Mahoney Motor Co.

In the Matter of MAHONEY MOTOR COMPANY and LODGE No. 1426, INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L. , Case No. R-2247.-Decided January 28, 1941 Jurisdiction : automobile and petroleum products selling industry. Investigation and Certification of Representatives : existence of question: re- , fusal to accord recognition to the union ; election necessary. Unit Appropriate for Collective Bargaining : all auto machinists, mechanics, electricians, ignition men, radiator repair men, body and fender men, painters, grease-rack men, filling-station attendants, and all general garage help that do work in connection with the mechanical department of the Company, excluding all office and clerical employees, salesmen, delivery boys, and super- visors with the authority to hire and discharge ; agreement as to. Sifford c6 Wadden, by Mr. S. F. Wadden, of Sioux City; Iowa, for the Company. Mr. P. L. Sieiniller, of Des Moines, Iowa, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 17, 1940, Lodge No. 1426, International Association of Machinists, herein called the Union, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Mahoney Motor Company, Sioux City, Iowa, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 23, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon clue notice. On December 27, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and 29 N. L R. B, No. 40. 224 MAHONEY MOTOR COMPANY 225 the Union. Pursuant to notice , a hearing was held on January 7, 1941, at Sioux City, Iowa, before Lee Loevinger, the Trial Examiner duly designated by the Board. The Company was represented by counsel, the Union by its representative; both participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to , introduce evidence bearing on the issues was afforded all parties. During the course of and at the close of the hearing, counsel for the Company filed motions to dismiss the petition on the ground that the Company is not subject to the jurisdiction of the Board. The Trial Examiner reserved ruling thereon. The mo- tions are hereby denied. During the course of the, hearing counsel for the Company moved to introduce in evidence an exhibit marked as Company Exhibit No. 3. The Trial Examiner reserved ruling on the admissibility of this exhibit. We hereby grant the motion of the Company to introduce in evidence Company Exhibit No. 3. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Mahoney Motor Company is an Iowa corporation with its principal place of business at Sioux City, Iowa, where it is engaged in the business of buying and selling automobiles, automobile parts, ,and petroleum products. -Front May 1, 1940, to October 31, 1940, the Company purchased new cars, parts , accessories , petroleum products , and miscellaneous products, valued at $273,189.24, approximately 86 per cent of which were purchased by it from vendors outside the State of Iowa. Dur- ing the same period the Company's retail sales of new automobiles amounted to approximately $253,900, about 14.3 per cent of which represented sales made in Iowa to purchasers who live outside the State of Iowa. During the same period the Company sold parts and accessories valued at approximately $81,447, approximately 8.3 per cent of which represented sales of parts and accessories 'delivered in Iowa to customers who live outside the State of Iowa, and 1.3 per cent of which- represented parts and accessories shipped by the Com- pany to points outside the State. During the same period the Com- pany sold used cars valued at about $193 ,770, approximately 16.1 per cent of which represented used cars delivered in the State of Iowa to 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD customers who live outside the .State. The Company employs ap- proximately 80 employees. H. THE ORGANIZATION INVOLVED Lodge No. 1426, International Association of Machinists, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant exclusive recognition to the Union because it controverts the Union's claim to represent a major- ity of the employees in an appropriate unit. A ,statement of the Regional Director introduced in evidence at the hearing shows that the, Union represents a substantial number of employees in the unit alleged by it to be appropriate? We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF, THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States,and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agreed at the hearing and we find that all auto machinists, mechanics, electricians, ignition men, radia- tor repair men, body, and fender- men, painters, grease-rack men, filling-station attendants, and all general garage help that do work in connection with the mechanical department of the Company, ex- cluding all office and clerical employees, salesmen, delivery boys, and supervisors with the authority to hire and discharge, constitute a unit appropriate for the purposes of collective bargaining. We further find'that such unit 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. ' The Regional Director's statement shows that 30 employees whose names appear on the Company pay roll of November 30, 1940, , have signed a petition authorizing the Union to iepie'ent them. There are approximately 45 employees in the unit alleged by the Union to be appropriate. MAHONEY MOTOR COMPANY 227 VI. THE DETERMINATION OF REPRESENTAT1VES- We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Union stated that in the event the Board directed an election it desired that the Company's pay roll of January •3, 1941, introduced in evidence at the hearing,, be used to determine eligibility to vote. The Company did not take any position with respect to the eligibility date. No reason appears why the pay roll for the period immediately preceding the date of our Direction should not be used to determine eligibility to vote in the election. We find that the employees of the Company eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, in. eluding employees who did not work during such pay-roll period be cause they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause. 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. A question affecting commerce has arisen concerning the repre- sentation of employees of Mahoney Motor Company, Sioux' City, Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All auto machinists, mechanics, electricians, ignition men, radia- tor repair men, body and fender men, painters, grease-rack men, filling-station attendants, and all general garage help that do work in connection with the mechanical department of the Company, excluding all office and clerical employees, salesmen, delivery boys, and supervisors with the authority to hire and discharge, consti- tute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining 413602-42-vol 29-16 228 DECISIONS OF NATIONAL ' LABOR RELATIONS BOARD with Mahoney Motor Company, Sioux City, Iowa, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the (late of this Direction, under the direc- tion and supervision of the Regional Director for the Eighteenth Region, acting in this matter as agent of the National Labor Rela- tions Board , and subject to Article III, Section 9, of said Rules and Regulations, among all auto machinists , mechanics, electricians, ignition men , radiator repair men , body and fender men, painters, grease-rack men, filling-station attendants, and all general help that do work in connection with the mechanical department of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vaca- tion and employees who were then or have since been temporarily laid off, but excluding all office and clerical employees , salesmen, delivery boys, supervisors with the authority to hire and discharge, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Lodge No. 1426, International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the alcove Decision and Direction of Election.