Association, as such, cannot sign contracts for its employer-members. After the joint negotia- tions, the respective employers sign identical agreements embodying the terms so negotiated. Under these circumstances, we find that the Jobbers Association is an Employer within the meaning of the Act and that an association-wide unit is an appropriate bargaining unit 6 for employees of employer-members of the Jobbers Association. We further find, in accordance with the agreement of the parties, that service station employees, motorcycle men, pick-up and delivery men, washers and cleaners, greasers, sanders, polishers, tire repair- men, vulcanizers, retreaders, battery and tire servicemen, parts, tool and stockroom employees, parking lot, and garagemen of The Everett Automotive Jobbers Association, excluding professional employees, guards, office employees, supervisors and all other employees, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. (b) Snohomish County Automobile Dealers Association, Case No. 19-RC-107. The Dealers Association is an association formed for the purposes of collective bargaining for its employer-members. For approximately the past 10 years the Dealers Association, as an asso- ciation, has bargained for and has entered into and signed collective bargaining contracts covering the employees of its employer-members. Under these circumstances, we find, in accordance with the agreement of the parties, that the Dealers Association is an Employer within the meaning of the Act and that an association-wide unit is an appro- priate bargaining unit for employees of the employer-members of the Dealers Association. We further find, in accordance with the agreement of the parties, that service station employees, motorcycle men, pick-up and delivery men, washers and cleaners, greasers, sanders, polishers, tire repairmen, vulcanizers, retreaders, battery and tire servicemen, parts, tool and stockroom employees, parking lot and garagemen of Snos'homish County Automobile Dealers Association, excluding professional em- ployees, guards, office employees, supervisors and all other employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 'Matter of Richard Young Co., at al., 64 N. L. R. B. 733, and Matter of Ward Baking Company, 78 N. L. R. B. 781. 829595-50-vol. 81-21 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) R. E. Nelsen, d/b/a Everett Truck Sales, Case No. 19-RC-108. We find, in accordance with the substantial agreement of the parties, that service station employees, motorcycle men, pick-up and delivery men, washers and cleaners, greasers, sanders, polishers, tire repair- men, vulcanizers, retreaders, battery and tire servicemen, parts, tool and stockroom employees, parking lot and garagemen of R. E. Nelsen, d/b/a Everett Truck Sales, excluding professional employees, guards, office employees, supervisors and all other employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. (d) Crescent Automotive Service, Inc., Case No. 19-RC-109. Be- cause of the joint ownership, operation and control by the three in- dividuals named above, and the interrelated and interdependent activities of their holding company and their five partnerships, we find that these related concerns constitute a single Employer within the meaning of the Act. We further find, in accordance with the substantial agreement of the parties, that service station employees, motorcycle men, pick-up and delivery men, washers and cleaners, greasers, sanders, polishers, tire repairmen, vulcanizers, retreaders, battery and tire servicemen, parts, tool and stockroom employees, parking lot and garagemen of Crescent Automotive Service, Inc., and its related partnerships (Motor Parts Exchange, Crescent Auto Supply, Crescent Motor Company, Crescent Automotive Service, and Crescent U-Drive), excluding pro- fessional employees, guards, office employees, supervisors and all other employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Everett Automotive Job- bers Association, Snohomish County Automobile Dealers Association, R. E. Nelsen d/b/a Everett Truck Sales, and Crescent Automotive Service, Inc., and its related partnerships (Motor Parts Exchange, Crescent Auto Supply, Crescent Motor Company, Crescent Automo- tive Service, and Crescent U-Drive), respectively, separate elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the di- rection 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-Series 5, as amended, among the employees in the four units found appropriate in paragraph numbered 4, above, who were employed during the pay- THE EVERETT AUTOMOTIVE JOBBERS ASSOCIATION 309 roll period immediately preceding the date of this Direction, 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 em- ployees who have since quit or been discharged 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 they desire to be represented, for the purposes of collective bargaining, by International Association of Machinists, Dis- trict Lodge 69 (Independent), or by International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, Local 39, or by neither.? CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Elections. ° Any participant in the election directed herein may , upon its prompt request to, and approval thereof by, the Regional Director, have its name removed from the ballot.