Glidden Buick Corp.

National Labor Relations Board - Board Decisions

May 31, 1941

32 N.L.R.B. 226 (N.L.R.B. 1941)

In the Matter of GLIDDEN BumcK CORPORATION and UNITED ArTo-
MOBILE WORKERS OF AMERICA, LOCAL 259, C. I. O.
Case No. R-2473.-Decided May 31, 1941
Jurisdiction : automobile selling industry.
Investigation and Certification of Representatives : existence of questions: stipu-
lated; elections necessary.
Employees on pay roll immediately preceding the date of a strike which
was still current at time of hearing, held eligible to vote in absence of
evidence that new employees hired since start of strike.
Units Appropriate for Collective Bargaining : employees in stated categories of
employment at two of the four garages of the Company held to constitute
separate appropriate units in view of the union's present extent of organiza-
tion and absence of claim of any other organization for a broader unit.
Putney, Twombley di Hall, by Mr.,Lemuel Skidmore and Mr. Louis
H. Hall, Jr., of New York City, for the Company.
Mr. Alexander E. Racolin, of New York City, for the U. A. W.
Mary 31. Persinger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On October 26, 1940, United Automobile Workers of America,
Local 259, C. I. 0., herein called the U. A. W., filed with the Regional
Director for the Second Region (New York City) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Glidden Buick Corporation, New
York City, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On March 22, 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 investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
32 N. L. R. B., No 46.
226
GLIDDEN BUICK CORPORATION 227
On March 28 , 1941 , the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the U. A. W. - Pursuant to notice, a hearing was held on April 10,
12, and 14, 1941, at New York City, before Christopher W. Hoey,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company and the U. A. W. appeared and were represented
by counsel ; both participated 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 objections to the admission of evidence . The Board
has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
On April 18 , 1941, the Company requested permission to argue
orally before the Board and to submit a brief. On April 21, 1941, the
Board denied the Company 's request for oral argument , but granted
to all parties leave to file briefs . Pursuant to such leave , the Com-
pany, on April 30, 1941 , filed a brief which the Board has considered.
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Glidden Buick Corporation is a New York corporation with offices
and places of business in New York City. It is a dealer in new
Buick automobiles , and in connection with its sales of new cars it
sells used cars and services the public 's cars. The Company is en-
gaged also in preparing new and used cars for delivery and in selling
gasoline, oil, grease, and automobile accessories and parts. The Com-
pany has four places of business , consisting of showrooms and
garages in New York City, where it conducts the afore-mentioned
activities . These places of business are located on 131st Street, 55th
Street, 56th Street, and 64th Street.
The Company purchases new cars from 'the Buick Motor Division
of General Motors Sales Corporation . Some of the cars are shipped
to the Company in New York City from Flint, Michigan, while
others are shipped to it from the Linden, New Jersey, plant of
Buick Motor Division.
In 1940 the purchases of the Company, consisting of new cars,
used cars, parts , accessories, gas, oil; grease , and supplies , amounted
to $6,333,820 . 57; $3,748,260 .81 worth of these purchases were shipped
to the Company from outside the State of New York. The • Com-
pany's total sales for 1940 amounted to $7,678,703.04, and $1,210 ,073.35
of this amount represents sales made to purchasers with out-of-State
addresses.
448692-42-vol 32--16
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
11. THE ORGANIZATION INVOLVED
United Automobile Workers of America, Local 259, C. I. O., is a
labor organization, affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
At the hearing all parties stipulated and-we find that on October
9, 1940, the IT. A. W. informed the Company that it represented a
majority of the Company's employees at its 131st Street garage,
and asked the Company to bargain with it. The Company replied
that it was unable to agree either that the U. A. W. represented a
majority of its employees, or that the employees at the 131st Street
garage constituted an appropriate bargaining unit.' Also, it was
stipulated by the parties and we find that on April 1, 1941, a strike
was called by the U. A. W. at the Company's 131st Street and 55th
Street places of business, and that, at the time of the hearing, the
strike was stilt in progress and all four of the Company's garages
were being picketed.
It appears from a statement made by the Trial Examiner at the
hearing that the U. A. W. represents a substantial number of the
Company's employees in each of the units hereinafter found to be
appropriate'
We find that questions have arisen concerning the representation
of employees of the Company.
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 com-
merce and the free flow of commerce.
' At the hearing the U. A. W. moved to amend its petition to include an allegation that
it also represents a majority of the Company 's employees at its 55th Street garage, and
that the employees at that garage constitute a separate appropriate bargaining unit. The
motion was granted by the Trial Examiner over the objection of the Company . The ruling
of the Trial Examiner is hereby affirmed.
2 The Trial Examiner stated that the U. A. W. submitted for his examination 40 mem-
bership application cards bearing apparently genuine , signatures of persons whose names
appear on a 131st Street pay roll of the Company for March 31, 1941 ; and that the cards
were dated as follows : 1 in July 1940, 4 in September 1940, 2 in October 1940, 1 In
February 1941, 30 in March 1941, and 1 in April 1941. There are 88 employees in the
alleged appropriate unit at 131st Street.
