Dick Bullis Chevrolet

158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Dick Bullis, Inc. d/b/a Dick Bullis Chevrolet and International Association of Machinists and Aerospace Workers, AFL-CIO, Local Lodge No. 1414, Petitioner Dick Bullis, Inc. d/b/a Dick Bullis Chevrolet, Petitioner and International Association of Machinists and Aerospace Workers, AFL-CIO, Local Lodge No. 1414 and Garage and Service Station Employees Union Local 655, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Party to Contract. Cases 20-RC-8509 and 20-UC-21 May 23, 1969 DECISION, ORDER GRANTING PETITION TO CLARIFY BARGAINING UNIT, AND DIRECTION OF ELECTION BY CHAIRMAN MCCULLOCH AND MEMBERS FANNING AND JENKINS Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Francis W. Hoeber, Hearing Officer. Thereafter, pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and Statements of Procedure, Series 8 , as amended, and by direction of the Regional Director for Region 20, this case was transferred to the National Labor Relations Board for decision. A brief has been timely filed by the Employer.' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three-member panel. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the policies of the Act to assert jurisdiction herein. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The parties stipulated, and we find, that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 0(b) of the Act: 'Garage and Service Station Employees Union , Local 665, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, was permitted to intervene on the basis of its contractual interest. All service writers, service advisors, road testers and towermen employed by the Employer at its Burlingame, California location, excluding all other employees covered by collective-bargaining agreements, guards, and supervisors as defined in the Act. The Teamsters does not seek to participate in the election sought by the Machinists by the petition filed in Case 20-RC-8509, but both the Teamsters and the Employer do contend that an employee known as the "get ready man," who inspects new cars arriving at the Employer's establishment for any damage received in transit and for completeness of equipment, and who otherwise assists in preparing the new cars for delivery, should be represented by it, by virtue of a collective-bargaining agreement which it currently has with the Employer. That contract covers classifications such as lubricators, car washers, tire service and utility men. The latter term designates "employees engaged in unskilled labor in service departments of garages and shops." The Machinists, on the other hand, argues that the "get ready man" should properly be included in the unit of service writers and others which, by its petition, it seeks to represent. We find merit in the contention of the Employer and the Teamsters and shall grant the Employer's petition to clarify the Teamsters' collective-bargaining unit by including therein the "get ready man" classification. Russell, the only individual currently employed in this capacity, principally performs functions, set out above, which are routine in character and require no exercise of independent judgment or skill. In addition, in his spare time, Russell performs the duties of a "car jockey," a job stipulated by the parties to be within the Teamsters' unit, and, as well, changes tires and batteries and performs errands for the service department. He has no contact with customers and performs none of the duties and exercises none of the skills of service writers, who accept cars from customers for repair, diagnose the mechanical and body problems, and cause the necessary repairs to be made. In accordance with the conclusion that Russell properly belongs in the Teamsters' unit, he is ineligible to vote in the election directed below. ORDER It is hereby ordered that the existing contractual collective-bargaining unit represented by Garage and Service Station - Employees Union, Local 665, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, be, and it hereby is, clarified by specifically including therein employees performing the duties of "get ready man" at the Employer's Burlingame, California, location. 176 NLRB No. 21 DICK BULLIS CHEVROLET 159 [Direction of Election 2 omitted from publication.] 'In order to assure that all eligible voters may have the opportunity to be informed of the issues in the exercise of their statutory right to vote, all parties to the election should have access to a list of voters and their addresses which may be used to communicate with them . Excelsior Underwear Inc., 156 NLRB 1236; N.L.R.B. v. Wyman-Gordon Company. 394 U .S. 759, decided April 23, 1969. Accordingly, it is hereby directed that an election eligibility list, containing the names and addresses of all the eligible voters, must be filed by the Employer with the Regional Director for Region 20 within 7 days of the date of this Decision and Direction of Election The Regional Director shall make the list available to all parties to the election. No extension of time to file this list shall be granted by the Regional Director except in extraordinary circumstances. Failure to comply with this requirement shall be grounds for setting aside the election whenever proper objections are filed.