Hanna Motor Co.

HANNA MOTOR'COMPANY 105 We find that all' of the employees in the Employer's program de- partment, excluding the TV directors and the program assistant who acts in the capacity of a director, the art editor, the film editor, and an supervisors as defined in the Act, constitute a unit appropriate for'the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. 5. The Employer contends that the petition in this case is premature because of the prospective expansion of the 'program department. The Employer contemplated hiring six employees immediately after the' hearing with a possibility of further expansion at a later date, if plans' for increa'sed programming materialize. However, the record ' shows that the present complement of the program department cori- stitutes`a substantial and essentially representative proportion-of the expected full complement of the program department 1O Under these" circumstances we see no reason for departing from our'usual policy of-directing an `immediate election.1' ' [Text of Direction of Election 'omitted from 'publication in this volume.] 10 This is true particularly in view of the fact that the contemplated addition of six employees presumably will have been completed prior to the election. 11 Cf. Westinghouse Electric Corporation, 87 NLRB'463. MANNA MOTOR COMPANY and INTERNATIONAL ASSOCIATION OF MACHIN- ISTS, PETITIONER. Case No. 10-RC-1268. April 30, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 '(c) of the National Labor Relations Act, 'a hearing was held before J: S. Patton, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in 'connection with this case to a three-member panel' [Chairthan Herzog'and Member's Murdock and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer, 'an Alabama, corporation, is engaged in the sale' arid' servicing 'of neiv and used automobiles and trucks. The sales of new'automobiles and trucks is made under an exclusive sales agree- ment granted to the Einp]oyer by the'Ford Motor Company. During the calendar year' 1950 the Employer made purchases in excess of $1,400,000. Over $1,100,000 of this amount was shipped to the Em- ployer from points outside the State of Alabama.' Onthe basis of the foregoing facts we- find that the Employer is engaged in commerce 94 NLRB No. 29. 106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD within the meaning of the Act, and that it will effectuate the policies of the Act to assert jurisdiction in this case.' 2. The Petitioner is a labor organization claiming to represent cer- tain employees 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 to represent all of the Employer's automo- tive mechanics, body repairmen, helpers, washers, tire changers, greas- ers, porters, and laborers, excluding all technicians, professional employees, office and clerical employees, guards, watchmen, all other -employees, and all executives and supervisors, as defined in the Act. Except for a used car lot, the Employer's plant is contained in one building which consists of a showroom, offices, parts department, and service department. The Employer's operations are divided admin- istratively into departments, each under the supervision of a depart- ment manager. Some of the mechanics, body men, and laborers sought by the Petitioner are employed in the service department under the immediate supervision of a foreman who works under the service department manager, and the remainder of the mechanics and laborers sought are employed in the new and used car conditioning department, under its manager. The Employer desires to include in the unit, in addition to those employees sought by the Petitioner, the service sales- men who work under the service department manager, the parts department employees who work under the parts department manager, the service department clerical employees who work mostly under the service department manager, and the salesmen and front office clerical employees. The parts department employees.-The parts department is located behind a partition adjacent to the service department. There is a large window opening from the parts department into the service department, through which the mechanics and their helpers obtain parts from the 10 parts department employees. All of the parts de- partment employees spend some of their time in handling parts at the 'window where they have contact with the service department mechan- ics and helpers. However, some of them spend less time in doing this work than others. Several of the employees, when not at the parts window, perform clerical duties such as posting invoices, making out parts tickets, cashiering, making deliveries, putting parts into their proper places, keeping stock records and inventories, and helping to take physical inventories. About 50 percent of the parts disposed of by the Employer is sold directly to the public. The other 50 percent is delivered to the mechanics from the parts department and is installed ' Hauser Nash. Sales, Inc., 92 NLRB 531; Baxter Bros., 91 NLRB 1480. HANNA MOTOR COMPANY 107 in automobiles and trucks in the service department. The parts department employees, although paid in a different manner from some of the service department employees, receive approximately the same pay as most of the service department employees.2 The parts depart- ment employees enjoy the same vacations, hospitalization, sickness, and death benefits as the service department employees. From the foregoing facts, we find that the parts department em- ployees work in a related department to the service department and have substantial interests in common with the service department employees. We shall therefore include all of the parts department employees in the unit herein found to be appropriate.' .Salesmen.-The Employer desires to include the 14 salesmen it em- ploys in its sales department. With the exception of 2 salesmen, one of whom spends approximately 40 percent of his time in display work, and the other of whom spends approximately 70 percent of his time in repossessing automobiles, the salesmen perform no duties other than selling. Because there is no apparent reason for our departing from the usual Board policy of excluding salesmen from units of service and parts department employees, we shall exclude the salesmen from the unit 4 Service salesmen.