Radcliff Motor Company

National Labor Relations Board - Board Decisions

Dec 16, 1938

10 N.L.R.B. 684 (N.L.R.B. 1938)

In the Matter of RADCLIFF MOTOR COMPANY and UNITED AUTOMOBILE
WORKERS OF AMERICA LOCAL No. 447, AFFILIATED WITH COMMITTEE
FOR INDUSTRIAL ORGANIZATION
Case No. C-1025.-Decided December 16, 1938
Wholesale and Retail Distribution of Automobiles-Settlement : stipulation
providing for back pay and reinstatement to 15 named employees and for an
-order directing the respondent to bargain with the Union as the exclusive bar-
gaining agency for all of the employees at its place of business , excluding ex-
-ecutives , supervisory officials , office employees , salesmen , and night watch-
-men-Order : entered on stipulation.
Mr. Paul F. Broderick and Mr. Henry H. Foster, Jr., for the
Board.
Sprinkle cC Knowles, by Mr. Paul C. Sprinkle, of Kansas City, Mo.,
and Mr. A. T. Sharp, of Kansas City, Mo., for the 'respondent.
Mr. H. H. Miller -and Mr. Jack Swift, both of Kansas City, Mo.,
for the Union.
Mr. S. G. Lippman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TIIE CASE
On charges and amended charges duly filed by United Automobile
Workers of America, Local No. 447, affiliated with Committee for
Industrial Organization, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Seventeenth Region (Kansas City, Missouri), issued its com-
plaint dated October 8, 1938, against Radcliff Motor Company, Kan-
sas City, Missouri, herein called the respondent, alleging that the re-
spondent had engaged in and was engaging in unfair labor practices
affecting commerce within the meaning of Section 8 (1), (3), and
(5) and Section 2 (6) and (7) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. Copies of the complaint and
notice of hearing thereon were duly served on the respondent and the
Union.
The complaint alleged in substance that although the Union was
a representative for the purposes of collective bargaining of the ma-
10 N. L . R. B., No. 56.
684
DECISIONS AND ORDERS 685
jority of the respondent's employees in an appropriate unit, the re-
spondent refused to bargain with it as the exclusive representative of
its employees ; that the respondent terminated the employment of
15 named employees and refused to reinstate them because they were
members of the Union and engaged in activities for the Union ; and
that the respondent by divers acts of intimidation, restrained, coerced,
and interfered with its employees in the exercise of their rights guar-
anteed in Section 7 of the Act. On October 24, 1938, the respondent
filed an answer denying that it was engaged in interstate commerce
within the meaning of the Act and denying that it had engaged in
any of the unfair labor practices alleged in the complaint.
On October 20, 1938, the Regional Director notified the respondent
and the Union that the hearing was postponed to October 27, 1938.
Pursuant to the notice of postponement a hearing on the complaint
was held at Kansas City, Missouri, on October 27 and 28, 1938, be-
fore Charles E. Persons, the Trial Examiner duly designated by the
Board. The respondent, the Union, and the Board were represented
by counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all the parties. During the
course of the hearing, the respondent, the Union, and the Board en-
tered into the following stipulation :
It is hereby stipulated and agreed by and between the Re-
spondent, Radcliff Motor Company, by John Radcliff, its pres-
ident, A. T. Sharp and Paul C. Sprinkle, its attorneys, and
United Automobile Workers of America, Local No. 447, affiliated
with the Committee for Industrial Organization, hereinafter re-
ferred to as the Union, and Paul F. Broderick, Regional Attor-
ney and Henry H. Foster, Jr., attorney, Seventeenth Region,.
National Labor Relations Board, as follows :
I
1. Upon charges duly filed by the Union, the National Labor
Relations Board, through Cyrus A. Slater, Acting Regional
Director, Seventeenth Region of the National Labor Relations
Board, agent of the National Labor Relations Board acting pur-
suant to authority granted in Section 10 (b) in the National
Labor Relations Act, approved July 5, 1935, and acting pursuant
to its Rules and Regulations-Series 1, as amended-Article IV,
Section 1, issued its complaint and notice of hearing on the 11th
day of October, 1938, against the Radcliff Motor Company, Re-
spondent herein. A hearing in said matter before Charles E.
