California Association of Employers

National Labor Relations Board - Board DecisionsNov 13, 1953

107 N.L.R.B. 56 (N.L.R.B. 1953)

56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD WE WILL NOT discourage membership in Division 1483, Amalgamated Association of Street , Electric Railway and Motor Coach Employees of America , AFL, or in any other labor organization of our employees by means of discharge or by discrimination in any other fashion in regard to tenure of employmentor terms or conditions of employment. WE WILL NOT by means of discharge or interrogation or in any other manner inter- fere with, restrain , or coerce our employees in the exercise of the right to self-organi- zation, to form labor organizations , to join or assist the above -named Union or any other labor organization , to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection , or to refrain from any or all such activities , except to the extent that such right may be affected by a valid agreement requiring membership in a labor organization as a condition of employment as authorized by Section 8 (a) (3) of the Act. WE WILL offer to Oma B. McReynolds immediate and full reinstatement to her former or substantially equivalent position , without prejudice to her seniority or other rights and privileges previously enjoyed, and make her whole for any loss of earnings suffered as a result of the discrimination against her. NEW MEXICO TRANSPORTATION COMPANY, INC., Employer. Dated ................ By.............................................................................................. (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. PENINSULA AUTO DEALERS ASSOCIATION of the CALI- FORNIA ASSOCIATION OF EMPLOYERS and RETAIL CLERKS UNION, LOCAL 775, AFL, Petitioner . Case No. 20-RC-2271. November 13, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before M. C. Dempster, hearing officer. The hearing officer' s rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representation of the employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks to represent a unit of all auto- mobile and truck salesmen employed by some 50 employer- members of the Peninsula Auto Dealers Association of the California Association of Employers, hereinafter referred to as the Association. The Intervenor, Local 111, Automobile Drivers & Demonstrators Union, IBTCW & H. of America, 107 NLRB No. 22 PENINSULA AUTO DEALERS ASSOCIATION 57 AFL, argues that only single -employer units of these sales- men are appropriate for the purposes of collective bargaining and does not wish to be placed on the ballot if the Board finds a multiemployer unit to be appropriate. The Association agrees with the Petitioner ' s position concerning the appro- priateness of the unit. The Association is comprised of approximately 50 member- firms in and around the counties of San Mateo and Palo Alto, California . All member -firms are engaged in the sale of new and/or used automobiles and trucks. Prior to being accepted into membership of the Association each employer was required to sign a statement agreeing to abide by the Asso- ciation bylaws. The bylaws provide that the directors of the Association shall have the authority to conduct any and all negotiations and bargaining on behalf of its members with any labor organization representing any employees of the membership and that every member agrees to be bound by the terms of an agreement so negotiated . i Pursuant to this authority the Association , since its inception in 1949, has negotiated and signed successive collective -bargaining agree- ments on behalf of its members with Local 665, Garage and Service Station Employees Union, IBTCW & H, AFL and Lodge 1414 of the International Association of Machinists , covering substantially all employees other than salesmen. Because of Local 665' s limited geographical jurisdiction, which does not extend into the Palo Alto area, the Association permitted its employer -members of the Palo Alto area, as a group, to bargain separately with Local 576 of the Teamsters Union. This Palo Alto group has had successive contracts with Local 576 since 1949, covering all lubricators, car washers and polishers , and "miscellaneous men." The Association's agreements with Local 665 have covered substantially the same types of employees of its members located without the Palo Alto region. The Association ' s agreements with Lodge 1414 of the Ma- chinists Union, covering machinist employees, have been nego- tiated on behalf of all employer members , including those located in the Palo Alto area. At the time of the hearing in the case , the Association and the Palto Alto group were continuing the pattern of collective bargaining that is described above . It appears from the record that there is no history of collective bargaining with respect to any of the salesmen currently sought for representation. As indicated above , the Intervenor contends that only single- employer units of these salesmen are