Chrysler New York Co., Inc.

I In the Matter of CHRYSLER NEw YORK COMPANY, INC. and LOCAL 259,. UNITED AUTOMOBILE WORKERS OF AMERICA , C. I..0. Cases Nos. R-1697 and R-1698.-Decided February 01, 1940 Automobile and Automobile Parts and Accessories Distribution , Sales, anal Servicing Industry-Investigation of Representatives : controversy concerning representation of employees : Company entered into collective agreements recog- nizing Union as representative of members only pending certification-Units Appropriate for Collective Bargaining: stipulated : (a) all service salesmen, exclusive of maintenance and repair workers, foremen, timekeepers , and office workers; and ( b) all maintenance and repair workers, exclusive of service sales- men, foremen , timekeepers, and office workers-Representatives : proof of choice:. authorization cards signed by majority of employees in respective units, authen- ticity of conceded ; evidence of majority membership in good standing , unchal- lenged; certification upon evidence unopposed by Company-Certification of Representatives : upon proof of majority representation. Mr. D. R. -Dimick; for the Board. Larkin, Rathbone and Perry, by Mr. John D. Leary, of New York City, for the Company. Mr. Alexander E. Racolin, of New York City, for the Union. Mr. John Green,'of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On November 27, 1939,:Local 259, United Automobile Workers of America, C. I. 0., herein called the Union, filed with the Regional Director for the Second Region (New York City) two petitions' alleging that a question affecting commerce had arisen concerning the- representation of employees of Chrysler New York Company, Inc.,. New York City, herein called the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c)^ of the National Labor Relations Act, 49 Stat. 449, herein called the. Act. On December 29, 1939, the National Labor Relations Board,. herein called the Board, issued its order consolidating the two cases 1 The petitions are identical in all respects except for the fact that they involved different, but mutually exclusive, units. 20 N. L. R. B., No. 64. 618 CHRYSLER NEW YORK QOM'PANY, INC. 619 and directing the Regional Director to conduct.. an investigation and to-provide for an appropriate hearing upon due notice. On January 12,.-1940, the Regional Director' issued a notice of hear- ing, which was duly served upon the Company and upon the Union. Pursuant to the notice, a hearing was held on January 22, 1940, before Henry W. Schmidt, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded to all parties. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE .COMPANY Chrysler New York Company, Inc., a wholly owned subsidiary of Chrysler Corporation,2 is a New York corporation with its main office and principal place of business in New York City. It is engaged in the sale, distribution, repair, and maintenance of new and used auto- mobiles, and parts, accessories, and equipment thereof. The Company has 72 dealers, under contract, for sales and service within a sales. area, which includes the 10 counties commonly known as Metropolitan New York,3 and Greenwich, Connecticut.4 In addition, the Company operates a service station located at 125 West End Avenue, New York City, herein called the West End Avenue service station, which alone is involved in these proceedings, for the purpose of general automobile repair, for the servicing and testing of new and used automobiles for wholesale and retail delivery, and as a storage space for such auto- mobiles. It also maintains parts depots in Brooklyn, New York, and Tuckahoe, New York, for the wholesale and retail distribution of auto- mobile'.parts and accessories. The Company has approximately 27a employees. During the year 1939 the Company purchased approximately 12,500, new automobiles, having a value of over $8,500,000, all of which were purchased from its parent organization, Chrysler Corporation,- in Detroit, Michigan, and shipped to the State of New York. Of such purchases, 70 to 75 per cent were shipped from Detroit, Michigan,, directly to the Company's, dealers throughout its New York area. 2 In Matter of Chrysler Corporation and United Automobile Workers of America, Local' 371, affiliated with C. 1. 0., 13 N. L.• R. B. 1303 , we found that "domestic and foreign, sales of the [ parent] Company's products are handled by a number of subsidiary corpora- tions, • In which .the;Company. is the.sole • stockholder." 3 This includes the five boroughs of New York City and the five counties of Westchester, Rockland , Putnam, Suffolk, and Nassau in the State , of New York. • The Company, however, has no dealer in Greenwich , Connecticut. 