Granger Motor Co.

In the Matter of K. A. GRANGER, D/B/A GRANGER MOTOR COMPANY, EMPLOYER and INTERNATIONAL AssoclArloN OF MACHINISTS, DIS- TRICT LODGE 8 7, LOCAL LODGE 1309, PETITIONER Case No. 00-RC-589.-Decided September 30, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Eugene K. Kennedy, 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 [Members Houston, Reynolds, and Murdock]. Upon the entire record in this case, the Board finds : 1. The business of the Employer : The Employer is engaged in the operation of a service and repair station, used car lot, and automobile sales agency in Madera, Cali- fornia. The Employer is a franchise holder for sale of Buick auto- mobiles. It also sells and installs replacement parts and accessories for all types of vehicles. During the year 1948, the Employer purchased new cars valued in excess of $75,000; and during the same year , its gross sales of parts, used cars and new cars , and receipts from the service and repairing of automobiles amounted to more than $450,000. Of this amount, in excess of 25 percent represented the sales of new cars. All the new cars are shipped from the Buick assembly plant at Southgate, Cali- fornia. Basic manufacture of these cars takes place in Flint,- Michigan. The Employer makes no sales outside the State of California. The Employer contends that its new car business is separate from its used car and service and repair business , and that, for such reason, the new car sales should not be considered in the determination of whether or not the Employer is engaged in commerce within the mean- ing of the Act. Employer concedes that the new car sales and the service and repair department are in the same building and that the 86 N. L. 11. B., No. 44. 336 GRANGER MOTOR COMPANY 337 entire business operates under one owner and under the salve manage- ment. From the record, it is plain that the various operations of the Employer together constitute an integrated whole, essential for an effective and successful business. Contrary to the contention of the Employer, we find that it is en- gaged in commerce within the meaning of the Act.' 2. The labor organization involved claims to represent certain em- ployees of the Employer. 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 following employees of the Employer at its Madera, Cali- fornia, plant, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act : All shop employees including the partsmen, but excluding the office and clerical employees, salesmen, and all supervisors as defined in the Act.' DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, and 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 super- vision 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 during the pay-roll period immediately preceding the date of this Direction of Election, 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 rein stated 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 bar- gaining, by International Association of Machinists, District Lodge 87, Local Lodge 1309. See Matter of Kaljian Chevrolet Company, 82 N. L. R. B. 978, and cases cited therein. z Employer has an ex-serviceman on its pay roll in training for a supervisory position. This employee is an "on-the-job" trainee under the veterans training program, and is at present referred to as the assistant service manager. However, Employer states that this employee has no power to discipline or hire or fire or make any recommendation with reference to a change of status of any employee. His work consists of routine transmittal of directions. We shall include the assistant service manager in the unit found appro- priate. See Matter of The Peal Manufacturing Company, 80 N. L. R. B. 827.