Persons, duly authorized to act as Trial Examiner, was com-
menced October 27, 1938.
686 NATIONAL LABOR RELATIONS BOARD
2. It is hereby stipulated and agreed, subject to the approval
of the National Labor Relations Board, that:
(a) Respondent withdraws its answer heretofore filed in this
matter and expressly waives its right to file further answer and
expressly waives its right to a further hearing before a Trial
Examiner and its right to offer evidence and to the taking of
testimony in the hearing of said matter;
(b) Respondent waives the making of findings of fact and
-conclusions by the National Labor Relations Board;
(c) Respondent expressly consents to the issuance by the Na-
tional Labor Relations Board of a decision and order based
,,upon the record and this stipulation as hereinafter set out.
II
It is stipulated and agreed for purposes of this proceeding
only that :
1. Respondent is and has been since January 1, 1937, a cor-
-poration organized under and existing by virtue of the laws of
the State of Missouri and is now and has continuously been en-
gaged in the business of distributing new Plymouth and De Soto
automobiles at wholesale and retail, used automobiles at whole-
sale and retail, supplying and distributing parts and accessories
for automobiles, and in servicing and repairing automobiles at
its place of business in Kansas City, Missouri.
2. Respondent, in the course and conduct of its business, causes
and has continuously caused substantially all of the new auto-
mobiles it distributes, together with parts and accessories, grease
and trim, to be purchased and transported from and through
states of the United States, other than the State of Missouri, to
its place of business in Kansas City, Missouri, and causes and
has continuously caused a substantial portion of the used auto-
mobiles it sells and distributes to be purchased and transported
from and through states of the United States, other than the
State of Missouri, to its place of business in Kansas City,
Missouri.
3. Respondent is duly authorized by the Chrysler Motor Com-
pany to serve as a distributor and dealer in a number of counties
in the State of Missouri, adjacent to or in the vicinity of Kan-
sas City, Missouri, and in Johnson, Leavenworth and Wyandotte
Counties, Kansas, and in the course and conduct of its busi-
ness, Respondent sells approximately 38.12 per cent of the new
and used automobiles it sells retail, approximately 24.92 per
cent of the automobiles it sells wholesale, and approximately
47.52 per cent of the used automobiles it sells wholesale, to cus-
DECISIONS AND ORDERS 687
tomers located in the counties of Johnson, Leavenworth and
Wyandotte, Kansas, or in states of the United States other than
the' State of Missouri. Respondent's sales for the year 1937 are
as shown on Exhibit "A", attached hereto and made a part
hereof.,
4. Respondent, in the course and conduct of its business sells
and distributes a substantial portion of the parts and accessories
it sells and distributes to customers located in the counties of
Johnson, Leavenworth and Wyandotte• in the State of Kansas,
and services and repairs trucks licensed as interstate carriers and
automobiles from states of the United States other than the State
of Missouri.
5. Respondent, Radcliff Motor Company, is engaged in inter-
state commerce within the meaning of Section 2 (6) and (7)
of the National Labor Relations Act.
III
It is stipulated and agreed that :
United Automobile Workers of America, Local Union- No.
447, affiliated with the Committee for Industrial Organization,
is a labor organization within the meaning of Section 2 (5) of
the Act.
IV
It is stipulated and agreed that :
1. All employees of Respondent at its place of business in
Kansas City, Missouri, except executives, supervisory officials,
office employees, salesmen and night watchmen constitute a unit
appropriate for the purposes of collective bargaining, in
order to insure to the employees the full benefit of their right
to self-organization, to bargain collectively and otherwise to
effectuate the policies of the Act.
