Reslink and Wiggers Motors

In the Matter of H. G. RESLINK AND JOHN WIGGERS, PARTNERS, D/B/A RESLINK AND WIGGERS MOTORS, EMPLOYER and INTERNATIONAL Asso- CIATION OF MACHINISTS, LODGE 842, PETPPIONER Case No. 6-RC-420.-Decided November 18, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Erwin Lerten, 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 Mem- bers Houston and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is a partnership in Erie, Pennsylvania, engaged in selling new and used trucks. The Employer also repairs trucks at its place of business. During the 12-month period preceding the hearing, the Employer purchased trucks and other materials valued in excess of $100,000, of which 75 percent was shipped from points outside the State. Dur- ing this same period, the Employer's sales were valued in excess of $100,000, of which approximately 3 percent was sold outside the State. The Employer has a franchise from General Motors Corporation. Contrary to the Employer's contention, we find that the Employer is engaged 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 Petitioner seeks a unit of garage mechanics, helpers, appren- tices, and parts clerks, excluding office and clerical employees, guards, 3 Liddon White Truck Company, Incorporated, 76 NLRB 1181; Lewiston Buick Company, -77 NLRB 375; Harrys Cadillac-Pontiac Company, Incorporated, at al., 81 NLRB 1. 87 NLRB No. 24. 126 RESLINK AND WIGGERS MOTORS 127 and supervisors. The Employer would include a bookkeeper and two salesmen, and would exclude the two apprentices serving under the Servicemen's Readjustment Act. The parties agree on the inclusion of the regular apprentice. It appears that the bookkeeper and the salesmen have duties and in- terests not in common with those of the mechincs and parts men. We shall therefore exclude them from the unit. The Employer has three apprentices, two of whom are serving under the Servicemen's Readjustment Act, popularly known as.G. I. trainees. They receive part of their income from the Employer and part of their income from the United States Government. One of these employees works on body repair, and the other is an apprentice mechanic. They work a full workweek. We shall include the G. I. trainees in the Unit .2 The Petitioner would exclude Donald E. Reslink, a parts man, from the unit because of his relationship with one of the partners. He has no financial interest in the partnership, but he is a brother of Harold G. Reslink, a partner. Although Donald E. Reslink works with the other employees and his duties are closely related to theirs, we shall, nevertheless, exclude him from the unit because of his close relationship to one of the partners.3 We find that all mechanics, helpers, apprentices, G. I. trainees, and parts men at the Employer's garage in Erie, Pennsylvania, excluding the bookkeeper, salesmen, Donald E. Reslink, guards, and supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an 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 2 Lewiston Buick Company, 77 NLRB 375; West Engineering Company, 74 NLRB 36. 3 Lewis W. Courtney and Elmer J. Seidel, a partnership, d/b/a Denver Smoked Fish Company, 81 NLRB 622. 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or re- instated 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, Lodge 842.