United Motors Service, Inc.

National Labor Relations Board - Board DecisionsJun 5, 1942

41 N.L.R.B. 756 (N.L.R.B. 1942)

In the Matter Of UNITED MOTORS SERVICE, INC. and UNITED ELEC- TRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1140, AFFILI- ATED WITH THE C. I. O. Case No. R-3887.-Decided June 5,194? Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. Henry M. Hogan and Mr. Denton Jolly, of Detroit, Mich., for the Company. Mr. Beauford Eastman, of Minneapolis, Minn., for the Union. Mr. George H. Gentithes, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE Upon petition and amended petition duly filed by United Elec- trical , Radio & Machine Workers of America, Local 1140, affiliated with the Congress of Industrial Organizations, herein called the Union, 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 Minneapolis, Minnesota, in the storage and sale of automobiles, parts, and accessories and the repair of fuel pumps, automobiles, and electrical motors, the National Labor Relations Board provided for an appropriate hearing upon due notice. In May 1942,E before a hearing was held, the Company, the Union, and the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) entered into a "STIPULATION FOR CERTIFICA- TION ON CONSENT ELECTION." Pursuant to the stipulation an election by secret ballot was con- ducted on May 20, 1942, under the direction and supervision of the Regional Director among all hourly rated employees in the Com- pany's service department, including motor winders, assemblers and helpers, and fuel-pump rebuilders and helpers, who were employed 1 The stipulation was signed by the Company in Detroit, Michigan , on May 5, 1942; and by the Union and the Regional Director in Minneapolis , Minnesota , on May 12, 1942 41 N. L. R. B., No. 141. 756 UNTIED; MOTORS SERVICE', 'IN' C. 757 by the Company during the pay-roll period in which May 2, 1942, fell, but excluding all hourly rated employees in the warehouse parts department (including receiving checkers, receiving handlers, order -pickers, shippers, shipping checker-packers, warranty claims checkers, warranty claims handlers, exchange unit checkers, exchange unit handlers; countermen, miscellaneous stock handlers, and janitors) and all supervisory employees, manager, assistant manager, operating manager, warehouse parts manager, assistant parts manager, service manager, assistant service manager, foremen, salesmen, clerical em- ployees, general office employees and office employees in the stockroom warehouse, to determine whether or not they desired to be represented by the Union. On May 20, 1942, the Regional Director issued and duly served upon the parties an 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. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list----------------------------------- 9 Total ballots cast---------------------------------------- 9 Total ballots challenged---------------------------------- 0 Total blank ballots--------------------------------------- 0 Total void ballots----------------------------------------- 0 Total valid votes counted--------------------------------- 9 Votes cast for LOCAL 1140, UNITED ELECTRICAL, RADIO & MA- CHINE WoRKERs OF AMERICA, AFFIIATED WITH THE C. 1. 0__ 9 Votes cast against LocAL 1140 , UNITED ELECTRICAL RADIO & MACHINE, WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0------------------------------------------------ 0 Upon the basis of the Stipulation, the Election Report,- and the entire record in this 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;, Minneapolis, Minnesota, within the meaning of, Section- 9 (c) and Section 2 (6) and (7) of the,National Labor Relations Act. . ; 2. All hourly rated employees in the Company's service, department, including motor winders,, assemblers and 'helpers, and- fuel=pump rebuilders and helpers, but excluding,all hourly rated employees in the warehouse parts department (including receiving checkers, re- ceiving handlers, order pickers, shippers, shipping checker-packers, warranty claims checkers, warranty claims handlers, exchange unit checkers, exchange unit handlers, countermen, miscellaneous stock handlers, and janitors) and all supervisory employees, manager, assistant manager, operating manager, warehouse parts manager, 758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD assistant parts manager, service manager, assistant service manager, foremen, salesmen, clerical employees, general office employees and office employees in the stockroom warehouse, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 3. United Electrical, Radio & Machine Workers of America, Local 1140, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all employees in 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 Rela- tions Act, IT IS HEREBY CERTIFIED that United Electrical, Radio & Machine Workers of America, Local 1140, affiliated with the Congress of In- dustrial Organizations, has been designated and selected by a majority of all hourly rated employees in the service department of United Motors Service, Inc., Minneapolis, Minnesota, including motor winders, assemblers and helpers, and fuel-pump rebuilders and help- ers, but excluding all hourly rated employees in the warehouse parts department (including receiving checkers, receiving handlers, order pickers, shippers, shipping checker-packers, warranty claims checkers, warranty claims handlers, exchange unit checkers, exchange unit handlers, countermen, miscellaneous stock handlers, and janitors) and all supervisory employees, manager, assistant manager, operat- ing manager, warehouse parts manager, assistant parts manager, service manager, assistant service manager, foremen, salesmen, clerical employees, general office employees and office employees in the stock- room warehouse, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, United Electrical, Radio & Machine Workers of America, Local 1140, affili- ated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.