Dodge Motors, New York, Inc.

In the Matter of DODGE MOTORS, NEW YORK, INCORPORATED and LOCAL 259, UNITED AUTOMOBILE WORKERS OF AMERICA, CIO Case No. R-2259.-Decided February 7,1941 Jurisdiction : automobile selling and servicing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union; election necessary. Unit Appropriate for Collective Bargaining : all employees in service and repair departments, excluding foremen, service salesmen, timekeepers, office and clerical employees, managerial and supervisory help, and watchmen ; no con- troversy as to. Larkin, Rathbone c0 Perry, of'New York City, for the Company. Mr. Alexander E. Racolin, of New York City, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 12, 1940, Local 259, United Automobile Workers of America, C. I. O. herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Dodge Motors, New York, Incorporated,, 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 January 9, 1941, 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 au- thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 11, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the i Incorrectly designated in the formal papers as Dodge Motors, New York, Inc This was corrected by motion at the hearing. 29 N. L. R. B., No. 85. 439 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union. Pursuant to notice, a hearing was held on January 15, 1941, at New York City before Daniel Baker, the Trial Examiner duly designated by the Board: The Company and the Union were repre- sented by counsel and 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 the hearing the Trial Examiner granted a motion of the Union to amend its petition in respect to certain formal matters. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence. The Board has reviewed -all 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 I. THE BUSINESS OF THE COMPANY Dodge Motors, New York, Incorporated, a wholly owned subsidiary of Chrysler Corporation, is a New York corporation with its principal office in New York City, where it is engaged in the purchase and sale of new automobiles and automobile parts, and the repair and mainte- nance of automobiles. During the first 11 months of 1940, the Com- pany purchased approximately 475 automobiles, all of which were shipped to it from points outside the State of New York. During this same period the Company sold approximately 153 automobiles to purchasers residing outside the State of New York. During the same period the Company performed repair services on approximately 16,7-37 automobiles, approximately 630 of which were owned and oper- ated by residents of States other than the State of New York. • II. THE ORGANIZATION INVOLVED Local 259,' United Automobile Workers of America, is, a labor or- ganization' affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company lids refused to grant exclusive recognition to the Union, until such time as the Union can present concrete evidence of its claim to represent a majority' of the Company's employees in an appropriate unit. A statement of the Regional Director introduced -DODGE MOTORS, NEW YORK, INCORPORATED. 441 in evidence at the hearing shows that the Union represents a sub- stantial number of employees in the alleged appropriate unit.2 , 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 Union urges that all employees in the service and repair de- partments of the Company, excluding foremen, service salesmen, time- keepers, office and clerical employees, managerial and supervisory help, and watchmen constitute a unit appropriate for the purpose of collective bargaining. The Company stated that it had no objection to the unit urged by the Union. We find that all employees in the service and repair departments` of the Company, excluding foremen, service salesmen, timekeepers, office and clerical employees, managerial and supervisory help, and watchmen, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Com- pany the 'full benefit of their right to self-organization and to col- lective bargaining, and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Union seeks to be certified on the basis of the record. The record shows that the Company employs approximately 50 employees in the appropriate unit. In support of its claim of majority represen- tation the Union produced applications for membership in the Union signed by 34 of the approximately 50 employees in the appropriate unit. The Company stated that it did not wish to take any position with respect to this request of the Union. We believe that the ques- tion concerning representation can best be resolved-by means of an election by secret ballot. 2 The Regional Director's statement shows that 34 employees whose names appear on the Company's pay roll of December 28, 1940, have signed authorization cards in the Union. These cards were signed in October, November , and December, 1940. There are approxi- mately 52 employees in the alleged appropriate unit. 442 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD The Union urged that a pay roll as of the date of the hearing be used as a basis for determining eligibility to vote in the event that, the Board directed an election. The Company stated that it had no objection to 'the use of this pay roll. We shall direct that the em- ployees of the.'Company eligible to vote in the election shall be those in the appropriate unit whose names appear on the Company's pay roll of January 15, 1941, including employees who did not work during such pay-roll period because 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 Dodge Motors, New York, Incorporated, New York City, within the meaning of Section 9 (c) and Section 2, (6) and (7) of the National Labor Relations Act. 2. All employees in the service and repair departments of the Company, excluding foremen, service salesmen, timekeepers, office and clerical employees, managerial and supervisory help, and watch-- men , constitute 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 virture of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, 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 with Dodge Motors, New York, Incorporated, New York City, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all employees ,in the service and repair departments of the Company whose names appear on, the Company's pay roll of January 15; 1941, including DODGE MOTORS, NEW YORK, INCORPORATED 443 employees who did'not work during such pay-roll period because they were ill or on vacation and employees who were then'or have since been temporarily laid off, but excluding foremen, service salesmen, timekeepers, office'and clerical employees, managerial and supervisory help, watchmen, and employees who have since quit or been dis- charged for cause, to determine whether or not they desire, to be represented-by Local 259, United Automobile `Yorkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.