Henry Levaur, Inc.

In the Matter Of HENRY LEVAUR, INC. and INTERNATIONAL ASSOCIATION' OF MACHINISTS, LOCAL #1017 (A. F. L.) In the Matter of COLT-BRADY COMPANY a7id' INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL #1017 (A. F.*L:) In the Matter of BRADBURN MOTORS COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL #1017 (A. F. L.) Cases Nos. C-1369, C-1370, and C-1371, inclusive, respectively.- Decided November 28, 1939 Automobile and Automobile Parts and Accessories Sales Industry-Settlement.- Stipulations providing for compliance with Act, reserving right to contest juris- diction in respect to commerce--Jurisdiction: upheld-Order: entered oa. stipulations. Mr. Benjamin E. Gordon, for the Board. Mr. Allan Seserman, of Boston, Mass., for the respondents. Mr. Reginald T. Anderson, of Lakewood, R. I., and Mr. Paul Hutch- ings, of Washington, D. C., for the I. A. M. Mr. Herbert B. Galton, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by International' Association of Machinists, Local #1017 (A. F. L.), herein called the- I. A. M., the National Labor Relations Board, herein called the Board,. by the Acting Regional Director for the First Region (Boston, Massa- chusetts), issued and duly served its separate complaints, dated June 21, 1939, against Henry Levaur, Inc., herein called Levaur, Colt-Brady Company, herein called Colt-Brady, and Bradburn Motors Company,. herein called Bradburn, herein collectively called the respondents,. alleging that the respondents had engaged in and were engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the National Labor- Relations Act, 49 Stat. 449, herein called the Act. 17 N. L. R. B., No. 101. 1034 HENRY LEVAUR, INCORPORATED 1035 Concerning the unfair labor practices, the complaints alleged in substance that the I. A. M. had been designated as collective bargain- ing representative by a majority of the respective respondents' em- ployees in appropriate units consisting of employees engaged in the service, repair, maintenance, painting, and body-fixing of new and used automobiles and trucks, and parts, accessories, and equipment thereof, excluding executives and supervisors, of each of the respond- tents, that the respondents refused to bargain collectively with the I. A. M. and refused to recognize the I. A. M. as the exclusive repre- sentative for the purposes of collective bargaining of all the employees in the said units, and that the respondents interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in .Section 7 of the Act. The complaint further alleged that on or about May 1, 1939, the I. A. M. called a strike against the respondents be- cause of the above-mentioned refusals. The respondents filed answers ,denying the commission of the alleged unfair labor practices. On June 23, 1939, the Board, acting pursuant to Article II, Section :37 (b), of National Labor Relations Board Rules and Regulations- ;Series 1, as amended, issued and duly served its order consolidating the three,cases for the purposes of hearing and for all other purposes. Pursuant to notice, a hearing was held on July 6, 7, 8, 10, 18, 21, and 22, 1939, at Providence, Rhode Island, before James C. Paradise, the Trial Examiner duly designated by the Board. The Board and the respondents were represented by counsel, and the I. A. M. by a repre- sentative thereof. All participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded to all parties. Counsel for the respondents moved to dismiss the complaint on the ground that the Board was without jurisdiction to hear and determine any of the matters set forth in the complaint because the respondents were not engaged in commerce within the meaning of the Act. The Trial Examiner reserved ruling on this motion which we hereby deny. During the hearing, the Trial Examiner made several rulings on mo- tions and objections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were com- mitted. The rulings of the Trial Examiner are hereby affirmed. On September 7, 1939, the respective respondents, the I. A. M., and counsel for the Board entered into the'following stipulations in settle- ment of the issues involving the unfair labor practices : STIPULATION It is hereby stipulated by and between Henry Levaur, Inc., hereinafter referred to as the Respondent, the International Association of Machinists, Local #1017, affiliated with the Ameri- 1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD can Federation of Labor, hereinafter referred to as the Union, and Benjamin E. Gordon, Attorney, National Labor Relations Board, that : I. Upon amended charge duly filed by the Union, the National Labor Relations Board, by Edward Schneider,, Acting Regional, Director for the First Region (Boston, Massachusetts), acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter referred to as the Act, and acting pursuant.to its Rules and Regulations-Series 1, as amended, Article IV, Section 1, issued its complaint and notice of hearing on June 21, 1939, against Henry Levaur, Inc., Respond- ent herein. II. Copies of the complaint and notice of hearing thereon; amended charge, and National Labor Relations Board Rules and Regulations-Series 1, as amended, were duly served upon the Respondent and the Union on June 22, 1939, said hearing being scheduled for June 29, 1939, at 10 A. M. (E. D. S. T.), in the Grand Jury Room, Federal Building, Providence, Rhode Island: On June 23, 1939, the National Labor Relations Board ordered that Case