Yellow Truck & Coach Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 7, 1941

33 N.L.R.B. 1229 (N.L.R.B. 1941)

In the Matter Of YELLOW TRUCK & COACH MANUFACTURING COMPANY,
GENERAL MOTORS TRUCK & COACH DIVISION and CAPITOL AUTOMO-
TIVE LODGE No. 606, I. A. M. (A. F. OF L.)
Case No. R-0747.-Decided August 7, 1941
Jurisdiction : truck and motor coach manufacturing industry.
Investigation and Certification of Representatives: existence of question : re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : automobile mechanics employed at
the Company 's Denver repair and service garage, excluding the janitor, the
car washer , shop clerk , service manager , shop foreman , and employees in the
parts department ; no controversy as to.
Mr. Philip S. Van Cise, of Denver, Colo., for the Company.
Mr. Rudolph B. Cook, and Mr. W. B. Jordan, of Denver, Colo., for
the Union.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 18, 1941, Capitol Automotive Lodge No. 606, I. A. M.,
(A. F. of L.), herein called the Union, filed with the Regional Director
for the Twenty-second Region (Denver, Colorado) a petition alleging
that a que§tion affecting commerce had arisen concerning the repre-
sentation of employees of Yellow Truck & Coach Manufacturing
Company, General Motors Truck & Coach Division, Denver, Colorado,
herein called the. Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June 30,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, andArticle 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
*lue notice.
On July 30, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
33 N. L. R. B., No. 205.
1229
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to notice, a hearing was held on July 17, 1941, at Denver,
Colorado, before Willard Y. Morris, the Trial Examiner duly desig-
nated by the Acting Chief Trial Examiner. The Company and the
Union were represented by counsel and 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 on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Yellow Truck & Coach Manufacturing Company is engaged in the
manufacture of trucks and motor coaches. General Motors Truck
& Coach Division is the sales division of the Yellow Truck & Coach
Manufacturing Company. This proceeding is concerned solely with
the Denver, Colorado, zone repair and service garage of the Company.
The Denver zone comprises the southern and eastern counties of
Wyoming, the northern part of New Mexico, and the entire State
of Colorado. During the calendar year 1940 the Company's total
sales amounted to approximately $96,900,000, of which approximately
98 per cent was shipped out of the State of Michigan. During the
same period the Company purchased approximately $62,500,000 worth
of raw materials, aproximately 60 per cent of which emanated from
points outside the State of Michigan. During the same period the
Company's sales at the Denver zone amounted to approximately
$512,000, of which approximately 76 per cent were made to customers
within Colorado, 12 per cent within Wyoming, and 12 per cent within
New Mexico. In so far as such sales involved trucks, they are fre-
quently completed by the shipment of the trucks directly from Pon-
tiac, Michigan, to the customer. In 1940, 87 per cent of truck sales
in Colorado and Wyoming, and 37 per cent of truck sales in New
Mexico were completed in this manner.
The Company admits the jurisdiction of the Board.
II. THE ORGANIZATION INVOLVED
Capitol Automotive Lodge No. 606, is a labor organization affiliated
with the International Association of Machinists, which in turn is
affiliated with the American Federation of Labor. It admits to
membership employees of the Company.
YELLOW TRUCK & COACH MANUFACTURING COMPANY 1231
III. THE QUESTION CONCERNING REPRESENTATION
Around the first of March 1941, the Union claiming to represent a
majority of the Company's mechanics at the Denver repair and serv-
ice garage, asked the Company for exclusive recognition as the bar-
gaining agent for said employees. At a second conference approxi-
mately a month later, the Union was informed that the Company
would insist upon an election prior to the granting of such recogni-
tion. A statement of the Trial Examiner shows that the Union rep-
resents a substantial number of employees in the alleged appropriate
unit.,
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section 1, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union requested an appropriate unit consisting of all automo-
bile mechanics employed at the Company's Denver repair and service
garage, excluding the janitor, the car washer, shop clerk, service
manager, shop foreman, and employees in the parts department. The
Company took no position in regard to the appropriate bargaining
unit.
We find that all automobile mechanics employed at the Company's
repair and service garage, excluding the janitor, car washer, shop
clerk, service manager, shop foreman, and employees in the parts de-
partment, 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.2
' The Trial Examiner reported that the Union submitted eight authorization cards dated
between February 24 and 27, 1941 , all apparently bearing genuine , original signatures Of
the eight signatures , the Trial Examiner reported that six were the names of persons on the
Company's list of employees There ale approximately 8 employees in the alleged appro-
priate unit.
2See Matter of Alden MacLellan, Inc. and Local 1099, late, national Association of Ma-
chinists , A F. of L, 31 N. L R B 762 ; of Matter of Butle, Motors, Inc, and Inter-
national Association of Machinists , Auto Mechanics Local ?OJ, A F of L , 28 N L It B.
1254 , and Mattel of Mahoney Motor Company and Lodge No 1i29, Paternational Association
of Machinists , A F of L , 29 N L',' R B 224.
1232 DECISIONS OF NATIONAL" LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by an election by secret ballot. We shall direct that all
employees in the appropriate unit whose names appear on the Com-
pany's pay roll immediately preceding the date of this Direction of
Election, subject to such limitations and additions as are set forth
in the Direction, shall be eligible to vote.
On the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Yellow Truck & Coach Manufacturing
Company, General Motors Truck & Coach Division, Denver, Colo-
rado, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All automobile mechanic's employed by the Company at its Den-
ver repair and service garage, excluding the janitor, car washer, shop
clerk, service manager, shop foreman, and employees in the parts
department, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (c) of the National
Labor Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
lions 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 bargain-
ing with Yellow Truck & Coach Manufacturing Company, General
Motors Truck & Coach Division, Denver, Colorado, an election by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Direction of Election, under
the direction and supervision of the Regional Director for the
Twenty-second Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations, among all automobile mechanics of
the Company who were employed during the pay-roll period im-
mediately preceding the date of this Direction of Election, including
employees who did not work during said pay-roll period because they
were ill or on vacation or in' the active military service or training of
YELLOW TRUCK & COACH MANUFACTURING COMPANY 1233
the United States, or temporarily laid off, but excluding the janitor,
car washer, shop clerk, service manager, shop foreman, employees in
the parts department, and all persons who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Capitol Automotive Lodge No. 606, I. A. M. (A. F. of
L.), for the purposes of collective bargaining.
CHAIRMAN HARRY A. MILL]S took no part in the consideration of
the above Decision and Direction of Election.