appropriate . The Board iPrior to its affiliation with the California Association of Employers on April 1,1953, the Association was known as the Peninsula Auto Dealers Association. Uncontroverted testimony reveals that this affiliation was effectuated for the sole purpose of acquiring professional services in collective bargaining and that the newly formed organization possesses the same authority to bind the members as did the original association 5 8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD has held in several recent cases,2 modifying its earlier principles with regard to multiplant and multiemployer bar- gaining units , 3 that a history of collective bargaining on a multiemployer or multiplant basis for other employees does not preclude the establishment of a single unit of a different category of unrepresented employees . The Board ' s modified rule is based , in part , on the difficulty of organizing multiplant groups of employees , dispersed over wide geographical areas, and separately supervised . In each of those cases , however, the only union seeking to represent the employees involved sought to represent them on a single -plant or employer basis. In the instant case the Petitioner is ready and willing to represent the salesmen on the same basis accorded other employees of these employers . It has made an adequate show- ing of interest in this larger group . The Employers involved have indicated their willingness to bargain for the salesmen, as they have for other employees , on the basis of an Associa- tionwide unit . It is clear from the record that collective bargaining on this basis has been successful with regard to substantially all employees other than those requested herein. In view of the foregoing , we find that all automobile and truck salesmen of the employer -members 4 of the Peninsula Auto Dealers Association of the California Association of Em- ployers, excluding all other employees, guards, watchmen, and all supervisors s as defined in the Act, constitute a unit appropriate for the purposes of bargaining within the meaning of Section 9 (b) of the Act. [Text of Direction of Election omitted from publication.1 =Joseph E Seagram & Sons, 101 NLRB 101; Lownsbury Chevrolet Company, 101 NLRB 1752. 3Joseph E Seagram & Sons , 83 NLRB 167 4See Appendix A, attached hereto. 5 For list of supervisors , as stipulated by the parties , see Appendix B, attached hereto APPENDIX A Anzalone Motor Co. 650 El Camino Real, San Bruno 714 Kain St., San Bruno Bradley & Daland 500 El Camino Real, San Bruno San Mateo Arata Motor Sales 99 Linden Ave., So. San Francisco El Camino Real, San Bruno G. A. Baer 705 Alma St ., Palo Alto Beare Motors ( Silva's) 110 Linden Ave., So. San Francisco Bray Motor 543 El Camino Real, Redwood City Stan Burberick 1800 El Camino Real, San Carlos Burlingame Motor Co. 200 California Dr., Burlingame PENINSULA AUTO DEALERS ASSOCIATION 59 British Motor Cars 1321 Howard Ave., Burlingame Cardinal Motors 623 Alma St., Palo Alto 2524 El Camino Real, Redwood City Clay Fisher Motors 750 El Camino Real, San Bruno J. E. French Co. 327 Lorton Ave., Burlingame Gaskill Motors 2101 El Camino Real, Redwood City Walter W. Carr 780 High St., Palo Alto El Camino Real, Palo Alto Tom Chapman 655 El Camino Real, San Bruno Clarkson Motors 1701 El Camino Real, Redwood City Count of El Camino 4218 El Camino Real, Palo Alto Creswood Corporation 663 Alma St., Palo Alto C & M Motors 1612 El Camino Real, Redwood City Daniel Motor Sales 720 San Mateo Dr., San Mateo Daniel's Used Cars 2950 El Camino Real, San Mateo Paul Diebert Motors 346 El Camino Real, Redwood City Davies Auto Co. 1101 El Camino Real, Redwood City James Donahue 6832 Mission St., Daly City El Camino Motors 1335 El Camino Real, Menlo Park Gateway Chevrolet Daly City Carl L. Haas 7070 Mission Str., Daly City Hagen & Bell 217 Alma St., Palo Alto 980 El Camino Real, Palo Alto 1100 El Camino Real, San Carlos Don Hampton 2400 El Camino Real, Palo Alto 511 Alma St., Palo Alto Hoyt Pontiac 1039 El Camino Real, Redwood City Impeatrice Bros. 7031 Mission St ., Daly City Leo. A. Jacopi 698 El Camino Real So. San Francisco Kingdom Motors, Ltd. 1321 Howard Ave., Burlingame Kresteller Motors 4th Ave., & Railroad, San Mateo Lampert Motors 833 El Camino Real, San Carlos Fred Lautze 315 Bayshore Blvd. 6 0 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Bob Leech 1450 El Camino Real, Redwood City Lutz Ford Sales 160 Forest , Palo Alto MacBride Motors 123 California Dr., Burlingame McAlister Burlingame Co. 50 California Dr., Burlingame Pike Griffin Packard Co. California Dr., Burlingame El Camino Real , San Bruno 815 San Mateo Drive, San Mateo Rector Motors 1021 Burlingame Ave., Burlingame Ken Rhodes 1044 El Camino Real, Menlo Park R. W. McCullock 1661 Broadway, Redwood City Menlo Motors 2500 El Camino Real, Menlo Park Metcalf Mayer 2 California Dr., Burlingame 837 San Mateo Dr., San Mateo Tom Milam 525 Alma St., Palo Alto Ferris Miles, Inc. 1101 Main St., Redwood