No. I-0-1096 be consolidated for the purpose of hearing and for all other purposes with Cases Nos. I-0-1097 and I-C-1098, and copy of the Order of Consolidation was duly served upon the Respondent and the Union on June 27, 1939. On June 28, 1939 notice of postponement of hearing was duly issued and served upon the parties by A. Howard Myers, Regional Director for the First Region, National Labor Relations Board, postponing the hearing from June 29, 1939 to July 6, 1939, at 10 A. M. (E. D. S. T.), in the Small Court Room, Federal Building, Providence, Rhode Island. Respondent's answer to the complaint was filed July 6, 1939. The hearing was in session on July 6, 7, 8, 10, and 18, 1939, when it was recessed to July 21, 1939. III. Respondent is and has been since on or about May 12, 1937 a corporation organized under and existing by virtue of the laws of the State of Rhode Island, and is now and has continu- ously been engaged at a place of business at 201 Broad Street, in the City of Providence, County of Providence, State of Rhode Island, in the sale, distribution, exchange, service and repair of new and used automobiles and trucks, and parts, accessories and equipment thereof. IV. International Association of Machinists, Local #1017, affiliated with the American Federation • of . Labor, is a labor organization within the meaning of Section 2, subdivision (6) of the said Act. HENRY LEVAUR, INCORPORATED 1037 V. All employees of Respondent engaged in the service, repair, maintenance, painting and body fixing of new and used auto- mobiles, and trucks, and parts, accessories and equipment thereof, excluding executives and supervisors, constitute a unit appropri- ate for purposes of collective bargaining within the meaning of Section 9 of the said Act. VI. It is hereby agreed by and between the parties -that the Union is and has been since on or about November 1, 1938 the rep- resentative for purposes of collective bargaining of a majority of the employees in the unit described in Paragraph V hereof. VII. On July 6, 1939 the Union called off its strike, referred to in Paragraph 8 of the Complaint issued on June 21, 1939, against Respondent and Respondent has reinstated to their former positions all employees who took part in the strike with. the excep- tion of Raymond Hougrand and Wilfred Dionne. VIII. It is hereby agreed that Page 20, Line 21 to Page 548, inclusive, and all exhibits introducd in evidence within said pages, be stricken from the official transcript of the record of the pro- ceedings in the above-entitled matter. Respondent and the Union waive the right to a hearing as set forth in Sections 10 (b) and 10 (c) of the said Act and waive the right to the makings of Find- ings of Fact and Conclusions of Law by the National Labor Re- lations Board other than as to the question of whether the National Labor Relations Act is applicable to the Respondent and the employees of Respondent. IX. It is further stipulated and agreed, subject however to the provisions of Paragraph X below, that upon the pleadings, record, and upon this stipulation, if approved by the National Labor Relations Board, an Order may forthwith be entered by said Board and by the appropriate Circuit Court of Appeals, if the Board desires to make application thereto, providing as follows : 1. Respondent, its officers, agents, successors and assigns shall cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with the International Association of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of Respondent's employees engaged in the service, repair, mainte- 1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD nance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and-equipment thereof, exclud- ing executives and supervisors, in respect to rates of pay, wages, hours of employment and other conditions of employment. 2. Respondent, its officers, agents, successors and assigns, shall .take the following affirmative action to effectuate the policies of the Act : . (a) Upon request bargain collectively with the International Association of Machinists, Local .#x.1017, affiliated with the Ameri- can Federation of Labor, as the exclusive representative of its employees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles, and trucks, and parts, accessories and equipment thereof, excluding executives and supervisors, in respect to rates of pay, wages, hours of employ- ment and other conditions of employment; (b) Place Raymond Hougrand upon a preferred list to be offered reinstatement to his former position or substantially equivalent employment if and when the need for his services arise with preference being given in the filling of such position over any persons not employed by Respondent on May 1, 1939; (c) Post immediately in conspicuous places at its place of busi- ness notices embodying the cease and desist provisions of the Order of the said Board, the notices to remain posted for a period of sixty (60) days from the date of posting; (d) Notify the Regional Director for the First Region in writ- ing within ten (10) days from the date of the said Order what steps the Respondent has taken to comply therewith. X. Respondent reserves to itself the right to contest before the National Labor Relations Board and any appropriate Court the applicability of the National Labor Relations Act to Respondent and the employees of Respondent, and by reason of the aforesaid the jurisdiction of the National Labor Relations