United Motors Service, Inc.

National Labor Relations Board - Board Decisions

May 19, 1941

31 N.L.R.B. 969 (N.L.R.B. 1941)

In the Matter Of UNITED MOTORS SERVICE, INC. and AMALGAMATED
LOCAL 259, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O.
Case No. R-2538.-Decided May 19, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. John Thomas Smith, of New York City, for the Company.
Mr. Joseph Harrison , of New York City for the United:
Mr. Frederic B. Parkes, end,,of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF TILE CASE
On April 14, 1941, Amalgamated Local 259, United Automobile
Workers of America, C. 1. 0., herein called the United, filed with the
Regional Director for the Second Region (New York City) a peti-
tion alleging that a question affecting commerce had arisen con-
cerning the representation of employees of United Motors Service,
Inc., herein called the Company, engaged in the business of buying,
selling, and distributing automobile parts and accessories at Long
Island City, New York, and requesting an investigation and certifi-
cation of representatives, pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On April
26, 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,,Lalior=Relations-Board-Rules and-Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On April 23, 1941, the Company, the
United, and the Regional Director, entered into a "STIPULATION
FOR CERTIFICATION OF REPRESENTATIVES UPON CON-
SENT ELECTION."
Pursuant to the stipulation an election by secret ballot was con-
ducted on April 29,1941, under the direction and,supervision of the
Regional Director among all employees in the parts and service
31 N. L. R. B., No. 163.
969
970 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
departments of the Company with the exception of parts manager,
assistant parts manager, service manager, assistant service manager,
supervisor of parts office, supervisor of fuel-pump department, gen-
eral office employees, and office employees working in the stockroom,
to determine whether or not said employees desired to be represented
by the United. On May 1, 1941, the Regional Director issued and
duly served upon the parties her Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties. I
In her Election Report, the Regional Director reported as follows
concerning 'the balloting and its results :
Total number eligible to vote--------------------------------- 55.
Total number of ballots cast___________________________________ 53,
Total number of votes in favor of Amalgamated Local 259,
United Automobile Workers of America, C.1.0 ---------------- 53
Total number of votes cast against Amalgamated Local 259,
United Automobile Workers of America, C.1.0 ---------------- 0
Total number of blank votes__________________________________ 0
Total number of void ballots__________________________________ 0
Total number of challenged ballots____________________________ 0
Total number of valid ballots ----------- * ----------------------- 53
Upon the basis of the stipulation, the Election, Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
" 1. A question affecting commerce has arisen concerning'the repre-
sentation of employees of United Motors Service, Inc., Long Island
City, New York, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All employees in' the parts 'and service departments of the Com'
pany with the exception of parts manager, assistant parts manager,
service'i ianager,' a'ssist'ant'-service manager, supervisor of parts' office,
supervisor of 'fuel-pump department, general 'office employees, and
office employees working' in the stockroom, 'constitute a unit 'appr6-
priat'e 'for the purposes,'of collective bargaining,' within the meaning
of, SectioA,9 (b) of the National Labor Relation`s Act.
3. Amalgamated' Local ' 259, United Automobile ' Workers' ` of
America, 'affiliated with the Congress of Industrial Organizations, has
been designated' and 'selected' by- ama jority -of the employees in' the
above unit as their representative for the purposes of collective ba_ r-
gaining; and' is the 'exclusive representative 'of all` 'the employees in
said'uni't within'the'meaning' of Section'9' (a) of the National Labor
Relations' Act.
I
UNITED MOTORS SERVICE, INC. 971
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that Amalgamated Local 259, United Auto-
mobile Workers of America, affiliated with the Congress of Industrial
Organizations, has been designated and selected by a majority of the
employees in the parts and service' departments of United Motors
Service, Inc., Long Island City, New York, with the exception of
parts manager, assistant parts manager, service manager, assistant
service manager, supervisor of parts office, supervisor of fuel-pump
department, general office employees, and office employees working in
the stockroom, as their representative for the purposes of collective
bargaining, and that pursuant to the provision of Section 9-(a) of
the Act, Amalgamated Local 259, United Automobile Workers of
America, affiliated with the Congress of Industrial Organizations, is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
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