620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The balance, 25 to 30 per cent, of such purchases were shipped by rail from Detroit, Michigan, to New York City. In New York the Com- pany took delivery of the automobiles and drove them to the West End Avenue service station,5 where, prior to sale to dealers and to retail customers, the automobiles were checked as to various mechani- cal details.6 During the year 1939 the Company sold approximately 93 per cent of the new car purchases to dealers and sold approxi- mately 7 per cent at retail. Approximately 5 per cent of the auto- mobiles -sold at .retail .were; shipped to • points outside °the. State of New York. During 1939 the Company purchased, almost exclusively as trade- ins, approximately 1,350 used cars, having a value of over $430,000, of which approximately 5 per cent were owned and operated by residents of States other than the State of New York. During the same period the Company sold over 1,400 used cars, approximately 25 per cent of which were sold to residents of States other than the State. of New York. During the year 1939 the Company purchased automobile parts and accessories in the approximate value of $550,000, of which approxi- mately 85 per cent were purchased and shipped from points outside the State of New York and approximately 15 per cent were purchased from Chrysler Motor Parts Corporation, New York City, another subsidiary of Chrysler Corporation, which purchased such parts out- side the State of New York. During the year 1939 the Company performed repair service on more than 24,500 automobiles, approximately 10 per cent of which were owned and operated by residents of States other than the State of New York. H. THE ORGANIZATION INVOLVED Local 259, United Automobile Workers of America, is a labor or- ganization affiliated with the Congress-of Industrial `Organizations, and admits to membership service salesmen and maintenance and repair workers of the Company, exclusive of foremen, timekeepers, and office workers. III. THE QUESTIONS CONCERNING REPRESENTATION On November 16, 1939, the Company entered into two collective agreements with the Union. By the terms of one of the agreements the parties agreed that the Company's service salesmen, at the West End Avenue service station, exclusive of foremen, maintenance and 5 On taking delivery the Company attaches bumpers, installs batteries, and services the automobiles with oil, gas, and water. " In addition, cars sold at retail are checked as to oil and grease, and are washed and polished. 'CHRYSLER NEW YORK C'IOM'PANY, INC. 621 repair workers, timekeepers, and office workers, constituted an. appro- priate unit for the purpose of collective bargaining; the Company recognized-the Union as, the bargaining representative for such of the service salesmen as were members of the Union; and the Company agreed to recognize the Union as the exclusive representative of all of the service salesmen in the event that the Union should be certified by the Board as the representative of the service salesmen.7 The second agreement contained identical provisions with respect to maintenance and repair workers of the Company at the West End Avenue service station, exclusive of foremen, service salesmen, timekeepers, and office workers.8 We find that questions have arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE:QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions which have arisen, occurring in connec- tion with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce.' V. THE APPROPRIATE UNIT At the hearing the Company and the Union stipulated that all service salesmen of the Company at its West End Avenue service station, except foremen, maintenance and repair workers, timekeepers, and office workers, constitute an appropriate unit for the purposes of collective bargaining, and that all maintenance and repair work- ers of the Company at its West End Avenue service station, except foremen, service salesmen, timekeepers, and office workers, also con- stitute an appropriate unit for the purposes of collective bargaining. As we-have, stated above, these are the units upon which the parties agreed in the collective agreements entered into on November 16, 1939. We see no reason to alter the units thus established. We find that (a) all service salesmen of the Company at its West End Avenue service station, except foremen, maintenance and repair workers, timekeepers, and office workers; and (b) all maintenance and 7 The collective agreement further provided that the other provisions should continue in full force in the event of such certification. 9 This agreement also provided for its continuance in full force in the event of certification. Y See Matter, of-' Henry *Leiaur; ' Inc. and"Interithtiolial'A'ssociation ' of Machinists Local #1017 ( A. F. L.), 17 N. L. R. B. 1034; Matter of Schierbrock Motors and Tri-City and Mechanics Lodge 215, affiliated with the A . F. of L., 15 N. L. It. B. 1109; Matter of Denver Automobile Dealers Association, a Corporation, et al. and Capital Automotive Lodge, No. 606, International Association of Machinists, 10 N. L. It. B. 1173. 