2. On or about November 27, 1937, and at all times thereafter,
a majority of the employees of said unit had designated the
union as their representative for the purposes of collective bar-
gaining with the Respondent, and, by virtue of such designa-
tion, said Union at all times since November 27, 1937, has, by
virtue of Section 9 (a) of said Act, been the exclusive represen-
tative of all employees in said unit for the purposes of collec-
tive bargaining with respect to rates of pay, wages, hours of
employment and other conditions of employment.
i Exhibit A Is set forth in Appendix A of the Board's Order and is therefore not
attached hereto.
688 NATIONAL LABOR RELATIONS BOARD
V
It is stipulated and agreed by and between the respective par-
ties hereto that the National Labor Relations Board may forth-
with enter an order in the above-entitled case to the following
effect :
Respondent, Radcliff Motor Company, shall
1. Cease and desist from the date hereof :
(a) From interfering in any manner with, restraining or co-
ercing its employees in the exercise of their rights to self-organi-
zation, to form, join or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in concerted activities for the purpose of collective bar-
gaining and other mutual aid and protection, as guaranteed in
Section 7 of the Act;
(b) From discouraging membership in the United Automobile
Workers of America, Local No. 447, or any other organization of
its employees, by discriminating against employees in regard to
hire or tenure of employment or any other term or condition of
employment, or by any other means;
(c) From refusing to bargain with the United Automobile
Workers of America, Local No. 447, as the exclusive representa-
tive of all the employees at Respondent's place of business, except
executives, supervisory officials, office employees, salesmen and
night watchmen, in respect to rates of pay, wages, hours of em-
ployment and other conditions of employment.
2. Take the following affirmative action to effectuate the poli-
cies of the National Labor Relations Act :
(a) Pay immediately either directly or through the Regional
Director of the National Labor Relations Board, Seventeenth-
Region, to those employees listed as Exhibit "B", attached hereto
and made a part hereof,2 the sums of money indicated opposite
their respective names on said Exhibit.
(b) Offer to those employees named on Exhibit "B" reinstate-
ment to their former positions without prejudice to their senior-
ity rights and other rights and privileges, in the following
manner :
(1) Immediately offer reinstatement to those employees named
on Exhibit "B" in the event their positions, or any of them, have
been filled by new employees or employees their junior in the serv-
ice of the Respondent, dismissing, if necessary, said new em-
ployees or employees junior in the service of Respondent.
2 Exhibit B Is set forth in Appendix B of the Board's Order and is therefore not
attached hereto.
DECISIONS AND ORDERS 689
(2) Reinstate such employees listed on Exhibit "B" as are not
recalled and reinstated pursuant to (1), above, when conditions
of Respondent's business warrant the hiring of additional em-
ployees, said remaining employees on Exhibit "B" to be placed
on a preferred list of employment for recall and reinstatement in
accordance with their respective seniorities.
(c) Upon request, bargain collectively with the United Auto-
mobile Workers of America, Local No. 447, as the exclusive rep-
resentative of all the employees at Respondent's place of•business,
except executives, supervisory officials, office employees, salesmen
and night watchmen, in respect to rates of pay, wages, hours of
employment and other conditions of employment.
(d) Immediately post notices in conspicuous places throughout
its plant and maintain such notices for a period of thirty (30)
consecutive days, stating :
(1) That Respondent will cease and desist, as aforesaid, and
(2) That Respondent will take the affirmative action aforesaid.
(e) Notify the Regional Director for the Seventeenth Region
within a period of ten (10) days after the entry of the order what
steps have been taken to comply with the said order.
VI
It is stipulated and agreed that this stipulation, together with
the amended charge, the complaint, the notice of hearing, the
Rules and Regulations of the Board, and proof of service thereof,
may be introduced as evidence by filing them with Charles E.
Persons, the Trial Examiner of the National Labor Relations
Board presiding at the hearing of this matter.
