Mack-International Motor Truck Corp.

IN THE MATTER OF MACK-INTERNATIONAL MOTOR TRIICK CORPORATION and AMALGAMATED LOCAL 259, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. 0. Case No. R-2457.-Decided April 28, 1941 Jurisdiction : motor truck selling and servicing industry. Investigation and Certification of Representatives : existence of questions: con- flicting claims of rival representatives; elections necessary. Units Appropriate for Collective Bargaining : separate' units comprising the service employees at each of six plants of the Company, including machinists and their helpers, mechanics and their helpers, parts men, welders, black- smiths and their helpers, woodworkers, painters and their helpers, metalmen, porters, drivers, demonstrators, electricians, fendermen, shop clerks, main- tenance mechanics, and watchmen, but excluding supervisors, office employees, salesmen, executives, directors, superintendents, and foremen. Mr. Richard J. Hickey, for the Board. Chadbourne, Wallace, Parke cfi Whiteside by Mr. Horace G. Hitch- cock, of New York City, for the Company. Mr. Alexander E. Racolin, of New York City, for the C. I. 0. Mr. J. Hopkinson and Mr. C. A. Holmes, of New York City, for the A. F. of L. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On February 27, 1941, Amalgamated Local 259, United Automo- bile Workers of America, C. I. 0.,1 herein called the C. I. 0., filed with the Regional Director for the Second Region (New York City) a petition, and on March 4, 1941, and on April 3, 1941, amended peti- tions, alleging that a question affecting commerce had arisen concern- ing the representation of employees of Mack-International Motor Truck Corporation, New York City, herein called the Company,2 and requesting an investigation and certification of representatives pur- suant to Section 9 (c) bf the National Labor Relations Act, 49 Stat. i Formal papers upon which the name of the petitioning union appeared incorrectly were amended at the hearing. 2 The name of the Company appears erroneously on the petition and other formal papers. 31 N. L. R. B., No. 66. 424 MACK-INTERNATIONAL MOTOR TRUCK CORPORATION 425 449, herein called the Act. On March '28, 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 authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due 'notice. On March 29, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the C. I. 0., and Automobile Lodge No. 447, International Association of Machin- ists, herein called the A. F. of L., a labor organization claiming to represent employees directly affected by the investigation.3 Pursuant to notice, a hearing was held on April 4,' 1941, at New York City, before James C. Paradise, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented, by coun- sel,, and the unions by their` respective representatives. , All partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. 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 com- mitted. ' 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 Mack-International Motor Truck Corporation is engaged in the sale and servicing of motor trucks, the servicing of motor busses, and the sale of parts for motor trucks and busses. The Company oper- ates six plants consisting of sales offices and service departments 'in the Boroughs of Bronx, Brooklyn, Manhattan, and Queens (New York City), at White Plains, New York, and at Mineola , New York. In conjunction with its Queens plant, the Company operates a machine shop and a shop for the building and painting of bodies at Long Island City. These six plants are the sole branches maintained by the Company in the metropolitan area of New York City for the sale, servicing, and distribution of automobile trucks manufactured by Mack Manufacturing Corporation, an affiliated corporation, at its Allentown, Pennsylvania, plant. During the year 1940 new trucks valued in excess of $100,000 were received from Allentown, Pennsylvania, and serviced and sold at $ Service of notice of the hearing was made upon International Association of Machinists, District # 15, bargaining agent for the A. F. of L. 426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD each of the Company's six plants described above. Such work con- stituted about 2 per cent of the work of the service department during that year. During the same year in connection with its service de- partment each plant used parts valued in excess of $10,000 which were brought into the State from New Jersey. The repair and replace- ment of parts of trucks and motor busses owned by customers of the Company constitute the major part of the.work of the service depart- ments. For the most part customers of the Company are located within the State of New York. Some work was done in emergencies on trucks and motor-busses, passing through the State of New York, which were owned outside the State. Other work is done on trucks and motor busses owned by customers in the State of New York who use such trucks and motor busses in interstate transporta- tion. It' is estimated that less than 5 per cent of the total work of servicing trucks 'and busses at each plant related to service work done on trucks and busses which came from without the State. In addition to the servicing of trucks and busses in the Queens plant, the machine shop is engaged in work on contract for customers, some of which are located outside the State of New York. In the' year 1940 the volume of such business amounted to more than $10,000, which constituted about 21/2 per cent of the total volume of work done at, the shop. About 10 per cent of the raw materials used at its shop for the building and painting of bodies, which amounted to about $10,000, were received from outside the State of New York. II. THE ORGANIZATIONS INVOLVED Amalgamated Local 259, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations. Automobile Lodge No. 447, International Association of Machinists, is a labor organization affiliated with the American Federation of Labor. These organizations admit to membership service employees at the six plants of the Company described in Section I. III. THE QUESTIONS CONCERNING REPRESENTATION The C. I. O. requested the Company to bargain with it for service employees at the Company's Queens plant. The Company was con- fronted with a conflicting claim of the A. F. of L. and refused to bargain with the C. I. O. until it should be certified by the Board. Although the C. I. O. at this time confined its request to employees at the Queens plant, the Company admits that its response would have'.been the same if the request had applied to any one or more of its plants in this area. MACK-INTERNATIONAL MOTOR TRUCK CORPORATION 427 On November 15, 1938, the A.Y. of L. entered into a contract with the Company covering service employees at its six plants in the metro- politan area. The A. F. of L. contends that this contract consti- tutes a bar to this proceeding. The contract "pertains" to service employees, but provides particularly for the protection of A. F. of L. members. This contract is the only contract which the Company has ever made concerning these employees. The contract contains no clause of recognition of the A. F. of L. as bargaining agent. The contract has no termination date, but it is subject to cancellation on 60 days' notice. The Company has bargained and conferred with the A. F. of L. and adjusted grievances for its members from the date of the contract to the time of the hearing, but has extended to all em- ployees all concessions granted to A. F. of L. members. A represeli- tative of the A. F. of L. testified at the hearing that although the A. F. of L.,presently claims to represent all employees in the six plants, it "has not claimed that it represents a majority of such employees at this time." We find that the contract does not constitute a bar to this proceeding. A statement prepared by the Regional Director and further oral testimony received at the hearing disclose that the C. I. O. and the- A. F. of L. each represent a substantial number of employees em- ployed by the Company at the plants in question.4 4 The proposed unit in the original and first amended petition of the C I O. included only service employees in the Company's Queens plant The statement of the Regional Director discloses only evidence of membership among such employees . There are 245 employees at this plant. The C. I. 0 submitted 154 application for membership cards, of which 5 are dated 1937, 83 in February 1941, 42 in March 1941, and 24 undated All appear to bear genuine signatures , of which 138 are names on the Company's pay roll of March 13, 1941. The A F. of L. submitted its membership roster and dues record of March 13, 1941, containing 56 names of employees at the Queens plant. No signatures were submitted Of the 56 names, 45 were on the Company's pay roll of March 13, 1941. There are 30 duplicates among the names on the C. I. O. cards and the names on the A. F. of L. roster On the day before the hearing the C. I. O. amended its petition to include within one unit all service employees at the six plants of the Company in the metropolitan area. At the hearing the C. I. O. further amended its petition, designating six separate plant units. The numbers of employees at the several plants are as follows : At the Queens plant, 245 ; at the Manhattan plant, 38 ; at the Bronx plant, 37 ; at the Brooklyn plant, 32 ; at the White Plains plant, 16; and at the Mineola plant , 21. The president of the C. I. 0 testified that he had in his possession in the hearing room application for membership cards signed by service employees at five of the plants , as follows : 168 at the Queens plant ; 16 at the Bronx plant ; 20 at the Brooklyn plant ; 30 at the Manhattan plant ; and 9 at the White Plains plant . The cards concerning which this testimony was received were not presented to the Trial Examiner, nor did he request them . The names on the cards were not checked against any pay roll of the Company. The witness further testified that the C. I. O. was presently engaged in organizing the Mineola plant, that five employees had been approached, but that the witness did not know if any cards had been signed The A. F. of L. did not come to the hearing prepared to prove its current membership among employees in these six plants of the Company At the close of the hearing the Trial Examiner read into the record an official report, dated December 28, 1938, from the business representative of the A. F. of L. to the main office at Washington, D C, reciting that on the date named the A. F. of L. had a total of 206 members among service employees at the six plants of the Company. The total number of service employees at the six plants at the time of the hearing was 389. 