622 DECISIONS , OF NATIONAL LABOR RELATIONS BOARD repair workers, except foremen, service salesmen, timekeepers, and office workers, constitute units appropriate for the purposes of collec- tive bargaining and that said units will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company employs 6 service salesmen and 97 maintenance and repair workers in the respective units. which we have, found appro- priate. At the hearing the Union introduced in evidence the signed application cards 10 of the 6 service salesmen, dated in June 1939, and the signed application cards of 93 of the 97 maintenance and repair workers, most of which were also dated in June 1939.11 The Com- pany conceded the authenticity- of the signatures on the cards of the service salesmen and of the signatures-on 89 of the 93 cards of mainte- nance and repair workers.12 The secretary-treasurer..of the _ Union testified that the 6 .service salesmen arid 85 of the maintenance and repair workers were members in good standing at the time the Com- pany entered into the afore-mentioned contract with the Union and at the time of the hearing. The Union requests, and the Company does not oppose, certification ,of the Union upon the basis of the evidence adduced at the hearing. Under the circumstances we see no reason for holding an election and will, therefore, grant the request of the Union. We find that the Union has been designated and selected by a ma- jority of the employees in the appropriate units as their representative for the purposes of collective bargaining. The Union is, therefore, the exclusive representative of all the employees in such units for the purposes of collective bargaining, and we will so certify. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of- employees of Chrysler New York Company, Inc., New 10 By the terms of the cards, the applicant declared , "I hereby select and. designate the International Union , United Automobile Workers of America , as my representative for the purpose of collective bargaining , to bargain for me and negotiate- for- me; -in respect-t6 rate of pay, wages and hours of employment , and/or other conditions - of em- ployment with my employer. "Eighty-seven of the 93 cards were dated in June 1939 , 1 was dated July 8 , 1939, and 5 were undated. In addition, the Union introduced in evidence unsigned applica- tion .cards of two other maintenance and repair workers, 1 dated November 15, 1939, and the - other bearing no date. . - is The 'Company had no records for the purpose of comparison ,-of three of the four remaining'.cards; the fourth one bore a different Christian name from that appearing on the Company's records. 'CHRYSLER NEW YORK COMPANY, INC. 623 York City, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. Local 259, United Automobile Workers of America,. C. I. 0., is °=a labor organization, within the meaning of Section 2 (5). of the National Labor Relations Act. 3. All service salesmen of the Company at its West End Avenue service station, except foremen, maintenance and repair workers, timekeepers, and office workers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 ,(b) of the National Labor Relations Act. 4. All maintenance and repair workers of the Company at its West End Avenue service station, except foremen, service salesmen, time- keepers, and office workers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section :9 (b) of the National Labor Relations Act. 5. Local 259, United Automobile Workers of America, C. I. 0., is the exclusive representative of all the employees in said units for the purposes of collective bargaining, within the meaning of Section '9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Local 259, United Automobile Work- ers of America, C. I. 0., has been designated and selected by a ma- jority of the service salesmen of Chrysler New York Company, Inc., New York City, at its West End Avenue service station, except foremen, maintenance and repair workers, timekeepers, and office workers, 'as their -representative -for the purposes of collective bar- gaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Local 259, United Automobile Work- ers of America, C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY FURTHER CERTIFIED that Local 259, United Automobile Workers of America, C. I. 0., has been designated and selected by a majority of the maintenance and repair workers of the Company at its West End Avenue service station, except foremen, service salesmen, timekeepers, and office workers, as their representative for the pur- . 624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD poses of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor.'Relations Act, Local 259, United Automobile Workers of America, C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.