-The Employer has four service salesmen in the service department. These men receive automobiles that are brought into the department for repairs, talk to the customers regarding what repairs are here necessary, and prepare order blanks for the repairs. The service salesmen deliver the orders to the shop foreman who assigns the work to a particular mechanic. The service salesmen, under the supervision of the service department manager, spend al- most all of their time in the service department. Their salary is based, in part, on the amount of labor which they sell to customers. The repair mechanics are paid solely on a commission based on the amount of their labor which is sold to customers. It appears, there- fore, that the service salesmen are an integral part of the service de- partment with substantial interests in common with the other service 2 The laborers in the service department , such as the tire changers , car washers, and porters, receive considerably less than the mechanics , service salesmen, plant clericals, and body repairmen who earn approximately the same amount as the parts department employees. $Harrys Cadillac-Pontiac Company, Incorporated, 81 NLRB 1; Valley Truck and Tractor Co., 80 NLRB 444; Harry Brown Motor Company, 86 NLRB 652. The parts department employees who, in addition to handling parts at the parts window , perform clerical duties , do so only in connection with the parts department . They are located in the parts department and work together with the other parts department employees. Because they have substantially the same interests as the other employees in the unit, we shall also include them in the unit. Cf. Public Motors Co , 90 NLRB No 273; Public Service Company of Indiana, Inc, 89 NLRB 1253 ; Earl McMillian, Inc, 90 NLRB No. 250. 6 Cf. Recht-Froelich Chevrolet Company, 92 NLRB No. 228. Inasmuch as the salesmen who perform duties other than selling ,do not work with the employees included in the unit and have little interest in common with them, they too are excluded from the unit. 108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD department' employees sought 'by' the' Petitioner. - Accordingly; ,we, shall include the service salesmen in,the unit found' appropriate.' Se'rvice' department' clerical employee's.-The' Employer, has five clerical employees I working in connection with its service department. These employees perform such duties as keeping journals which show sales of grease, oil, parts; and accessories,, keeping monthly records of service sales, checking repair orders for accuracy before returning vehicles to customers, and keeping records of commissions' earned by the' mechanics and service salesmen.' • Th'ese employees also receive incoming telephone orders for service and parts, make out time cards,,;, and in general perform all 6f, the clerical duties which arise-in con-" nection with'the service department:' Apparently all of these clericals are located in the -service- department area and' work, in. close' ,contact ' with the' other' employees of the' service. department. Th`ey' are; in, general, supervised - by the service' 'department' manager; ' although two' of them -also 'fall under the jurisdiction of 'other supervisors. Oii' the basis of the foregoing' facts we, believe that the service de- partment clerical 'employees possess'=a substantial 'community of 'in-, terests' with' the other employees in the unit 'found' appropriate, and we shall therefore include them in the unit.' O f ce clerical emap'lo fees' and telephone operator.-The The, Einpioyer desires the inclusion 'of its office 'secretary, head- bookkeeper; and,-its sales' department invoice'clerk:' Apparently' all of these employees - are 'located' in 'the Employer's ' offices and have little or no contact with 'the' service department or parts 'department employees.' The telephone operator, under-the supervision of 'the office manager, per-' forms the'usual 'duties of such an employee, -except that she apparently performs a small amount of work in 'connection with 'the taking of inventories. There appears to be no 'reason''for departing 'from the' Board's usual'policy 'of excluding.'office'clericals and telephone.oper- ' ators' from''units of manual workers and we shall therefore exclude these employees from the-unit.' We find -that all mechanics,' body repairmen, helpers; washers, tire changers, greasers, porters, laborers, service salesmen, service department clericals, and, parts. department. employees of the Em- Cf. Public Motors Cc , 90 NLRB No. 273. e Designated'by the Employer as' numbers (13,44,t 17, 48,'and 19. Cf. Public' Motors''Co, supra; Reeht:Froelich" Chevrolet Company, supra; Bart McMillian, Inc,"supra: 8Cf• Southern Desk Company, 92 NLRB No. 11371; The,Procter & Gamble ;Manufacturing, Co, 92 NLRB No. 130. 9 Including employee Vann, a mechanic in'the'new'and used air-conditioning. department: This employee spends about 92 percent"of his time in ,doing' mechanics work' and about 8 percent of his'time in relaying orders'from,the' department head. ' He Chas ono authority to' hire, discharge, or discipline any-'emplo'ee-or: effectively' to 'recommend such action. On'rthese' facts 'we "find that'. this man"is . merelyi'a lead 'man rand, not a supervisor as% defined in'the Act. WHEATLAND ELECTRIC COOPERATIVE, INC. 109 ployer, excluding all salesmen, office clericals, the telephone oper- ator, technicians, professional employees, guards, watchmen, and all executives and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication in this volume.] . WHEATLAND ELECTRIC COOPERATIVE, INC. and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 646, AFL, PETITIONER. Case No. 17-RC-932. April 30, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before William J. Scott, hear- ing 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is a Kansas corporation with its principal place of business located at Scott City, Kansas. It is financed by the Rural Electrification Administration and is engaged in the production and distribution of electric power to its approximately 2,900 members' The Employer generates its own electricity and during the year 1950 it sold and distributed electricity to its members in an amount exceeding $382,000 in value, part of which was purchased by com- mercial users engaged in commerce and the rest by rural consumers. The Employer is in the process of constructing 900 miles of power lines and a new generating plant which when completed will cost in the neighborhood of $1,500,000. The materials used in this construc- tion are, in large part, shipped to the Employer from points outside the State of Kansas. During 1950, the Employer also purchased miscellaneous supplies, some of which were received from points outside the State of Kansas. Contrary to the Employer's contention, we find on these facts that the Employer is engaged in commerce within the meaning of the Act.2 1 All these members live in Wichita, Greeley, Scott, Kearny, and Hamilton counties, Kansas. ' Plymouth Electric Cooperative Association, 92 NLRB 1183 (and cases cited therein). 94 NLRB No. 21.