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that questions have arisen concerning the representation of employees of the Company at each of its six plants in the metro- politan area. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection 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 UNITS • The C. I. 0. and the Company agree that the service employees, -including machinists and their helpers, mechanics and their helpers, parts men, welders, blacksmiths and their helpers, woodworkers, painters and their helpers, metalmen, porters, drivers, demonstrators, electricians, fendermen, shop clerks, maintenance mechanics, and watchmen, excluding supervisors , office employees, salesmen, execu- tives, directors, superintendents, and foremen, employed at each of the six plants of the Company in the metropolitan area constitute separate appropriate bargaining units. Subject to its contention that the contract of November 15, 1938, discussed above, is a bar to the holding of any election among such employees, the A. F. of L. con- cedes that such units are appropriate for bargaining. We find that the, service employees at each of the plants of the Company in the Boroughs of Bronx, Brooklyn, Manhattan, and. Queens (New York City), at White Plains, New York, and at Mine- ola, New York, including machinists and their helpers, mechanics and their helpers, parts men, welders, blacksmiths and their helpers, wood- workers, painters and their helpers, metalmen, porters, drivers, dem- onstrators, electricians, fendermen, shop clerks, maintenance me- chanics, and watchmen, but excluding supervisors, office employees, salesmen, executives, directors, superintendents, and foremen, consti- tute separate units appropriate for the purposes of collective bargain- ing and that said units will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation of employees of the Company at each of its six plants in the metropolitan area MACK-INTERNATIONAL MOTOR TRUCK CORPORATION 429 can best be resolved by, and we shall accordingly direct, elections by secret ballot. Those eligible to vote in the separate elections shall be employees in the respective appropriate units who were employed during the pay-roll period immediately preceding the date of our Direction of Elections, subject to such limitation and additions as are set forth in the Direction of Elections. 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 Mack-International Motor Truck Corpora- tion, New York City, at its plants in the Boroughs of Bronx, Brooklyn, Manhattan, and Queens (New York City), at White 'Plains, New York, and at Mineola, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. The service employees of Mack-International Motor Truck Cor- poration, New York City, including machinists and their helpers, me- chanics and their helpers, parts men, welders, blacksmiths and their helpers, woodworkers, painters and their helpers, metalmen, porters, drivers, demonstrators, electricians, fendermen, shop clerks, main- tenance mechanics, and watchmen, but excluding supervisors, office employees, salesmen, executives, director, superintendents, and fore- men, employed at each of its six plants in the Boroughs of Bronx, Brooklyn, Manhattan, and Queens (New York City), at White Plains, New York, and at Mineola, New York, constitute separate units ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. DIRECTION OF ELECTIONS 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, 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 collective bargaining with Mack-In- ternational Motor Truck Corporation, New York City, separate elec- tions by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elec- tions, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the Na- tional Labor Regulations Board, and subject to rticle III, Section 9, 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of said Rules and Regulations, among the service employees of Mack- International Motor Truck Corporation, New York -City, at each of its six plants in the Boroughs of Bronx, Brooklyn, Manhattan, and Queens (New York City), at White Plains, New York, and at Mine- ola, New York, including machinists and their helpers, mechanics and their helpers, parts men, welders, blacksmiths and their helpers, woodworkers, painters and their helpers, metalmen, porters, drivers, demonstrators, electricians, fendermen, shop clerks, maintenance me- chanics, and watchmen, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during that pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily'laid off, but excluding supervisors, office em- ployees, salesmen, executives directors, superintendents, foremen, and employees who have since quit or been discharged for cause, to deter- mine whether said employees desire to be represented by Amalgamated Local 259, United Automobile Workers of Air erica, or by Automobile 'Lodge No. 447, International Association of Machinists, for the pur- poses of collective bargaining, or by neither.