Community Motors

National Labor Relations Board - Board Decisions

Jan 16, 1970

180 N.L.R.B. 798 (N.L.R.B. 1970)

798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Margaret L. Creque d/b/a Community Motors employees of the employer in the following unit:
and Virgin Islands Labor Union AFL-CIO, All mechanics, mechanic helpers, bookkeepers,
SIU. Case 24-RM-150 car washers, parts salesman, yardman, except
January 16, 1970
DECISION AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING, BROWN, AND JENKINS
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Victor Comolli, Hearing
Officer. Following the hearing and pursuant to
Section 102.67 of the National Labor Relations
Board Rules and Regulations and Statements of
Procedure, Series 8, as amended, and by direction of
the Regional Director for Region 24, this case was
transferred to the National Labor Relations Board
for decision. A brief has been filed by the
Employer-Petitioner.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that no
prejudicial error was committed. The rulings 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 and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organization involved claims to
represent the employees of the Employer.
3. No question affecting commerce exists
concerning the representation of employees of the
Employer within the meaning of Sections 9(c)(I)
and 2(6) and (7) of the Act, for the following
reasons:
The Employer-Petitioner seeks a unit of "all
mechanics, mechanic helpers , mechanic apprentices,
car washers and stock clerks employed at the
Employer ' s establishment at Veterans Drive,
Charlotte Amalie, St. Thomas, Virgin Islands,
excluding office clerical employees , secretaries, car
sales supervisors , parts department supervisors,
service department supervisors , and guards and
supervisors as defined in the Act."' The Union
contends that this proceeding is improper as it has
already been certified by the Virgin Islands
Department of Labor as the representative of these
employees of the employer.
The Employer is engaged in the retail sale of
automobiles and spare parts, and in the servicing of
automobiles in St. Thomas, Virgin Islands. On July
24, 1968, the Union filed a petition with the
Government of the Virgin Islands of the United
States, Department of Agriculture and Labor,
requesting to be certified as representative of the
The Employer ' s motion to amend the petition was granted at the
hearing.
bona-fide supervisors with authority to hire and
fire.
There are 10 employees in that unit.
On July 26, 1968, the Deputy Commissioner of
the Department of Labor (V.I.) sent a "Notice of
Conference" to the parties stating that a question of
representation existed and a conference would be
held on August 2, 1968. Conferences were held
before the Commissioner on August 2, and
September 11, 1968, all parties being represented.
At the meeting of September 11, the Commissioner
checked the Union authorization cards submitted
with the petition against the names of the employees
provided by the Employer, and found that the
Union had a majority of interest of more than 60
percent of the employees and stated that on that
basis he would certify the Union, denying the
Employer's request for an election. The Union had
submitted a card for each employee of the
Employer. The authority of the Commissioner to
certify a union solely on the basis of a card check,
rests in Virgin Islands Code, Title 24, Section 67.1
The Certification issued by the Commissioner on
September 11, 1968, grants the unit requested by the
Union.
On November 21, 1968, the Union submitted its
proposals to the Employer by letter. The Union
received no reply to its letter, and made several
telephone calls in an effort to set a date for a
meeting . The Employer contacted NLRB Region 24
by letter of December 6, 1968, stating that the
Union had notified it of its certification, and
requested information as to whether or not the
NLRB had jurisdiction. In the event the NLRB did
have jurisdiction, the Employer requested a
Board-conducted election among its employees. On
December 10, 1968, the Regional Director for
Region 24 sent various forms, including a petition
form, to the Employer which were completed and
returned on December 16, 1968.
'Selection of Representatives- elections
(a) Whenever a question arises concerning the representation of
employees , the Commissioner may investigate such controversy and certify
to the parties in writing , the name or names of the representatives that
have been designated or selected . In any such investigation, the
Commissioner shall provide for an appropriate hearing upon due notice,
and may take a secret ballot of employees or utilize any other suitable
method to ascertain such representatives . Membership cards or statements
sworn to before a notary public by not less than 60 percent of the
employees in an appropriate unit shall be accepted as valid proof of the
designation by a majority of the employees of such representative.
(b) The Commissioner shall have the power to determine who may
participate in the election, when ordered, and to establish the rules
governing such election . No election need be directed by the Commissioner
solely because of the request of an employer or of employees prompted
thereto by their employer, nor shall any individual employed for the
duration of a strike or lockout be eligible to vote in such election , nor shall
such election be conducted on the employer's property during working
hours or with his participation , assistance or supervision
180 NLRB No. 119
COMMUNITY MOTORS
After the Union threatened to take some action
unless a meeting was held to discuss the proposals it
had submitted, the Employer, represented by
counsel, met with the Union on the evening of
December 16, 1968. During the 2-hour meeting that
ensued, the Employer did not mention that it had
filed a petition with the NLRB, but discussed the
Union's proposals and compared them with the
benefits it was then offering to its employees.
The Employer's petition was received by the
Region on December 17, 1968 ; the Region in turn
notified the Union of the petition on December 21
or 22, 1968. No further meetings were held between
the parties after the petition was filed. Thereafter,
the Union attempted to hold a meeting with the
employees of the Employer, but was unsuccessful.
It is clear that the Union herein was duly certified
according to the Law of the Virgin Islands. At no
time did the Employer question the majority status
of the Union or the validity of the cards. There is
799
no claim that the cards were improperly solicited.
The Employer did not notify the Union that it did
not consider itself bound by the Virgin Islands
certification. It appears that the Employer engaged
in numerous delaying tactics from the date of
certification until the date of the meeting, December
16, 1968, the same date the instant petition was
mailed. The Employer did not advise the Union that
it was about to file, or in fact had filed the RM
petition when it met and engaged in discussion of
contract terms.' In these circumstances, we find that
no question concerning representation exists, and
shall dismiss the petition.
ORDER
It is hereby ordered that the petition filed in Case
24-RM-150 be, and it hereby is, dismissed.
'See Keller Plastics Eastern , 157 NLRB 583.