Board and ap- propriate Circuit Court of Appeals to enter against the Respond- ent the Order and Decree set forth in subdivisions 1 (a) and (b) and 2 (a), (b), (c) and (d) of Paragraph IX hereof- but waives any and all other rights to contest the validity and propriety of the Order and the entry of said Order and Decree by the Board and appropriate Circuit Court of Appeals. XI. It is further agreed that this stipulation shall be null and void and of no effect in the event the National Labor Relations Board does not approve this stipulation and does not enter an Order based upon the terms and provisions of said stipulation, and that in the event the Board' does not approve the stipulation and issue an Order based upon the terms and provisions of said 'HENRY LE'VAUR, INCORPORATED 1039% stipulation the hearing shall be rescheduled and all parties shall' have full and complete opportunity to introduce such testimony as- they desire, within the issues as framed. XII. This stipulation constitutes the entire agreement between the parties and no verbal agreement of any kind has been made- which varies, alters or adds to the stipulation. STIPULATION It is hereby stipulated by and between Colt-Brady Com- pany, hereinafter referred to as the Respondent, the Interna- tional Association of Machinists, Local #1017, affiliated with the American Federation of Labor, hereinafter referred to as the- Union, and Benjamin E. Gordon, Attorney, National Labor Re- lations Board, that : I. Upon amended charge duly filed by the Union, the National; Labor Relations Board, by Edward Schneider, Acting Regional' Director for the First Region (Boston, Massachusetts), acting- pursuant to authority granted in Section 10 , (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter referred to as the- Act, and acting pursuant to its Rules and Regulations-Series 1,. as amended, Article IV, Section 1, issued. its complaint and notice- of hearing on June 21, 1939, against Colt-Brady Company, Re- spondent herein. II. Copies of the complaint and notice of hearing thereon,. amended charge, and National Labor Relations Board Rules and Regulations-Series 1, as amended, were duly served upon the Respondent and the Union on June 22, 1939, said hearing being: scheduled for June 29,1939, at 10 A. M. (E. D. S. T.), in the Grand: Jury Room, Federal Building, Providence, Rhode Island. On June 23, 1939, the National Labor Relations Board ordered that Case No. I-0-1097 be consolidated for the purpose of hear- ing and for all other purposes with Cases Nos. I-C-1096 and I- --1098, and copy of the Order of Consolidation was duly served upon the Respondent and the Union on June 27, 1939. On June 28, 1939, notice of postponement of hearing was duly issued and served upon the parties by A. Howard Myers, Regional Director for the First Region, National Labor Relations Board,, postponing the hearing from June 29, 1939 to July 6, 1939, at 10 A. M. (E. D. S. T.), in the Small Court Room, Federal Build- ing, Providence, Rhode Island. Respondent's answer to the complaint was filed July 6, 1939. The hearing was.in session on July 6, 7, 8, 10 and 18, 1939, when it was recessed to July 21, 1939. 1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. Respondent is and has been since 1921 a corporation or- ganized under and existing by virtue of the laws of the State of Rhode Island, and is now and has continuously been engaged at a place of business at One Reservoir Avenue, in the City of Provi- dence, County of Providence, State of Rhode Island, in the sale, distribution, exchange, service, and repair of new and used auto- mobiles and trucks, and parts, accessories and equipment thereof. IV. International Association of Machinists, Local #1017, .affiliated with the American Federation of Labor, is a labor or- ganization within the meaning of Section 2, subdivision (5) of the said Act. V. All employees of Respondent engaged in the service, repair, -maintenance, painting and body fixing of new and used automo- biles and trucks, and parts, accessories and equipment thereof, 'excluding executives and supervisors, constitute a unit appro- priate for purposes of collective bargaining within the meaning ,of Section 9 of the said Act. VI. It is hereby agreed by and between the parties that the -Union is and has been since on or about March 1, 1939 the repre- sentative for purposes of collective bargaining of a majority of the employees in the unit described above in Paragraph V. VII. On July 6, 1939, the Union called off its strike, referred to in Paragraph 8 of the complaint issued on June 21,1939, against Respondent and Respondent has reinstated to their former posi- tions all employees who took part in the strike. VIII. It is hereby agreed that Page 20, Line 21, to Page 548 inclusive, and all exhibits introduced in evidence within said pages be stricken from the official transcript of the record of the pro- ceeding in the above-entitled matter. Respondent and the Union waive the right to a hearing as set forth in Sections 10 (b), and 10 (c) of the said Act and waive the right to the makings of Findings of Fact and Conclusions of Law by the National Labor Relations Board other than as to the question of whether the Na- tional Labor Relations Act is applicable to the Respondent and the employees of Respondent. IX. It is further stipulated and agreed, subject however to the provisions of Paragraph X below, that upon the pleadings, record, and upon this