The Trial Examiner stated that the U. A. W. submitted to him six membership applica-
tion cards , all dated in March 1941, and all bearing apparently genuine signatures of
persons whose names appear on the Company's 55th Street pay roll for March 31, 1941.
There are 10 employees in the alleged appropriate unit at 55th Street.
GLIDDEN BUICK- CORPORATION
V. THE APPROPRIATE UNITS
229
The U. A. W. contends that the 131st Street and the 55th Street
garages of the Company, respectively, constitute separate appropriate
units for the purposes of collective bargaining. The Company claims
that its four places of business together constitute a single approprial e
unit.
In support of its claim the Company introduced evidence to
show that there is no great distinction in pay, type of work, or
hours of employment among its garages and that the work in all
four is rather closely integrated. While under other circumstances,
one unit composed of the employees at all.four places of business
might well be appropriate for the purposes of collective bargaining,
the extent to which union organization has proceeded among the
employees precludes such a finding, since to make such a finding
would be to deny to the employees at the 131st and 55th Street.
garages of the Company the right to bargain collectively merely
because a union, in: so far as the record shows, has not as yet secured
authorizations from employees at other locations of the Company
authorizing it to act as their representative.
Although one unit composed of the employees of the 55th and
131st Street garages might reasonably be considered appropriate
for the purposes of collective bargaining, no labor organization has
made any contention therefor. Under the circumstances, we see no
reason for not finding appropriate units which coincide with the
claim of the U. A. W.
131st Street
The U. A. W. contends that the unit at 131st Street should com-
prise the following : all lubricators, polishers, washers, porters, shop
clerks, metal men, drivers, including those who work at the
warehouse, all mechanics, the trimmers, the brake mechanic, elec-
iricians,'including the electric tune-up man and a radio man, lesson
man, floor man, freight elevator operator, car shifter, and tool-room
clerk, but excluding the service salesmen, fireman and maintenance
man, the information clerk,3 the service manager, all office help in
the service department, the cashier, clerks in the service record office,
salesmen, corporate officers, clerical employees, appraiser, new and
used car and service testers, employees in the parts department and
their foreman. and painters and their foreman. The Company does
not object to this unit except to contend that the unit at 131st Street
should include, in addition to those employees claimed by the U. A. W.,
the painters, excluding their foreman, the testers, the service sales-
Also described as "the desk clot k in the service department"
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men, the partsmen, excluding their foreman, and the information
clerk. We shall consider the groups about whom there is dispute
seriatim.
Painters. The U. A. W. wishes to exclude the painters from the
unit because they have not sought representation through the U. A. W.
and because they do no mechanical work. The Company contends
that although painters have no mechanical skill, neither have the
polishers, washers, porters, shop clerks, and others whom the U. A. W.
desires to include in the unit. Painters are paid on piece-work
basis, as are the mechanics, lubricators, and others. The painters are
not physically separated in their work from the rest of the employees.
The painters are eligible for membership in the U. A. W., and a
U. A. W. representative admitted at the hearing that he knew of no
instance where painters had been excluded from the unit in bargaining
contracts which the U. A. W. has with other automobile dealers in
New York City. We shall include the painters in the unit, excluding,
of course, their foreman.
Testers. The U. A. W. wishes to exclude testers from the unit,
claiming that they have supervisory powers over the mechanics and
because "they didn't ask us to negotiate for them." Testers inspect
the work of the mechanics, and direct their work to a limited extent.
There are also minor operations on the cars for which testers alone
are responsible and which they alone perform. Testers are salaried,
as are car washers, porters, and tool-room and shop clerks, all of
whom the U. A. W. desires to include in the unit. While the testers
are not members of the U. A. W., they appear to be eligible for
membership therein. Despite their minor supervisory duties the
U. A. W. has bargained for testers and included them in its contracts
with other automobile dealers. We shall include the testers in the
appropriate unit.
Parts men. The U. A. W. claims that parts men should be excluded
from the unit because their work requires a greater knowledge of
Buick parts than the average employee has and because they work
inside a cage to which other employees are denied admittance. It
appears, however, that the tool-room clerk, whom the U. A. W.
desires to include in the unit, also works in a cage. Parts men appear
to be eligible for membership in the U. A. W., although none of
them has joined it. The U. A. W. has bargained for them in other
garages in New York City. We shall also include the parts men in
the unit, excluding, of course, their foreman.
Service salesmen. The U. A. W. desires to exclude service sales-
men from the unit because they have contact with the public and
because they are highly skilled and experienced mechanics. Service
salesmen go over prospective repair work with customers. They also
GLIDDEN BUICK CORPORATION 231
sell accesssories, for which they receive a commission in addition to
their salaries. Hence, it appears that, their duties are similar to
those of other salesmen, whom the parties have agreed to exclude.
We shall exclude the service salesmen from the appropriate unit.
The information clerk. The U. A. W. contends that the informa-
tion clerk is a clerical employee who does no mechanical work and
should therefore be excluded from the unit. The information clerk
works at a desk in the basement of the garage, keeping records of
the location of cars brought in for repairs and assigning service
salesmen to customers. While it is true, as the Company contends,
that the information clerk is in close physical proximity to the
mechanical activities being carried on by the Company, we agree
with the U. A. W. that his work is essentially clerical in nature.