City 801 El Camino Real, San Carolos Minto Motor Co. 101 California Dr., Burlingame Motor City 770 El Camino Real, San Bruno Neville Motors 7360 Mission St., Daly City George S. Paddleford 774 Emerson St., Palo Alto Peninsula Chevrolet Co. Forest & High St., Palo Alto Peninsula Motors, Inc. San Mateo Dr., Burlingame Redwood Nash Motors, Inc. 1026 El Camino Real, Redwood City Rudd Buick 265 Lorton, Burlingame Ryan & Harper, Inc. 570 El Camino Real, Redwood City Sidlow Motors 398 El Camino Real, San Bruno Simpson Motors 440 Emerson St., Palo Alto Smallcomb Motors Co. 100 California Dr., Burlingame Smallcomb's of San Bruno 601 El Camino Real, San Bruno Southgate Motors 809 Alma St., Palo Alto Sterling Motors 1610 Broadway, Redwood City Strassberger Motors, Inc. 444 El Camino Real, Menlo Park Wm. J. Sweeney & Sons 6806 Mission St., Daly City PENINSULA AUTO DEALERS ASSOCIATION Swenson Sales & Service 1600 El Camino Real, Redwood City Timossi Motors 6888 Mission St., Daly City Top 4 Nash, Inc. 900 High St ., Palo Alto APPENDIX B 61 Towne Motor Co. Middlefield & Theatre Redwood City Turner Motors 643 El Camino Real, San Bruno Mario Volonte 616 Linden Ave., S. San Francisco List of Sales Personnel in Supervisory Capacity Redwood City Area Towne Manufacturing Co. George Wells --------- Stan Burberick Payton Philly W. L. Walsh, Jr. Bray Motors Phil Olander Walter Garber Clarkson Motors R. C. Riggs -- -------- Dibert Motors John Edwards Chas. Salvadore Ferris Miles JackKrimmer -------- Rodney L a t t a - - - - - - - - - L a m b e r t Borghini- - - - - - Used Car Manager Sales Manager General Manager of new pas- senger & used vehicles Used Car Manager Truck Sales Manager & Gen- eral Leasing Manager Hagen & Bell James Cochran ------- Henery Keith --------- Kaye Benjamin-------- Hoyt Motors John Stegeman -------- Bob Varner ---------- Redwood Motors Frank Morrison Sterling Motors Fred Vieth General Manager New Car Manager Used Car Manger Used Car New Car Daly City Gateway Chevrolet Leo Camp - - - - - - - - - - - New Car Sales Manager Al Stack - - - - - - - - - - - - Used Car Sales Manager 337593 0 - 55 - 6 62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Carl Hass Don Middleton -------- Joe Badger ---------- Timossi Motors John Palazzart-------- San Bruno Anzalone Motor Co. Al Reynolds ---------- Bradley & Daland Wm. Means ---------- Nash San Bruno Alan Bybee ---------- Clay-Fisher Motors John Narny ---------- Smallcomb's San Bruno Wm. Amick ---------- Sidlow Motors Marvin Yerter -------- Turner Motors Anthony Manuel ------- South San Francisco Beare -Silvas Motors Sam Warren --------- Burlingame - San Mateo Area Smallcomb Motor Co. E. H. Gregory -------- J. J. Valentine -------- Burlingame Motor Co. Bob Wilkins ---------- J. E. French Co. Dan Cobb ----------- Metcalfe-Mayer Stanley Stebenne - - - - - - - Minto Motors Bill Newsham -------- Rudd Buick Co. C. E. Monohan -------- Bill Mahan --- ------- Nash Burlingame Fred Hudkins --------- A. P. Hudkins -------- Hanna Burlingame Co. Howard Menge -------- Rector Motor Co. Bud Livingston - - - - - - - - General Manager of Company Used Car Sales Manager General Manager Used Car Manager General Sales Manager Sales Manager Sales Manager Used Car Manager General Sales Manger Sales Manager Sales Manager of both new and used cars New Car Manager Used Car Manager New & Used Car Manager Used Car Manager Used Car Manager Used Car Manager General Sales Manager Used Car Manager Owner & General Sales Man- ager Used Car Manager Used Car Manager Used Car Manager All these men have the power to make complete deals and can bind management without consulting them. PENINSULA AUTO DEALERS ASSOCIATION Palo Alto Cardinal Motors Larry Smythe -------- Hagen & Bell Edw. Miller ---------- JohnKillmer --------- Wilbur Warren-------- Robert Willems ------- Don Hampton Russell Berry -------- John Sipos ----------- Fred Hunt ----------- Southgate Motors Paul Latham --------- J. Gould ------------ Lutz Ford Sales Carl Peterson - - - - - - - - Owen Tendick -------- Dan Gould ----------- Palo Alto Nash Charles Lee --------- Tom Milon Gene Deray ---------- Geo. Paddleford Gilbert R. Wilson ------ Carl Lansing --------- Penn . Chevrolet Co. Edw. Everett --------- Joe Balestra --------- Simpson Motors Wm. Smart ---------- Don MacGregor ------- Fred Santaro -------- Crown Motors Ray Teddy ----------- BudHaworth --------- Used Car Manager 63 Mercury Sales Manager Lincoln Sales Manager Used Car Manager Assistant Used Car Manager (Has same authority as War- ren when he is absent). New Car Sales Manager Used Car Manager Truck Sales Manager Used Car Manager New Car Manager Used Car Manager Truck Sales Manager Assistant Used Car Manager (Same duties as Peterson on used car lot . Has 5 salesmen under him). Sales Manager General Sales Manager New Car Sales Manager Used Car Manager General Manager and New Car Sales Manager Used Car Manager General Sales Mgr. New Car Mgr. Used Car Manager General Sales Manager Used Car Manager