stipulation, if approved by the National Labor; Relations Board, an Order may forthwith be entered by said Board and by the appropriate Circuit Court of Appeals, if the Board desires to make application thereto,. providing as follows : 1. Respondent, its officers, agents, successors, and assigns, shall cease and desist from : HENRY LEVAUR, INCORPORATED 1041 (a) Ill. any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or, assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with the International Association of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of respondent's employees engaged in the service, repair, main- tenance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and equipment thereof, ex- cluding executives and supervisors, in respect to rates of pay, wages, hours of employment and other conditions of employment. 2. Respondent, its officers, agents, successors and assigns, shall take the following affirmative action to effectuate the policies of the Act : (a)' Upon request bargain collectively with the International Association of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of its employees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and equipment thereof, excluding executives and supervisors, in respect to rates of pay, wages, hours of employment and other conditions of employment; (b) Post immediately in conspicuous places at its place of business notices embodying the cease and desist provisions of the Order of the National Labor Relations Board, the notices to remain posted for a period of sixty, (60) days from the date of posting ; (c) Notify the Regional Director for the First Region in writing within ten (10) days from the date, of said Order what steps the Respondent has taken to comply therewith. X. Respondent reserves to itself the right to contest before the National Labor Relations Board and any appropriate Court the applicability of the National Labor Relations Act to Re- spondent and the employees of Respondent, and by reason of the aforesaid the jurisdiction of the National Labor Relations Board and the appropriate Circuit Court of Appeals to enter agaiist the Respondent the Order and Decree set forth in subdivisions 1 (a) and (b) and 2 (a), (b) and (c) of Paragraph IX hereof but waives any and all other rights to contest the validity and 1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD propriety of the Order and the entry of said Order and Decree by the Board and appropriate Circuit Court of Appeals. XI. It is further agreed that this stipulation shall be null and void and of no effect in the event the National Labor Relations Board does not approve this stipulation and does not enter an Order based upon the terms and provisions of said stipulation, and that in the event the Board does not approve the stipulation and issue an Order based upon the terms and provisions of said stipulation the hearing shall be rescheduled and all parties shall have full and complete opportunity to introduce such testimony as they desire, within the issues as framed. XII. This stipulation constitutes the entire agreement between the parties and no verbal agreement of any kind has been made which varies, alters or adds to the stipulation. STIPULATION It is hereby stipulated and agreed by and between Bradburn Motors Company, hereinafter referred to as the Respondent, the International Association of Machinists, Local #1017, affiliated with the American Federation of Labor, hereinafter referred to as the Union, and Benjamin E. Gordon, Attorney, National Labor Relations Board, that : I. Upon amended charge duly filed by the Union, the National Labor Relations Board, by Edward Schneider, Acting Regional Director for the First Region (Boston, Massachusetts), acting pursuant to authority granted in Section 10 (b) of the National Labor Relations Act, 49 Stat. 449, hereinafter referred to as the Act, and acting pursuant to its Rules and Regulations-Series 1, as amended, Article IV, Section 1, issued its complaint and notice of hearing on June 21, 1939, against Bradburn Motors Company, Respondent herein. II. Copies of the complaint and notice of hearing. thereon, amended charge, and National Labor Relations Board Rules and Regulations-Series 1, as amended, were duly served upon the Respondent and the Union on June 22, 1939, said hearing being scheduled for June 29, 1939, at 10 A. M. (E. D. S. T.), in the Grand Jury. Room, Federal Building, Providence, Rhode Island. On June 23, 1939 the National Labor Relations Board ordered that Case No. I-C-1098 be consolidated for the purpose of hear- ing and for all other purposes with Cases Nos. I-C-1096 and I-C-1097, and copy of the order of consolidation was duly served upon the Respondent and the Union on June 27, 1939. On June 28, 1939 notice of postponement of hearing was duly issued and served upon the parties by A. Howard Myers, Re- HENRY LEVAUR, INCORPORATED 1043 gional Director for the First Region, National Labor Relations Board, postponing the hearing from Jude 29, 1939 to July 6, 1939, at 10 A. M. (E. D. S. T.), in the Small Court Room, Federal Building, Providence, Rhode Island. Respondent's answer to the complaint was filed July 6, 1939. The hearing was in session on July 6, 7, 8, 10 and 18, 1939, when it was recessed to July 21, 1939. III. Respondent is and has been since 1917 a corporation organized under and existing by virtue of the laws of the State of Rhode Island, and is now and has continuously been engaged at a place of business at 79 Elmwood Avenue, in the City of Providence, County of Providence, State of Rhode Island, in the sale, distribution, exchange, service and repair of new and used automobiles and trucks, and parts, accessories and equip- ment thereof. IV. International Association of Machinists, Local #1017, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2, subdivision (5) of the said Act. V. All employees of Respondent engaged in the service, repair, maintenance, painting and body fixing of new and used automo- biles and trucks, and parts, accessories and equipment thereof, excluding executives and supervisors, constitute a. unit appropri- ate for purposes of collective bargaining within the meaning of Section 9 of the said Act. VI. It is hereby agreed by and between the parties that the union is and has been since on or about November 1, 1938 the representative for purposes of collective bargaining of a ma- jority of the employees in the unit described in Paragraph V hereof. VII. On July 6, 1939 the Union called off its strike referred to in Paragraph 8 of the complaint issued on June 21, 1939 against Respondent and Respondent has reinstated to their former positions all employees who took part in the strike. VIII. It is hereby agreed, that Page 20, Line 21 to Page 548 inclusive, and all Exhibits introduced in evidence within said pages be stricken from the official transcript of the record of the proceedings in the above-entitled matter. Respondent and the Union waive the right to a hearing as set forth in.Sections 10 (b) and 10 (c) of the said Act and waive the right to the makings of Findings of Fact and Conclusions of Law by the National Labor Relations Board other than as to the question of whether the National Labor Relations Act is applicable to the Respondent and the employees of Respondent. 1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IX. It is further stipulated and agreed, subject however to the provisions of Paragraph X below, that upon the pleadings, record, and upon this stipulation, if approved by the National Labor Relations Board, an Order may forthwith be entered by said Board and by the appropriate Circuit Court of Appeals,. if the Board desires to make application thereto, providing as, follows : 1. Respondent, its officers, agents, successors and assigns, shall cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with the International Association of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of Respondent's employees engaged in the service, repair, main- tenance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and equipment thereof, exclud- ing executives and supervisors, in respect to rates of pay, wages, hours of employment and other conditions of employment. 2. Respondent, its officers, agents, successors and assigns, shall take the following affirmative action to effectuate the policies of the Act : (a) Upon request bargain collectively with the International Association of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of its employees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and equipment thereof, excluding executives and supervisors, in respect to rates of pay, wages, hours of employment and other conditions of employment; (b) Post immediately in conspicuous places at its place of business notices embodying the cease and desist provisions of the Order of the said Board, the notices to remain posted for a period of sixty (60) days from the date of posting; (c) Notify the Regional Director for the First Region in writing within ten (10) days from the date of said Order what steps the Respondent has taken to comply therewith. X. Respondent reserves to itself the right to contest before the National Labor Relations Board and any appropriate Court HENRY LEVAUR, INCORPORATED 1045 the applicability of the National Labor Relations Act to Re- spondent and the employees of Respondent, and by reason of the aforesaid the jurisdiction of the National Labor Relations Board and appropriate Circuit Court of Appeals to enter against the Respondent the Order and Decree set forth in sub- divisions 1 (a) and (b), and 2 (a), (b) and (c) of Paragraph IX hereof but waives any and all other rights to contest 'the validity and propriety of the Order and the entry of said Order and Decree by the Board and the appropriate Circuit Court of Appeals. XI. It is further agreed that this stipulation shall be null and void and of no effect in the event the National Labor Relations Board does not approve this stipulation and does not enter an Order based upon the terms and provisions of said stipulation, and that in the event the Board does not approve the stipula- tion and issue an Order based upon the terms and provisions of said stipulation the hearing shall be rescheduled and all parties shall have full and complete opportunity to introduce such testi- mony as they desire, within the issues as framed. XII. This, stipulation constitutes the entire agreement between the parties and no verbal agreement of any kind has been made which varies, alters or adds to the stipulation. On October 3, 1939, the Board issued its order approving the stipu- lations, making them part of the record, and, pursuant to Article II, Section 36, of National Labor Relations Board Rules and Regula- tions-Series 2, transferred the proceeding to and continued it before the Board for the purpose of entry of a decision and order pursuant