VII
It is further stipulated and agreed that after the making of
said order and decision by the National Labor Relations Board,
said Board may submit, without further notice to the parties
hereto, a consent decree to the appropriate United States Circuit
Court of-Appeals; which-decree-shall provide. for, the, affirmance
and enforcement in full of each and every provision contained in
the order which it is hereinbefore provided, that the National
Labor Relations Board may' make herein, and the several parties
hereto hereby consent to the entry of said decree by said appro-
priate Circuit Court of Appeals.
VIII .
All stipulations herein made and terms and provisions thereof
are made subject to the approval of the National Labor Relations
Board.
690 NATIONAL LABOR RELATIONS BOARD
On November 9, 1938, the Board issued its order approving the stip-
ulation and transferring the case to the Board for the purpose of
entry of a decision and order pursuant to the stipulation.
Upon the stipulation and entire record in the case the Board makes
the following :
FINDINGS OF FACT
I. TIIE BUSINESS OF THE RESPONDENT
Radcliff Motor Company, a Missouri corporation, is engaged at its
place of business in Kansas City, Missouri, in distributing new
Plymouth and De Soto automobiles and used cars at wholesale and
retail, in supplying and distributing parts and accessories for auto-
mobiles and in servicing and repairing automobiles. It obtains from
outside the State of Missouri substantially all its new automobiles,
together with parts and accessories, grease, and trim. During the
year 1937 the respondent sold to customers located outside the State
of Missouri approximately 38.12 per cent of its new and used auto-
mobiles, which it sold at retail; approximately 24.92 per cent of its
new automobiles, which it sold at wholesale; and approximately 47.52
per cent of its used cars, which it sold at wholesale. In addition to
servicing and repairing trucks licensed as interstate carriers, and serv-
icing and repairing automobiles from States other than the State of
Missouri, the respondent sells a substantial portion of its automobile
parts, accessories, grease, and trim to customers located outside the
State of Missouri.
We find that the operations of the respondent constitute a continu-
ous flow of trade, traffic, and commerce among the several States.
II. THE ORGANIZATION INVOLVED
United Automobile Workers of America, Local No. 447, affiliated
with Committee for Industrial Organization, is a labor organization
admitting to its membership employees of the respondent.
M. THE APPROPRIATE UNIT
We find that all of.the respondent 's employees employed at its place
of business at Kansas City, Missouri , excluding executives , super-
visory officials , office employees , salesmen, and night watchmen,-Con-
stitute a unit appropriate for the purposes of collective- bargaining,
and that such unit insures to the employees the full benefit of their
right to self-organization and collective bargaining and otherwise
effectuates the policies, of the Act.
DECISIONS AND ORDERS
IV. REPRESENTATION BY THE UNION OF A MAJORITY WITHIN THE
APPROPRIATE UNIT
691.
We find that on or about November 27, 1937, and at all times there--
after, the Union was the duly designated representative of a ma-
jority of the employees in the appropriate unit and pursuant to Sec-
tion 9 (a) of the Act, was on or about November 27, 1937, and at
all times thereafter has been the exclusive representative of all the
employees in such unit for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other
conditions of employment.
ORDER
Upon the basis of the above findings of fact, the stipulation, and
the entire record in the case, and pursuant to Section 10, (c) of the
National Labor Relations Act, the National Labor Relations Board
hereby orders that Radcliff Motor Company, Kansas City, Missouri,
and its officers, agents, successors, and assigns shall:
1. Cease and desist from :
(a) Interfering in any manner with, restraining, or coercing its
employees in the exercise of their rights to self-organization , to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted.
