Lewis Tire Service Co.

In the Matter of LEWIS TIRE SERVICE COMPANY and LOCAL No. 784, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE- HOUSEMEN & HELPERS OF AMERICA, A. F. OF L. Case No. 17-R-1102.-Decided June 18,1945 Mr. A. G. Anderson, of Omaha, Nebr., and Mr. M. L. Lewis, of Grand Island, Nebr., for the Company. Mr. E. F. Noble, of Grand Island, Nebr., for the Union. Mr Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local No. 784, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, A F of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Lewis Tire Serv- ice Company, Grand Island, Nebraska, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Elmer L. Hunt, Trial Examiner. Said hearing was held at Grand Island, Nebraska, on May 19, 1945. The Company and the Union appeared, participated, and were afforded full opportunity to he heard, to examine and cross -examine witnesses , and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All 'parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Lewis Tire Service Company is a Nebraska corporation having its prin- 62 N L R B, No. 71 531 11 532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cipal place of business at Grand Island, Nebraska, where it is engaged in the distribution of Firestone products and the operation of a filling station and a tire recapping plant. Firestone Tire & Rubber Company of Akron, Ohio, owns over 51 percent of the stock of the Company. The Company purchases raw materials valued in excess of $1,500 monthly, about 98 percent of which is supplied to it by Firestone Tire & Rubber Company from the latter's warehouse, at Omaha, Nebraska. All of said raw materials are shipped to the Firestone Tire & Rubber Company from points outside the State of Nebraska. The Company receives in excess of $3,000 monthly for its recapping and retreading services, about 2 percent of which is derived from products shipped to points outside the State of Nebraska. We find the Company's business affects commerce within the meaning of the National Labor Relations Act. II. TIIE ORGANIZATION INVOLVED Local No. 784, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, is a labor organization affiliated with the American Federation of Labor, admitting to membership employ- ees of the Company. III TIIE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of employees within the,unit hereinafter found to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We,find, in substantial agreement with the parties, that all tire repair- men, tire molders, recapmen, and truck drivers of the Company at its Grand Island, Nebraska, plant, excluding clerical employees, office girl, foreman, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 1 The report of the Field Examiner shows that the Union submitted seven application cards. Theic arc appioximately eight employees in the appropriate unit. LEWIS TIRE SERVICE COMPANY 533 V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Union urges that the pay roll of May 19, 1945, be used to determine eligibility to vote. Inasmuch as no persuasive reason appears as to why we should depart from our usual practice, we shall direct that those eligible to vote shall be the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. .. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Lewis Tire Service Com- pany, Grand Island, Nebraska, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Seventeenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-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, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Local No. 784, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, A. F. of L., 'for the purposes of collective bargaining.