to the provisions of the stipulations. Pursuant to request by the respondents and notices duly served upon the respondents and the I. A. M., a hearing was held before the Board in Washington, D. C., on October 26, 1939, for the purpose of oral argument. The respondents and the I. A. M. were represented by counsel and participated in the argument. Upon the basis of the above stipulations and the record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESSES OF THE RESPONDENTS 1 All three respondents are engaged in the sale, distribution, exchange, service, and repair of new and used automobiles and trucks, and parts, 'A tabular analysis of the respondents ' purchases, acquisitions , and sales in 1938 and the first half of 1939 is attached hereto as Appendix "A." 1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD .accessories, and equipment thereof. All are Rhode Island corpora- -tions and are located at Providence, Rhode Island. The general operations of these respondents, as distributors or dealers, may be described as follows: Each of the respondents has an agreement with a manufacturer of :automobiles for the sale and distribution of that manufacturer's prod- ucts within a described sales area. Distributors, such as the respond- ents, appoint dealers who represent the distributors within designated areas. The dealers purchase from the distributors the products of -the manufacturers for resale. The dealers furnish reports of the operations of their businesses to the distributors, who, in turn, furnish -reports on inventories and sales to the manufacturers. With the exception of Bradburn, automobiles are shipped by the -manufacturers directly to the respondents at whose places of business the dealers take delivery of the automobiles. The sales prices of new ,cars established by the respondents or their dealers are based upon the manufacturers' list prices. To further the sales of their products, the manufacturers advertise in local newspapers and list the names ,of the respondents and their dealers. Automobiles which are delivered by manufacturers to the respond- ents are transported by railway or truck from the factories in Michigan to Providence, Rhode Island. From the railroad station there, the automobiles are driven to the respondents' places of business by their employees. When received by the respondents the automobiles are serviced 2 by their employees 3 and made ready for delivery to the individual purchasers or dealers. When the cars are serviced for dealers, the respondents charge them for this work. A. Bradburn is a distributor of and dealer in automobiles, parts, accessories, and equipment manufactured by the Pontiac Motor Divi- sion of the General Motors Sales Corporation, herein called Pontiac, ,of Pontiac, Michigan. Bradburn is represented by 10 dealers in Rhode Island and 1 in Massachusetts. It also acquires and sells used cars. Bradburn, during the period from January 1, 1938, to June 1, 1939, purchased 982 new cars, of a value of $657,058.22, 942 of which were from Pontiac, and 12 of which were from other sources outside the State of Rhode Island. During the same period, Bradburn sold 1019 new cars of a value of $786,544.45, of which 53, of a value of $40,659.57, were sold to individuals or dealers having addresses or places of business outside Rhode Island. Six hundred thirty used cars, of a value of $157,227.90, were ac- quired by Bradburn during this period as "trade-ins" on new cars. Servicing includes the following operations : washing, lubricating, tightening, inspect- ing brakes and lights, motor tune-up, polishing, painting, checking carburetor, transmis- sion, and mechanical parts, etc. Except in Colt-Brady's business, the service employees are, used interchangeably on new and used cars. 3 The employees who perform the servicing function are included in the units agreed upon by the parties as appropriate for the purposes of collective bargaining. HENRY LEVAUR, INCORPORATED 1047 :Twenty-four of, these, of a valueof $4,658.63, originated front sources outside Rhode Island. Of the 774 used cars; of a value of $185,514.591 that Bradburn sold during this period, 24, of a value of $8,303.00, were sold to individuals or dealers having addresses or places of business outside Rhode Island. Bradburn also exchanged' new cars with other dealers or dis- tributors. Of the 29 such exchanges made by Bradburn during the period from January 1, 1938 to June 1, 1939, all were with dealers or distributors located outside Rhode Island. During the same period, Bradburn also purchased parts, accessories, and equipment, of the value of about $53,718.00, most of which originated at Pontiac, Michi- gan. Bradburn, during this period, sold parts, accessories, and equip- ment of an aggregate value of about $52,776.00, of . which about $6,336.00 represented sales to purchasers giving addresses outside Rhode Island. B. Colt-Brady is a distributor of and dealer in automobiles, parts, accessories, and equipment manufactured by the Chrysler Corporation for its Chrysler Sales Division, herein called Chrysler, of Detroit, Michigan. Colt-Brady is represented by 17 dealers in Rhode Island and 3 in Connecticut. It also acquires and sells used cars. Colt-Brady, during the period from January 1, 1938, to June 30, 1939, purchased 1,920 new cars, of a value of $1,346,157.00 from. Chrysler. During the same period, Colt-Brady sold 77 new cars, of a value of $53,671.00, to dealers located outside Rhode Island, and 22 new cars to individuals giving addresses outside Rhode Island. During the same period, Colt-Brady acquired 891 used cars, of a value of $222,826.00, of which about 73, of a value of about $17,000.00, originated from sources outside Rhode Island. Of the 964 used cars, of a value of $241,956.00, that Colt-Brady sold during this period, 51, of a value of about $12,500.00, were sold to persons having addresses outside Rhode Island. - Colt-Brady, during the period from January 1, 1938, to June 30,1939, also exchanged -72 cars, of a value of about $50,000.00, with dealers or distributors located outside Rhode Island. During this period, Colt-Brady purchased parts, accessories, and equipment of a value of $71,267.41, most of which originated at Marys- ville, Michigan. Colt-Brady during this period sold parts, acces- sories, and equipment of an aggregate value of $95,204.00, of which $1,11.5.00 represented sales to its dealers located outside Rhode Island. C. Levaur is a distributor ' of and dealer in automobiles, parts, accessories, and equipment manufactured by the Chrysler Corpora- This is also known as a "swap." In Levaur's contract with its manufacturer, the respondent Is called a "direct dealer.". Respondent's representatives are called "associate dealers." It is clear, however, that the functions of the "direct dealer" and "associate dealers" are the same as those of the distributor and dealers, respectively. 247384-40-vol. 17-67 1048 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD tion for its De Soto Division, herein called De Soto, of Detroit, Michigan. Levaur is represented by 13 dealers e in Rhode Island and 3 in Massachusetts. It also acquires and sells used cars. . Levaur, during the period from January 1, 1938, to June 30, 1939,. purchased its new automobiles from De Sota.7 During this period, Levaur sold 1,544 new automobiles, of a value of about $1,169,000.00, of which 23 were sold to individuals giving addresses outside Rhode Island and 149 were sold to dealers whose places of business were outside Rhode Island. The value of these 172 cars sold to individuals and dealers located outside Rhode Island was about $120,000.00. During the same period, Levaur acquired 638 used cars, of a value of about $191,000.00, of which about 25, of a value of about $7,500.00, originated from sources outside Rhode Island. Of the 692 used cars, of a value of about $207,000.00, that Levaur sold during this period, 17, of a value of about $5,100.00, were sold to individuals having addresses outside Rhode Island. Levaur, during the period from January 1, 1938, to June 30, 1939, also exchanged 168 cars, of which 109, of a value of about $76,000.00, were exchanged with dealers or distributors located outside Rhode Island. Levaur, during this same period, purchased parts, accessories, and equipment, of a value of $47,891.00, most of which originated at Marysville, Michigan. Levaur during this period sold a small amount of parts, accessories, and equipment to persons and dealers having addresses and places of business outside Rhode Island. We find that the above-described operations of each of the respond- ents constitute a continuous flow of trade, traffic, and commerce among the several States .8 ORDER Upon_ the basis of the above findings of fact, stipulations, and the record in the case, and pursuant to Section 10 (c) of the National Labor Relations Act, the National Labor Relations Board hereby orders that: I The respondent, Bradburn Motors Company, Providence, Rhode Island, its officers, agents, successors and assigns shall: 1. Cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, u See footnote 5. 7 Purchases and sales during this period were about the same. See Matter of Denver Automobile Dealers Association, a Corporation, et at. and Capitol Automotive Lodge No. 606, International Association of Machinists, 10 N. L. R. B. 1173; Matter of Schierbrook Motors and Trl-City Auto Mechanics Lodge 1215, affiliated with the A. F. of L., 15 N. L. R. B. 1109. HENRY LEVAUR, INCORPORATED 1049 join or assist' labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with the International As- sociation of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of respondent's. employees engaged in the service, repair, maintenance, painting and- body fixing of new and used automobiles and trucks, and parts, ac- cessories and equipment thereof, excluding executives and supervisors,. in respect to rates of pay, wages, hours of employment and other con- ditions of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act : (a) Upon request bargain collectively with the International As- sociation of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of its employees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and equipment thereof, excluding executives and supervisors, in respect to rates of pay, wages, hours of employment and other conditions of employment; (b) Post immediately in conspicuous places at its place of business notices embodying the cease and desist provisions of this Order, the notices to remain posted for a period of sixty (60) days. from the date of posting; (c) Notify the Regional Director for the First Region in writing within ten (10) days from the date of this Order what steps the re- spondent has taken to comply herewith. II The respondent, Colt-Brady Company, Providence, Rhode Island, its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with the