United Motors Service, Inc.

National Labor Relations Board - Board Decisions

Mar 25, 1942

39 N.L.R.B. 1122 (N.L.R.B. 1942)

In the Matter of UNITED MOTORS SERVICE, INC. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No. 1, AFFILIATED
WITH A. F. OF L.
Case No. R-3627.-Decided March ^9,5, 1942
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Stewart Meacham, for the Board.
Mr. Henry M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and
Mr. 1R. C. Carson, of Detroit, Mich., for the Company.
Mr. H. P. Koenig, of St. Louis, Mo., for the Union.
Mr. George A. Hadjinoff, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On January 20, 1942, International Brotherhood of Electrical
Workers, Local No. 1, affiliated with A. F. of L., herein called the
Union, filed with the Regional Director for the Fourteenth Region
(St. Louis, Missouri) a petition, and on January 28, 1942, an amended
petition, alleging that a question affecting commerce has arisen con-
cerning the representation of employees of United Motors Service,
Inc., herein called the Company, engaged at its warehouse at 3001
Washington Boulevard, St. Louis, Missouri, in storage and sale of
automobile parts and accessories and repair and rebuilding of fuel'` '
pumps and automotive electric motors, and requesting an investigation
and, certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act. On
February'24, 1942, 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 investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On February 26, 1942, the Board, the Com-
39 N. L. It. B., No. 210.
1122
UNITED MOTORS, SERVICE, INC. 1123
pany, and the Union entered into a "STIPULATION FOR CER-
TIFICATION OF REPRESENTATIVES UPON CONSENT
ELECTION."
Pursuant to the stipulation an election by secret ballot 'vas coliducted
on March 2, 1942, under the direction and supervision of the Regional
Director among all hourly rated mechanics employed by the Company
in the repair of electric motors at its warehouse located at 3001 Wash-
ington Boulevard, St. Louis, Missouri,' to determine whether or not
the said employees desire to be represented by the Union for the pur-
poses of collective bargaining. On March 3, 1942, the Regional Di-
rector issued and duly served upon the parties an Election Report.
No objections to the conduct of the ballot or the Election Report have
been filed by any of the parties. As to the balloting and the results
thereof, the Regional Director reported as follows :
Total number eligible________________________________________ 4
Total ballots cast-------------------------------------------- 4
Total ballots'challenged ______________________________________ 0
Total blank ballots------------------------------------------- 0
Total void ballots-- ------------------------------------------ 0
Total valid votes counted_____________________________________ 4
Votes cast for International Brotherhood of Electrical Workers,
Local No 1, affiliated with A F. of L_______________________ , 4
Votes cast against International Brotherhood of Electrical Work-
ers, Local No 1, affiliated with A. F. of L____________________ 0
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., employed at
its warehouse located at 3001 Washington Boulevard, St. Louis, Mis-
_-souri, within the meaning of Section 9 (c) and-Section 2 (6) and (7)
of the Act.
2. All hourly rated mechanics employed by the Company in the
repair of electric motors at its warehouse located at 3001 Washington
Boulevard, St. Louis, Missouri, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
3. International Brotherhood of Electrical Workers, Local No. 1,
affiliated with A. F. of L., has been designated and selected by a ma-
jority of the employees in the above unit as their representative for
'Excluding all other employees , as well as mechanics employed in other departments in
repairing automotive generators , starting motors , fuel pumps and other automotive repair
work, warehouse parts department employees , foremen , assistant foremen , manager , assist-
ant manager , operating manager , warehouse parts manager, assistant parts manager, serv-
ice manager , assistant service manager, salesmen , apprentices , clerical employees , general
office employees , and office employees. `
1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the purposes of collective bargaining and is the exclusive representa-
tive of all the employees of said unit within the meaning of Section
9 (a) of the Act.
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 Relations Act,
IT IS HEREBY CERTIFIED that International Brotherhood of Electrical
Workers, Local No. 1, affiliated with A. F. of L., has been designated
and selected by a majority of all hourly rated mechanics employed by
United,Motors Service, Inc., in the repair of electric motors at its•
warehouse located at 3001 Washington Boulevard, St. Louis, Missouri,
as their representative for the purposes of collective bargaining, and
.that, pursuant to Section 9 (c) of the National Labor Relations Act,
International Brotherhood of Electrical Workers, Local No. 1, affili-
ated with A. F. of L., is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.