Since the parties have agreed to exclude other clerical employees, we
shall also exclude the information clerk from the unit.
We find that all lubricators, polishers, washers, porters, shop
clerks, metal men, drivers, including those who work at the ware-
house, all mechanics, the trimmers, the brake mechanic, electricians,
including the electric tune-up man and a radio man, lesson man, floor
man, freight elevator operator, car shifter, tool-room clerk, the
painters, new and used car and service testers, and the parts men,
employed by the Company at its 131st Street place of business,
excluding the painters' foreman, the parts foreman, the service sales-
men, the fireman and maintenance man, the information clerk, the
service manager, all office help in the service department, the cashier,
clerks in the service record office, salesmen, corporate officers, clerical
employees, and the appraiser, constitute a unit appropriate for the
purposes of collective bargaining and that said 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.
55th Street
The U. A. W. claims that all porters, the car washer, car delivery
man, freight elevator operator, lesson man, and door man employed
at the 55th Street place of business of,the company, excluding all
office employees, all corporate officers, all salesmen, the night clean-
ing woman, the foreman, the fireman, the appraisers, and the night
watchman, constitute a unit appropriate for the purposes of col-
lective bargaining. The Company does not object to such a unit.
So far as appears, no mechanics are employed at the 55th Street
garage. We find that all porters, the car washer, car delivery man,
freight elevator operator, lesson man, and door man, employed by
the Company at its .55th Street place of business, excluding all
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office employees, all corporate officers, all salesmen, the night clean-
ing woman, the foreman, the fireman, the appraisers, and the night
watchman, constitute a unit appropriate for the purposes of col-
lective bargaining and that said 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 questions concerning representation which have
arisen can best be resolved by elections by secret ballot. The
U. A. W. contends that eligibility to participate therein should be
determined as of March 31, 1941, that being the last pay-roll date
preceding the strike by the U. A. W. on April 1, 1941. The Com-
pany desires that its current pay roll be used to determine elegibility
to vote. As stated above, the strike was still current at the time of
the hearing. The record does not indicate that any new employees
have been hired since March 31. We shall direct that all employees
in the respective appropriate units who were employed by the Com-
pany during the pay-roll period ending March 31, 1941, subject to
such limitations and additions as are set forth in our Direction of
Elections, shall be eligible to vote.
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation,of employees of Glidden Buick Corporation, New York
City, at its 131st Street and 55th Street places of business, respec-
tively, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All lubricators, polishers, washers, porters, shop clerks, metal
men, drivers, including those who work at the warehouse, all mechan-
ics, the trimmers, the brake mechanic, electricians, including the electric
tune-up man and a radio man, lesson man, floor man, freight eleva-
tor operator, car shifter, tool-room clerk, the painters, new and used
car and service testers, and the parts men, employed by the Com-
pany at its 131st Street place of business, excluding the painters'
foreman, the parts foreman, the service salesmen, the fireman and
maintenance man, the information clerk, the service manager, all
office help in the service department, the cashier, clerks in the service
record office, salesmen, corporate officers, clerical employees, and
the appraiser, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
3: All porters, the car washer, car delivery man, freight elevator
operator, lesson man, and door man, employed by the Company at
GLIDDEN BUICK CORPORATION 233
its 55th Street place of business, excluding all office employees, all
corporate officers, all salesmen, the night cleaning woman, the fore-
man, the fireman, the appraisers, and the night watchman, constitute a
unit appropriate for the purposes of collective bargaining within
the meaning 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 the purposes of collective bar-
gaining with Glidden Buick Corporation, New York City, separate
elections 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 Sec-
ond 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 :
(1) Among all lubricators, polishers, washers, porters, shop clerks,
metal men, drivers, including those who work at the warehouse,
all mechanics, the trimmers, the brake mechanic, electricians, includ-
ing the electric tune-up man and a radio man, lesson man, floor man,
freight elevator operator, car shifter, tool-room clerk, the painters,
new and used car and service testers, and the parts men, employed by
Glidden Buick Corporation at its 131st Street place of business,
who were employed by the Company during the pay-roll period
ending March 31, 1941, including employees who did not work
during such 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 the painters' foreman, the parts
foreman, the service salesmen, the fireman and maintenance man,
the information clerk, the service manager, all office help in the
service department, the cashier, clerks in the service record office,
salesmen, corporate officers, clerical employees, the appraiser, and
those who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by United Auto-
mobile Workers of America, Local 259, C. I. 0., for the purposes of
collective bargaining;
(2) Among all porters, the car washer, car delivery man, freight
elevator operator, lesson man, and door man, employed by Glidden
Buick Corporation at its 55th Street place of business, who were
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employed by the Company during the pay-roll period ending March
31, 1941, including employees who did not work during such 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 all office employees , all corporate officers, all sales-
men, the night cleaning woman , the foreman , the fireman, the
appraisers , the night watchman, and those who have since quit or
been discharged for cause , to determine whether or not they desire
to be represented by,United Automobile Workers of America, Local
259, C. I . 0., for the purposes of collective bargaining.