International As- sociation of Machinists, Local #1017, affiliated with the American 1050 DECISIONS Or NATIONAL LABOR RELATIONS BOARD Federation of Labor, as the exclusive representative of respondent's employees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles and trucks, and parts, ac- cessories and equipment thereof, excluding executives and supervisors, in respect to rates of pay, wages, hours of employment and other con- ditions of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Upon request bargain collectively with the International As- sociation of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of its employees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and equipment thereof, excluding executives and supervisors, in respect to rates of pay, wages, hours of employment and other conditions of employment ; (b) Post immediately in conspicuous places at its place of business notices embodying the cease and desist provisions of this Order, the notices to remain posted for a period of sixty (60) days from the date of posting; (c) Notify the Regional Director for the First Region in writing within ten (10) days from the date of this Order what steps the respondent has taken to comply herewith. III . The respondent, Henry Levaur, Inc., Providence, Rhode Island, its officers, agents, successors and assigns shall : 1. Cease and desist from : (a) In any manner interfering with, restraining or coercing its employees in the exercise of their right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection, as guaranteed in Section 7 of the National Labor Relations Act; (b) Refusing to bargain collectively with the International Associ- ation of Machinists, Local #1017, affiliated with the American Fed- eration of Labor, as the exclusive representative of respondent's em- ployees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles and trucks, and parts, accessories and equipment thereof, excluding executives and super- visors, in respect to rates of pay, wages, hours of employment and other conditions of employment. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: HENRY LEVAUR, INCORPORATED 1051 (a) Upon request bargain collectively with the International As- sociation of Machinists, Local #1017, affiliated with the American Federation of Labor, as the exclusive representative of its employees engaged in the service, repair, maintenance, painting and body fixing of new and used automobiles, and trucks, and. parts, accessories. and equipment thereof, excluding executives and supervisors, in respect to rates of,pay, wages, hours of employment and other conditions of employment ; (b) Place Raymond Hougrand upon a preferred list to be offered reinstatement to his former position or substantially equivalent em- ployment if and when the need for his services arise with preference being given in the filling of such position over. any persons not em- ployed by respondent on May 1, 1939; (c) Post immediately in conspicuous places at its place of business notices embodying the cease and desist provisions of this Order, the notices to remain posted for a period of sixty. (60) days from the date of-posting; (d) Notify the Regional Director for the First Region in writing within ten (10) days from the date of this Order what steps the re- spondent has taken to comply herewith. APPENDIX A BradhurnMotors Colt-Brady , H. Levaur Period ______ _______________ _______________ 1/1/38-6/1/39_____ 1/1/38-6/30/39 __-______ 1/1/38-6/30/39. Distributor for------------- --------------- Pontiac --------- Chrysler. Plymouth- DeSoto, Plymouth. Dealers____ _ _______________ _______________ 10 in R. L, 1 17'in R. L, 3 outside - 13 in R. 1., 3 out. outside. side. Number 982 ------------ 1,920 3 Purchases --- ' Value________ $657,058 .22_______ $1.346 , 157-00---------- (3). Frbm-------- Pontiac, 1,1ich.'_ Detroit, Mich --------- Detroit, Mich. New Cars_ _ Number ----- 1,019------------ ----------------------- 1.544. ISales Value -------- $786,544.45------- ----------------------- $1,169, 000.00, -_....... Outside R. I_ 53__________ _____ 99 -------------------- 172. Value -------- $40,659.57 -------- $53, 671.00 2........... $120,000.00.; Number ----- 630-------------- 891 ------ ------------------- 638. Acquisitions Value ________ $ 157,227 .90-______ $222 ,826.00------------ $191,000.00. - Outside it. L 24--------------- 73 -------------------- 26. Used Cars Value-------- $4,658.63 --------- $17,000. 00------------- $7,500.00. __ Number ----- 774______________ 964 ------------------- 692. Sales value -------- $185,514 .59-_._-_. $241 ,956.00------------ $207,000.00. - ___---- Outside it. L 24_______________ 51 -------------------- 17. Value________ $8,303.00--------- $12,500 .00 ------------- $5.100.00. T','umber----- 29--------------- 72-------------------- 1618. Exchanges --- ------ "'° Value-------- ------------------ $50,000.00_____________ From Out- 29 72 109. side R . I. - Purchases----- -------------- $53,718.00__-_____ $71,267 .41 ------------- $47,891.00. Parts, ac- From________ ______________ Pontiac, Mich.- Marysville, Mich.' --- Marysville, Mich., cessories . Sales - --------- -------------- $,52,776.00-------- $95,204 .00 __-___--____ Outside R. I ______ $6,336.00---------- - $1,115.004 ............. $majlamount. I Most of products came from this source. f Amount is for 77 cars only. Purchases and sales are about the same. 4 Figure represents sales to its dealers only.