American Cable & Radio Corp.

AMERICAN CABLE & RADIO CORPORATION 877 All construction and maintenance employees at the Employer's Vela Street project in Hato Rey, excluding professional personnel, office clerical employees, timekeepers, storekeepers, foremen, watchmen, guards, and supervisors as defined in the Act. However, under the circumstances of this case, it will not be inappro- priate for the parties to consolidate the two groups in the event that the Petitioner is selected by a majority of the Vela Street employees in the unit described above 7 [Text of Direction of Election omitted from publication in this volume.] 'See John Deere Harvester Works, 66 NLRB 1078- AMERICAN CABLE & RADIO CORPORATION and COMMUNICATIONS WORK- ERS OF AMERICA, CIO, PETITIONER . Case No. °R-RC-4670. January 30, 1953 Order Denying Petition On December 31,1952, the Board issued a Decision and Direction of Election in this proceeding. Thereafter, on January 19, 1953, coun- sel for the Employer filed a petition for reconsideration of the Board's holding that the hearing officer properly overruled the Employer's objection to the presence of A. C. A. at the hearing on the asserted ground that, although its officers had filed affidavits, A. C. A. was not in compliance with Section 9 (h) of the Act, and also that he properly rejected evidence in support of that contention. The petition for reconsideration also asked that the Board order A. C. A. stricken from the ballot in the representation election or, in the alternative, that the Board order a postponement of the election until such time as the Board had ruled on the compliance status of A. C. A. in a current separate administrative proceeding. On Janu- ary 22, 1953, the Petitioner, Communications Workers of America, CIO, filed a memorandum in opposition to the Employer's petition, urging the Board, in the interest of the employees involved, not to de- lay the election. On January 27, 1953, A. C. A. filed an answer to the Employer's petition. The Employer's petition raises the question of the Board's authority to investigate the truth and validity of the affidavits filed under Sec- tion 9 (h) by the officers of the A. C. A. On January 27, 1953, in American Communications Association v. Herzog, et al., Civil Action No. 5827-52, the United States District Court for the District of Co- 102 NLRB No. 99. 878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lumbia held that the Board does not have such authority and perma- nently enjoined the Board from conducting any such investigation. The Board having duly considered the matter, IT IS ACCORDINGLY ORDERED that the petition herein must be, and it hereby is, denied. By direction of the Board: OGDEN W. FIELDS, Executive Secretary. THE RAMS MOTORS, INC. and LOCAL 649, UAW-AFL, PETITIONER. Case No. f-RC-5291. January 30, 1953 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 Samuel M. Hacker, 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Styles, and Peterson]. Upon the entire record in this case, the Board finds : 1. The Employer, a New Jersey corporation, is engaged in the pur- chase and sale of new and used automobiles in Hoboken, New Jersey. In connection with its business the Employer operates an automotive repair shop, a parts and accessory department, and a parking lot. The Employer conducts its business under the terms of a sales agree- ment with the Chrysler Corporation, Dodge Division. During the 13-month period ending October 31, 1952, the Employer purchased from the Chrysler Corporation, Dodge Division, new automobiles valued at $785,265, all of which were shipped to the Employer from points outside the State of New Jersey. Purchases of parts, acces- sories, and miscellaneous items during this period amounted to $39,586, about 95 percent of which was made within the State of New Jersey, but originated outside the State. During this same period, the Employer's sales of new and used cars, all of which were made within the State, totaled $983,844; its over-the-counter sales of parts, acces- sories, and miscellaneous items amounted to $25,192; and its repair work was valued at $17,699. Upon the basis of the foregoing, and the entire record, we find, contrary to the Employer, that it is engaged in commerce within the meaning of the Act: 1 N. L. R. B. v. Ken Rose Motors, Inc., 193 F. 2d 769 (C. A. 1) ; Louis Rose Company, 99 NLRB 690 ; Conover Motor Company, 93 NLRB 867, enfd. 102, F. 2d 779 (C. A. 10) Baxter Bros., 91 NLRB 1480. 102 NLRB No. 84.