Guidry's Auto Service

GUIDRY'S AUTO SERVICE 103 clerical employees should be excluded from the unit. The Employer takes no position. In Bogalusa Motors,' the Board reexamined its decisional pattern with respect to units in automobile retail and service establishments. It noted in its decision that many automobile dealers maintain small and closely knit establishments in which the relationship between the salesmen and the mechanics is as close as that between the salesmen and the office clerical employees. It concluded that a unit comprising all employees, including salesmen and clerks, is appropriate in such es- tablishments. In the instant case, however, the facts indicate that the basis on which the finding in Bogalusa Motors was predicated does not exist. The establishment of the Employer herein is sub- stantially larger than even the largest establishment in Bogalusa Motors, and it is reasonably clear that it is not closely knit nor is there the kind of relationship among the service employees, salesmen, and clerks which the Board contemplated in its rationale in that case. Here the Employer has approximately 59 employees, about 37 of whom are service and parts employees. In these circumstances, we shall amend our previous unit finding herein and find that the following employees con- stitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act: All of the Employer's service and parts employees, excluding new- and used-car salesmen, office clerical employees, professional employees, guards, and supervisors as defined in the Act. [Text of amended Direction of Election omitted from pub- lication.] Member Beeson took no part in the consideration of the above amended Decision and Direction of Election. ' Bogalusa Motors, Inc., 107 NLRB 97. LAWRENCE GUIDRY d/b/a GUIDRY'S AUTO SERVICE and PINE TREE LODGE 1983, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, and LOCAL UNION NO. 5, INTERNA- TIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, Joint Petitioners . Case No. 15 -RC-967. March 29, 1954 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES On December 4, 1953, pursuant to a Decision and Direction of Election of the National Labor Relations Board, ' an election 'The Decision and Direction of Election was based upon a consolidated hearing involving this and eight other auto dealers in the city of Bogalusa, Louisiana. Bogalusa Motors, Inc., et al , 107 NLRB 97. This case is hereby severed for the purposes of this decision. 108 NLRB No. 25. 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by secret ballot was conducted under the direction and super- vision of the Regional Director for the Fifteenth Region among the employees of the Employer in the unit found appropriate by the Board . Upon the conclusion of the election , the parties were furnished a tally of ballots, which showed that of 3 valid votes counted , 2 were for, and 1 was against , the Joint Peti- tioners. All individuals who were employed at the time of the election voted and had their votes counted . On December 11, 1953 , the Employer filed timely objections to the election. After an investigation , the Regional Director , on January 22, 1954, issued and duly served upon the parties his report on objections, finding that the Employer ' s objections that the election was not representative lacked merit and recommending that they be overruled and an appropriate certification issued. The Employer filed timely exceptions to the Regional Director ' s report on objections . The Petitioners filed an answer to the Employer's objection. In its objections , the Employer alleged that the election was not representative because the normal complement of employees is 5 and there were only 3 employed on the date of the election. All 3 voted . In view of the total number of employees possibly involved , we find no merit to the Employer 's contentions.' As it appears from the tally of ballots that the Petitioners have secured a majority of the valid votes cast in the election, we shall certify the Petitioners as the bargaining representative of the employees in the appropriate unit. [The Board certified Pine Tree Lodge 1983 , International Association of Machinists , AFL, and Local Union No . 5, Inter- national Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of America , AFL, as the designated colective -bar- gaining representative of the employees of the Employer in the unit found appropriate.] 2 Northwest Packing Co ., 65 NLRB 890, on which the Employer relies is clearly dis- tinguishable. In that case the Board held that an election was not representative when only 18 percent of the eligible voters participated and the margin between 2 rival unions was only 1 percent. Here, all eligible voters participated and the number of those eligible repre- sents a majority of the possible number of employees. SEATTLE BAKERS BUREAU, INC. and CONGRESS OF INDUS- TRIAL ORGANIZATIONS. Case No. 19 - CA-810 . March30, 1954 DECISION AND ORDER On June 18, 1953, Trial Examiner James R. Hemingway issued his Intermediate Report in the above - entitled proceeding , finding that the Respondent had engaged in and was engaging in certain unfair labor practices , and recommending that it cease and de- 108 NLRB No. 22.