Dick Bullis Chevrolet

National Labor Relations Board - Board Decisions

May 23, 1969

176 N.L.R.B. 158 (N.L.R.B. 1969)

158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Dick Bullis, Inc. d /b/a Dick Bullis Chevrolet and
International Association of Machinists and
Aerospace Workers, AFL-CIO, Local Lodge No.
1414, Petitioner
Dick Bullis, Inc. d/b/a Dick Bullis Chevrolet,
Petitioner and International Association of
Machinists and Aerospace Workers , AFL-CIO,
Local Lodge No. 1414 and Garage and Service
Station Employees Union Local 655, International
Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, Party to
Contract. Cases 20-RC-8509 and 20-UC-21
May 23, 1969
DECISION, ORDER GRANTING
PETITION TO CLARIFY BARGAINING
UNIT, AND DIRECTION OF ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND JENKINS
Upon petitions duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing was held before Francis W. Hoeber,
Hearing Officer. Thereafter, 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 20, this case was
transferred to the National Labor Relations Board
for decision. A brief has been timely filed by the
Employer.'
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a
three-member panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They 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
policies of the Act to assert jurisdiction herein.
2. The labor organizations involved claim to
represent certain employees of the Employer.
3. A question affecting commerce exists
concerning the representation of employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that the
following employees constitute a unit appropriate
for the purposes of collective bargaining within the
meaning of Section 0(b) of the Act:
'Garage and Service Station Employees Union , Local 665 , International
Brotherhood of Teamsters , Chauffeurs , Warehousemen & Helpers of
America, was permitted to intervene on the basis of its contractual interest.
All service writers, service advisors, road testers
and towermen employed by the Employer at its
Burlingame, California location, excluding all other
employees covered by collective-bargaining
agreements, guards, and supervisors as defined in
the Act.
The Teamsters does not seek to participate in the
election sought by the Machinists by the petition
filed in Case 20-RC-8509, but both the Teamsters
and the Employer do contend that an employee
known as the "get ready man," who inspects new
cars arriving at the Employer's establishment for
any damage received in transit and for completeness
of equipment, and who otherwise assists in
preparing the new cars for delivery, should be
represented by it, by virtue of a collective-bargaining
agreement which it currently has with the Employer.
That contract covers classifications such as
lubricators, car washers, tire service and utility men.
The latter term designates "employees engaged in
unskilled labor in service departments of garages
and shops." The Machinists, on the other hand,
argues that the "get ready man" should properly be
included in the unit of service writers and others
which, by its petition, it seeks to represent. We find
merit in the contention of the Employer and the
Teamsters and shall grant the Employer's petition to
clarify the Teamsters' collective-bargaining unit by
including therein the "get ready man" classification.
Russell , the only individual currently employed in
this capacity, principally performs functions, set out
above, which are routine in character and require no
exercise of independent judgment or skill. In
addition, in his spare time, Russell performs the
duties of a "car jockey," a job stipulated by the
parties to be within the Teamsters' unit, and, as
well, changes tires and batteries and performs
errands for the service department. He has no
contact with customers and performs none of the
duties and exercises none of the skills of service
writers, who accept cars from customers for repair,
diagnose the mechanical and body problems, and
cause the necessary repairs to be made. In
accordance with the conclusion that Russell properly
belongs in the Teamsters' unit, he is ineligible to
vote in the election directed below.
ORDER
It is hereby ordered that the existing contractual
collective-bargaining unit represented by Garage and
Service Station - Employees Union, Local 665,
affiliated with the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers
of America, be, and it hereby is, clarified by
specifically including therein employees performing
the duties of "get ready man" at the Employer's
Burlingame, California, location.
176 NLRB No. 21
DICK BULLIS CHEVROLET 159
[Direction of Election 2 omitted from publication.]
'In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them . Excelsior
Underwear Inc., 156 NLRB 1236; N. L.R.B. v . Wyman-Gordon
Company . 394 U . S. 759 , decided April 23, 1969 . Accordingly , it is hereby
directed that an election eligibility list, containing the names and addresses
of all the eligible voters , must be filed by the Employer with the Regional
Director for Region 20 within 7 days of the date of this Decision and
Direction of Election The Regional Director shall make the list available
to all parties to the election. No extension of time to file this list shall be
granted by the Regional Director except in extraordinary circumstances.
Failure to comply with this requirement shall be grounds for setting aside
the election whenever proper objections are filed.