activities, for the purpose of collective bargaining and other mutual-
aid and protection, as guaranteed in Section 7 of the Act;
(b) Discouraging membership in the United Automobile Workers•
of America, Local No. 447, affiliated with Committee for Industrial
Organization, or any other organization of its employees, by dis-
criminating against employees*in regard to hire or tenure of employ-
ment or any other term or condition of employment, or by any other-
means;
(c) Refusing to bargain collectively with United Automobile
Workers of America, Local No. 447, affiliated' with Committee for
Industrial Organization, as the exclusive representative of all the
employees at the respondent's place,of business at Kansas City, Mis-
souri, excluding executives, supervisory officials, office employees,
salesmen, and night watchmen, in respect to rates of pay, 'wages,
hours of employment and other conditions of employment.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Pay immediately either directly or through the Regional Di-
rector of the National Labor Relations Board, Seventeenth Region,
the employees named in Appendix "B" the sums of money indicated
opposite their respective names;
(b) Offer to those employees named in Appendix "B", rein-
statement to their former positions , without prejudice to their-
692 NATIONAL LABOR RELATIONS BOARD
seniority rights and other rights and privileges, in the following
manner :
(1) Immediately offer reinstatement to those employees named
in Appendix "B" in the event their positions, or any of them, have
been filled by new employees or employees their junior in the service
of the respondent, dismissing, if necessary, said new employees or
employees junior in the service of the respondent;
(2) Reinstate such employees listed in Appendix "B" as are not
recalled and reinstated pursuant to 2 (b) (1) above when condi-
tions of the respondent's business warrant the hiring of additional
employees, said remaining employees in Appendix "B" to be placed
on a preferred list of employment for recall and reinstatement in
accordance with their respective seniorities;
(c) Upon request, bargain collectively with the United Automobile
Workers of America, Local No. 447, affiliated with Committee for
Industrial Organization, as the exclusive representative of all the
employees at the respondent's place of business, excluding execu-
tives, supervisory officials, office employees, salesmen, and night watch-
men, in respect of rates of pay, wages, hours of employment, and
other conditions of employment ;
(d) Immediately post notices in conspicuous places throughout
its plant and maintain such notices for a period of thirty (30) con-
secutive days, stating that the respondent (1) will cease and desist
as aforesaid, and (2) will take the affirmative action aforesaid;
(e) Notify the Regional Director for the Seventeenth Region
within a period of ten (10) days after the entry of the Order what
steps the respondent has taken to comply with the said order.
APPENDIX A
SALES OF RADCLIFF MOTOR COMPANY FOR YEAR 1937
Total value of new and used cars sold at retail---------------- $66T,511.23
Value of new and used cars sold at retail to customers in states
other than the State of Missouri--------------------------- 224,336.13
Percentage of value of new and used cars sold at retail to cus-
tomers-in.states,other than the State of Missouri------------- 38.12%
Total value of cars sold wholesale--------------------------- 1, 308, 852.91
Value of cars sold wholesale to customers in states other than
the State of Missouri-------------------------------------- 326,167.95
Percentage of value of cars sold wholesale to customers in states
other than the State of Missouri---------------------------- 24.92%
Total value of used cars sold wholesale------------------------ 47, 372. 30
Value of used cars sold wholesale to customers in states other
than Missouri--------- ------------------------------- •22,511 95
Percentage of value of used cars sold wholesale to customers in
states other than Missouri--------------------------------- 47.52%
Total sale of parts------------------------------------------- 68,275.71
Total' sale of accessories------------------------------------- 36, 026.28
Total sale of grease, oil, paint, trim------------------- t-------- 18,165. 87 -
DECISIONS AND ORDERS
APPENDIX B
693
Nance Amount to be Paid:
Tom O'Hare - ---------------- - --- ---------------------- $345.54
W. B. Williamson------------------------------------- 216.88
Charles Herlevic______________________________________ 440.29
L. B. Gray------------------------------------------- 298.10
William Yancey-------------------------------------- 414. 96
Harry Parker---------------------------------------- 103.46
Julius Goodmnan______________________________________ 489.86
Marion $eall----------------------------------------- 122.29
Frank J. Long----------------------------------------- 122.26
Albert R. Cook---------------------------------------- 75. 98
Vernon N. Scoville____________________________________ 330. 75
James Collins ----------------------------------------- 330.26
William Pogue---------------------------------------- 172.49
Mike Carroll ----------------------------------------- 410.03
Darrell Chewning_____________________________________ 126.85
Total------------------------------------------- $4,000.00
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