Alden MacLellan, Inc.

In the- Matter of ALDEN MACLELLAN, INC. and LOCAL 1099, INTERNA- TIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.', Case No. R-2461.-Decided May 12,-1941 Jurisdiction : automobile selling industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until it is certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all hourly paid, employees at the Allentown, Pennsylvania and Bethlehem, Pennsylvania offices of the Company i excluding executives, sales, and clerical employees, the service superintendent, the service manager of the Bethlehem office, the used-car foremen, the parts department manager at Allentown and a specifically named employee in the parts department. Mr. Harold A. But, of Allentown, Pa., for the Company. Mr. Stanley N. Lentz, of Hazelton, Pa., for the Union. Mr. William H. Bartley, of.counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 16, 1940, Local 1099, International Association of Machinists, A. F. of L., herein called the Union, filed with the Re- gional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that,a question affecting commerce had arisen 'concerning the representation of employees of Alden MacLellan, Inc., Allentown, Pennsylvania, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 5, 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. 31 N. L. R. B., No. 127. 762 ALDEN MACLELLAN, INC. 763 On March 26, 1941, 'the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on April 8, 1941, at Allentown, Pennsylvania, before Geoffrey J. Cunniff, the Trial Exam- iner duly designated by 1the Chief Trial Examiner. The Company was represented by counsel and the Union by its representative; both participated in the hearing. Full opportunity to be heard, to exam- ine 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 made several rulings on motions and on objec- tions to the admission of evidence. The Board has reviewed the rul- ings 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 FACIP 1. THE BUSINESS OF THE COMPANY The,Company, a Pennsylvania corporation with its principal office at Allentown, Pennsylvania, and a branch office at Bethlehem, Penn- Sylvania, 4 miles away, is engaged in the wholesale and retail sale of new Dodge and Plymouth automobiles, used cars, parts, and acces- sories, and in the repair of automobiles. , Its retail territory includes 4 Pennsylvania counties. All new cars sold during 1940 were pur- chased-by the Company from a factory in Detroit, Michigan, and were transported to Pennsylvania by trucks., The Company sold 781 cars at wholesale and 425 cars at retail in 1940, with a. total value of $979,301.25. During the same period, it took in 825 used cars as "trade-ins," with a value of $229,878.80. Of the 1,206 cars sold in 1940, 15 were purchased by persons living outside the State of Pennsylvania.' The Company had a wholesale volume of parts and accessories amounting to $22,695.20, and a retail volume of $29,457.57 during 1940. Approximately 90 per cent of these parts and acces- sories calve to the Company by Railway Express from Detroit, Michi- gan. The total retail sales of cars, parts, accessories, and repairs for 1940 was $725,804.96, and the total wholesale sales was $614,186.84. The pay roll for 1940 amounted to $57,718.06 for 60 employees. II. THE ORGANIZATION INVOLVED Local 1099, International Association of Machinists, is a labor organization affiliated with the American. Federation of Labor, which admits to membership employees of the Company. I The president of the Company testified at the hearing that several of these 15 cars were entirely for use within the State of Pennsylvania 764, DECISIONS OF• -NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union until it is certified by the Board. • A statement of the Trial Examiner, introduced at the hearing, shows that the Union represents a substantial number of employees in the unit alleged by it to be appropriate.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 a unit composed of all hourly paid em-, ployees at the Allentown and Bethlehem offices of the Company, excluding executives, sales, and clerical employees, the service super- intendent, the service manager of the Bethlehem office,.the used-car foremen, and the parts department manager at Allentown is appro- priate for bargaining purposes. The Company first urged that all employees on the pay roll should be included in the appropriate unit, but during the hearing admitted that executives, sales, and clerical employees,- and the service superintendent should be excluded. It still contends, however, that the service manager of the Bethlehem office, the used-car foremen, the parts department manager at Allen- town, and Sasar Haake, an employee in the parts department, should be included in the unit. The unit which the Union asserts is appropriate, and with which the Company, in the main, is satisfied, consists of machinists, machinists' helpers, and apprentices. We shall consider the specific groups sought by the parties to be included and excluded from the unit. The Service' Manager of the Bethlehem O,fce: The Union seeks to exclude the service manager of the Bethlehem office, contending that he is a supervisory employee. The Company desires his inclu- sion. The service manager of the Bethlehem office supervises some 3 The Trial Examiner 's statement shows that the Union has presented to him signed ap-' plication cards of 14 employees whose names were on the Company's pay roll - of December- 16, 1940, all of which were dated between November 15, 1940, and December 22, 1940. The statement also shows that 4 other employees , whose names appear on the same pay roll,' were listed as paid-up members in the dues ledger record of the Union There are 60 employees in the Company 's 2 plants, 37 of whom are in the alleged appropriate unit. ALDEN MACLELLAN , INC. 765 six or eight employees and his recommendations as to hiring and discharging of these employees are accorded weight by the, Com- pany's executives . We shall exclude him from the unit. - . Used-Car Foremen : The Union 'contends that the two - used-car foremen are supervisory employees and should be excluded from the unit. The Company contends that these men spend much of their time doing regular mechanical work, as well as their supervisory duties, and that they should be included in ,the appropriate unit.- Because of their supervisory powers and their power to recommend hiring and discharging of employees, they are not eligible to mem- bership in the Union . We shall exclude them from the unit. Parts Department Employees : The Union contends that the parts department manager and Sasar Haake, another parts department employee, should be excluded from the unit because they are super- visory employees and do work of a clerical nature. The Company contends that these employees have no supervisory power, are hourly paid, and have much in common with the machinists . The two men handle parts in and out of bins and have certain disciplinary , powers. Neither is eligible for admission 'to the Union. We shall exclude them from the unit. We find that all hourly paid employees at' the Allentown , Pennsyl- vania, and Bethlehem, Pennsylvania , offices of , Alden MacLellan, Inc., excluding executives , sales, and clerical employees , the service superintendent, the service manager of the Bethlehem office; the used-car foremen , the parts department manager at Allentown, and Sasar Haake, an employee in the parts department, constitute a unit- appropriate for the purposes of collective bargaining , and 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. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees,of the Company can best be resolved by an election by secret ballot. We shall direct that the employees eligible to vote shall be those employees in the appropriate unit who were employed during the pay-roll' period immediately pre-_ ceding the date of the Direction -herein, subject to such limitations and additions as are set forth in'the Direction of Election. ' 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 Alden MacLellan, Inc., Allentown, Penn- 766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sylvania, within the meaning of Section 9• (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly paid employees at the Allentown, Pennsylvania, and Bethlehem, Pennsylvania, offices of Alden. MacLellan, Inc., ex- cluding executives, sales' and clerical employees, the service super- intendent, the service manager of the Bethlehem office, the used-car foremen, the parts department manager at Allentown, and Sasar Haake, an,employee in the parts department, constitute a unit ap- propriate 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 with Alden MacLellan, Inc.. Allentown, Pennsylvania, 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, ,under the direction and supervision of the Regional Director for the Fourth 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 hourly paid employees of Alden MacLellan, Inc., employed at the Allentown, Pennsylvania, and Bethlehem, Pennsylvania, offices, whose names appear on the Company's pay roll for the period immediately preceding the date of this Direction of Election, including any employees whd did not work during said pay-roll period because they were ill or on vaca- tion, or in the active military service or training of the United States, or temporarily laid off, but excluding executives, sales and clerical employees, the service superintendent at Allentown, the service manager of the Bethlehem office, the used-car foremen, the parts department manager, and Sasar Haake, an employee in the parts department, and employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by Local 1099, International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining.