Bill Daniels, Inc.

National Labor Relations Board - Board Decisions

Nov 2, 1951

96 N.L.R.B. 1255 (N.L.R.B. 1951)

BILL DANIELS, INC. 1255
As part of the investigation to ascertain representatives for the
purposes •of collective bargaining with Toccoa Manufacturing Com-
pany, Toccoa, Georgia,
IT IS HEREBY DIRECTED that the Regional Director for the Tenth
Region shall, within ten (10) days from the date of this Direction,
open and count the challenged ballots cast by William Charles Purcell,
Roy Harris, Jesse -Cox, and Ray Childs, and shall thereafter prepare
and cause to be served upon the parties a supplemental tally of ballots,
including therein the count of these challenged ballots. In the event
these challenged ballots do not alter the results of the election; the
Regional Director shall cause a hearing to be conducted for the pur-
pose of determining the issues raised by the Petitioner's objections,
and shall thereafter prepare and serve upon the parties a report
resolving, questions of credibility of witnesses and containing findings
,of fact and recommendations to the Board as to the disposition of
the issues involved, and shall grant the parties 5 days after service
,of the hearing officer's report to file exceptions thereto.
CHAIRMAN HERZOG and MEMBER MURDOCK took no part in the con-
sideration of the above Supplemental Decision and Direction.
BILL DANIELS , INC. and INTERNATIONAL UNION, UNITED AUTOMOBILE,
AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA
(UAW-CIO)
WALKER MOTORS , INCORPORATED and INTERNATIONAL UNION, UNITED
AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA (UAW-CIO ). Cases Nos. 7-CA-471 and 7-CA-4720.
November 2,1951
Decision and Order
On May 22, 1951, Trial Examiner Max M., Goldman issued his
Intermediate Report in the above-entitled proceeding, finding that
the Respondents had engaged in and were engaging in certain unfair
labor practices and recommending that they cease and desist therefrom
and take certain affirmative action, as set forth in the copy of the
Intermediate Report attached hereto. Thereafter, the Respondents
filed exceptions to the Intermediate Report and briefs in support
thereof.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three,-member panel. [Chairman Herzog and Members
Reynolds and Murdock].
96 NLRB No. 191.
,1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has reviewed the rulings of the Trial Examiner made
at the hearing and finds that no prejudicial error was committed. The
rulings are hereby affirmed. ; The Board has considered the Inter-
mediate Report, the exceptions and briefs, and the entire record in
the case, and hereby adopts the findings and conclusions of the Trial
Examiner.
Order
Case No. 7-CA-471
Upon the entire record in the case, and pursuant to Section 10 (c)
-of the National Labor Relations Act, as amended, the National Labor
.Relations Board hereby orders that Bill Daniels, Inc., Detroit, Michi-
gan, its officers, its agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Refusing, upon request, to bargain collectively with Inter-
national Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America (UAW-CIO) as the exclusive representa-
tive of its employees in the following unit: All employees of Bill
Daniels at its Detroit, Michigan, business, excluding office and clerical
employees, new and used car salesmen, administrative and professional
employees, watchmen, superintendents, service managers, shop fore-
men, and all supervisors as defined in the Act.
(b) In any like or related manner interfering with, restraining,
or coercing its employees in the exercise of -the rights guaranteed by
Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request bargain collectively with International Union,
United Automobile, Aircraft and Agricultural Implement Workers of
America (UAW-CIO) as the exclusive representative of all the
employees in the above-described unit and, if an agreement is reached,
embody such understanding in a signed agreement.
(b) Post at its place of business at Detroit, Michigan, copies of
the notice attached hereto and marked "Appendix A."' Copies of
said notice, to be furnished by the Regional Director for the Seventh
Region, shall, after being duly signed by Bill Daniels, Inc., be posted
by it immediately upon receipt thereof and be maintained by it for
sixty (60) consecutive days thereafter in conspicuous places including
all places where notices'to employees, are customarily posted. Reason-
able steps shall be taken by said Bill Daniels,_Inc., to insure that said
notices are not altered; defaced, or covered by any other ' material. ,
1In the event this Order is enforced by a decree of the United States Court of Appeals,
there shall be inserted before the words "A Decision and Order " the words "A Decree of
the United States Court of Appeals Enforcing."
BILL DANIELS, INC. 1257
(c) Notify the Regional Director for the Seventh Region, Detroit,
Michigan, in writing within ten (10) days from the date of this
Order what steps it has taken to comply herewith.
Case No. 7-CA--472
Upon the entire record in the case, and pursuant to Section 10 (c)
of the National Labor Relations Act, as amended, the National Labor
Relations Board hereby orders that the Walker Motors, Incorporated,
Detroit, Michigan, its officers, agents, successors, and assigns, shall:
1. Cease and desist from :
(a) Refusing, upon request, to bargain collectively with Inter-
national Union, United Automobile, Aircraft and Agricultural Im-
plement Workers of America, (UAW-CIO) as the exclusive bargain-
ing representative of its employees in the following unit : All employees
of Walker Motors, Incorporated, employed at its Detroit, Michigan,
business, including all mechanics, porters, service salesmen, parts
clerks, washrack men, and lubricating men, but excluding all office and
clerical employees, new and used car salesmen, administrative and
professional employees, watchmen, superintendents, service managers,
shop foremen, and all of the supervisors as defined in the Act.
(b) In any like or related manner interfering with, restraining, or
,coercing its employees in the exercise of their rights guaranteed by
Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively with International Union,
United Automobile, Aircraft and Agricultural Implement Workers
'of America (UAW-CIO) as the exclusive bargaining representative
of all- the employees in the above-described unit and, if an under-
standing is reached, embody such understanding in a signed agreement.
(b) Post at its place of business at Detroit, Michigan, copies of
the notice attached hereto and marked "Appendix B." 2 Copies of
,said notice, to be furnished by the Regional Director for the Seventh
Region, shall, after being duly signed by Walker Motors, Incorporated,
be posted by it immediately upon receipt thereof and be maintained by
it for sixty (60) consecutive days thereafter in conspicuous places
including all places where notices to employees are customarily posted.
Reasonable steps shall be taken by the Walker Motors, Incorporated,
to insure that said notices are not altered, defaced, or covered by any
other material.
(c) Notify the Regional Director for the Seventh Region, Detroit,
Michigan, in writing within ten (10) days from the date of this Order,
what steps it has taken to comply herewith.
See footnote 1, supra.
•
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Appendix A
NOTICE To ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations,
Board, and in order to effectuate the policies of the Labor Manage-
ment Relations Act, we hereby notify our employees that :
WE WILL bargain collectively, upon request, with INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO) as the exclusive
representative of all the employees in the bargaining unit de-
scribed below with respect to rates of pay, wages, hours of em-
ployment, or other conditions of employment and, if an under-
standing is reached, embody such understanding in a signed
agreement. The bargaining unit is:
All our employees excluding office and clerical employees,
new and used car salesmen, administrative and professional-
employees, watchmen, superintendents, service managers,,
shop foremen, and all supervisors as defined in the Act.
WE WILL NOT in any manner interfere with the efforts of the
above-named union to bargain with us, or refuse to bargain collec-
tively with said union as the exclusive representative of the-
employees in the bargaining unit set forth above.
BILL DANIELS, INC.,
Employer.
Dated------------------ By --------------------- ----------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Appendix B
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the Labor Management
Relations Act, we hereby notify our employees that :
WE wmL bargain collectively, upon request, with INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO) as the exclusive
representative of all the employees in the bargaining unit de-
scribed below with respect to rates of pay, wages, hours of employ-
ment, or other conditions of employment and, if an understanding
BILL DANIELS, INC. 1259
is reached , embody such understanding in a signed agreement.
The bargaining unit is :
All our employees at our Detroit , Michigan , establishment,
including all mechanics , porters , service salesmen, parts
clerks, wash-rack men, and lubrication men, but excluding
all office and clerical employees , new and used car salesmen,
administrative and professional employees , watchmen , super-
intendents , service managers , shop foremen , and all other
supervisors as defined in the Act.
WE WILL NOT in any manner interfere with the efforts of the
above-named union to bargain with us, or refuse to bargain col-
lectively with said union as the exclusive representative of the
employees in the bargaining unit set forth above.
WALKER MOTORS, INCORPORATED.
Dated - ----------------- By -------------------- -----------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered , defaced, or covered by any other material.
Intermediate Report and Recommended Order
STATEMENT OF THE CASE
Upon charges filed by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America (UAW-CIO), herein called the
Union, the General Counsel by the Regional Director for the Seventh Region
(Detroit, Michigan) of the National Labor Relations Board, herein called the
Board, issued an order consolidating these cases and a consolidated complaint
on February 1, 1951, against Bill Daniels, Inc., and Walker Motors, Incorporated,'
herein called Bill Daniels and Walker Motors, respectively, or the Respondents
when referring to both, alleging that the Respondents have engaged in and were
engaging in unfair labor practices affecting commerce within the meaning of
Section 8 ( a) (5) and (1) and Section 2 (6) and (7) of the Labor Management
Relations Act, 1947, 61 Stat. 136, herein called the Act. Copies of the respective
charges, the order consolidating the cases, the complaint, and notice of hearing
were duly served upon the Respondents' and the Union.
With respect to unfair labor practices, the complaint alleges in substance that
beginning on about March 3, 1950, Bill Daniels, and on about June 13, 1950,
Walker Motors, refused and continues to refuse to bargain with the Union. The
respective answers of the Respondents contest the Board's jurisdiction and deny
the commission of any unfair labor practices.
Pursuant to notice a hearing was held on April 16, 1951, at Detroit, Michigan,
before the undersigned, the Trial Examiner designated by the Chief Trial Ex-
The name of this party appears as amended at the hearing.
2 The Respondents attack the order consolidating these cases for further proceedings as
being erroneous and prejudicial to their rights pointing out that Bill Daniels-and Walker
Motors are separate legal entities and have no relationship with each other. The Respond-
ents have not shown that they have been prejudiced by the consolidation. The under-
signed finds no merit in this contention . See Jefferson Lincoln-Mercury, Inc., et al.,
90 NLRB 1911.
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.aminer. The General Counsel and the Respondents were represented by counsel
and the Union by its representative. Full opportunity to be heard, to examine
.and cross-examine witnesses, and to introduce evidence bearing upon the issues,
was afforded the parties The General Counsel presented oral argument and the
Respondents filed a brief and proposed findings and conclusions!
Upon the entire record in the case, and from his observation of the witnesses,
the undersigned makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENTS
Bill Daniels, a Michigan corporation, is an authorized Lincoln-Mercury dealer
with sales and service facilities at Detroit, Michigan. Bill Daniels operates its
business under the usual sales agreement with the Lincoln-Mercury Division
of the Ford Motor Company of Detroit, Michigan. For the 6-month period ending
June 30, 1949, it made purchases including parts from the Lincoln-Mercury
Division amounting to $650,028. During the same period Bill Daniels made
sales amounting to $1,193,229. None of the purchases and for all practical pur-
poses none of the sales were made outside the State of Michigan.
Walker Motors, a Michigan corporation, is an authorized Ford dealer with
sales and service facilities at Detroit, Michigan. Walker Motors operates its
business under the usual sales agreement with the Ford Motor Company of
Dearborn, Michigan. For the period of about 13!,, months between November
19, 1949, when Walker Motors was designated an authorized Ford dealer, to
December 31, 1949, it made purchases including parts from the Ford Motor
Company amounting to $197,882. During the same period Walker Motors made
sales amounting to $237,845. None of the purchases or the sales were made
outside the State of Michigan.' The Ford Motor Company carries on extensive
activities with regard to its products in interstate commerce 6
It is found in accordance with the Board's prior determinations and-contrary
.to the Respondents' contentions that Bill Daniels and Walker Motors are each
-engaged in commerce within the meaning of the Act.6
THE LABOR ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural Implement
Workers of America (UAW-CIO) is a labor organization admitting to mem-
bership employees of the Respondents.
8 For the reasons which appear hereinafter, the undersigned accepts proposed findings
of fact numbered 1 through 4, rejects findings 5 through 9, and rejects proposed conclu-
sions of law 1 through 4.
4 The findings thus far made in this section are based upon the respective records in the
representative proceedings.
b This finding is based upon evidence received for the first time in the instant proceeding
over the Respondent's objection as being matter as to which these had been an opportunity
for litigation In the prior respective representation proceedings . The Respondent's com-
merce activities, although litigated in the prior representation proceedings, go to the
Board's jurisdiction over the subject matter and hence not closed to further litigation.
(N. L. R. B. v. Mid-Co Gasoline Company, 172 F. 2d 974 (C. A. 5) ). See N. L. R. B. v.
Vulcan Forging Company, 188 F. 2d 927 (C. A. 6), decided March 23, 1951 , where the
court approved the Board' s taking official notice of essentially this finding.
6 See also Baxter Bros ., 91 NLRB 1480 , and N. L. R. B. v. M. L. Townsend, 185 F. 2d 378
(C. A. 9).
I
BILL DANIELS, INC.
M. THE UNFAIR LABOR PRACTICES
The Refusal to Bargain
A. The respective appropriate units and the Union's majority status
1261
In accordance with the Board's Decision and Direction of Election in Case
No. 7-RC-757,' dated February 8, 1950, the undersigned finds that all the em-
ployees of Bill Daniels excluding office and clerical employees, new and used
car salesmen, administrative and professional employees, watchmen, superin-
tendents, service managers, shop foremen, and all supervisors as defined in the
Act, constitute an appropriate unit for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
In accordance with the Board's Decision and Direction of Election in Case
No. 7-RC-813,8 dated May 2, 1950, the undersigned finds that all the employees
of Walker Motors employed at its Detroit, Michigan, establishment, including
all mechanics, porters, service salesmen, parts clerks, wash-rack men, and lubri-
cation men, but excluding all office and clerical employees, new and used car
salesmen, administrative and professional employees, watchmen, superintend-
ents, service managers, shop foremen, and all other supervisors as defined in
the Act, constitute an appropriate unit for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
It is also found in accordance with the Board's certification of March 9, 1950,
In the Bill Daniels' case and the certification of June 5, 1950, in the Walker
Motors case that beginning on these dates the Union was the representative of
the employees of the respective Respondents within the meaning of Section 9 (a)
of the Act in the respective afore-mentioned appropriate units for the purposes
of collective bargaining with respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.
B. The respective refusals to bargain
It is found that Bill Daniels refused to bargain on or about March 9, 1950,9
and that Walker Motors refused to bargain on or about June 13, 1950, contesting
the Board's jurisdiction. It is accordingly found, upon the entire record in the
case which includes the representative proceeding, that since on or about March
9, 1950, Bill Daniels, and since on or about June 13, 1950, Walker Motors, have
refused, to bargain collectively with the Union as the exclusive representative of
their respective employees in the above-described appropriate units, with respect
to rates of pay, wages, hours of employment, and other conditions of employment,
in violation of Section 8 (a) (5) of the Act, and that by such refusal has inter-
fered with, restrained, and coerced their employees in the exercise of the rights
guaranteed in Section 7 of the Act, thereby violating Section 8 (a) (1) thereof.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of Bill Daniels and Walker Motors, each, set forth in Section
III, above, occurring in connection with the operations of each of them described
in Section 1, above, have a close, intimate, and substantial relation to trade,
traffic, and commerce among the several States, and tend to lead to labor disputes
burdening and obstructing commerce and the free flow of commerce.
4 88 NLRB 572.
8 This is an unreported Decision.-
9 The tally of ballots and certification on conduct of election was issued on March 1, 1950,
and the Union 's letter requesting bargaining is dated March 3, 1950. March 9, 1950, as
already noted, is the date of the certification of representatives.
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE REMEDY
Having found that the Respondents have engaged in certain unfair labor prac-
tices, it will be recommended that they cease and desist therefrom and take
certain affirmative action designed to effectuate the policies of the Act.
It has been found that the Respondents have refused to bargain collectively
with the Union as the exclusive representative of their respective employees in
the respective appropriate units. It will, therefore be recommended that Bill
Daniels and Walker Motors, each, bargain collectively with the Union upon re-
quest, as the statutory representative of the employees in the respective units
found to be appropriate and, if an understanding is reached, embody such under-
standing in a signed agreement.
Since the record does not reveal any evidence that the Respondents have en-
-gaged in any other unfair labor practices, and since it appears that the refusal
to bargain by the Respondents is based upon their desire to litigate the issue of
the Board's jurisdiction over their respective operations, rather than a funda-
mental attitude of opposition to the objectives of the Act, it will be recommended
merely that the Respondents cease and desist from refusing to bargain with the
Union as the exclusive representative of their respective employees in the re-
spective units, and from in any manner interfering with the efforts of the Union
to bargain collectively on their behalf.
Upon the basis of the foregoing findings of fact, and upon the entire record,
ithe undersigned makes the following :
CONCLUSIONS OF LAW
Case No. 7-CA-471
1. International Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America (UAW-CIO) is a labor organization within the mean-
ing of Section 2 (5) of the Act.
2. All the employees of Bill Daniels, excluding office and clerical employees,
new and used car salesmen, administrative and professional employees, watch-
men, superintendents, service managers, shop foremen, and all supervisors as
defined in the Act, constitute and at times material herein have constituted, a
ment Workers of America (UAW-CIO) is a labor organization within the mean-
of Section 9 (b) of the Act.
3. International Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America (UAW-CIO) was, on March 9, 1950, and has been
at all times material thereafter, the exclusive representative of all the employees
in the unit above-described for the purposes of collective bargaining within the
meaning of Section 9 (a) of the Act.
4. By refusing, on March 9, 1950, and thereafter, to bargain collectively with
the above-named Union, as the exclusive representative of all the employees in
the unit above described, Bill Daniels has engaged in and is engaging in unfair
labor practices within the meaning of Section 8 (a) (5) of the Act.
5. By said refusal to bargain, Bill Daniels has interfered with, restrained,
and coerced its employees in the exercise of the rights guaranteed in Section 7
of the Act, and thereby engaging in unfair labor practices within the meaning
of Section 8 (a) (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 (6) and (7) of the Act.
I. B. S. MANUFACTURING COMPANY 1263
Case No. 7-CA-472
1. International Union, United Automobile , Aircraft and Agricultural Imple-
ment Workers of America (UAW-CIO) is a labor organization within the
meaning of Section 2 (5) of the Act.
2. All the employees at Walker Motors, Detroit , Michigan , establishment, in-
cluding all mechanics , porters, service salesmen , parts clerks , wash-rack men,
and lubrication men, but excluding all office and clerical employees , new and
used car salesmen , administrative and professional employees , watchmen , super-
intendents , service managers , shop foremen , and all other supervisors as defined
in the Act , constitute, and at all times material herein have constituted, a unit
.appropriate for the purposes of collective bargaining within the meaning of
Section 9 ( b) of the Act.
3. International Union, United Automobile , Aircraft and Agricultural Imple-
ment Workers of America (UAW-CIO) was, on June 5, 1950, and has been, at
all times material thereafter , the exclusive representative of all the employees
in the unit above described for the purposes of collective bargaining within
the meaning of Section 9 ( a) of the Act.
4. By refusing , on June 13 , 1950, and thereafter , to bargain collectively with
the above-named Union , as the exclusive representative of all the employees in
the unit above described , Walker Motors has engaged in, and is engaging in,
unfair labor practices within the meaning of Section 8 (a) (5) of the Act.
5. By said refusal to bargain , Walker Motors has interfered with , restrained,
and coerced its employees in the exercise of the rights guaranteed in Section 7
of the Act, thereby engaging in unfair labor practices within the meaning of
Section 8 (a) (1) of the Act.
6. The aforesaid unfair labor practices are unfair labor practices affecting
commerce within the meaning of Section 2 ( 6) and (7) of the Act.
[Recommended Order omitted from publication in this volume.]
1. B. S. MANUFACTURING COMPANY, ECRU MANUFACTURING COMPANY,
HICKORY FLAT MANUFACTURING COMPANY, PONTOTOC MANUFAC-
TURING COMPANY, IRWIN MANUFACTURING COMPANY and AMALGA-
MATED CLOTHING WORKERS OF AMERICA, CIO. Case No. 32-CA-71.
November 2, 1951
Decision and Order
On April 30, 1951, Trial Examiner John Lewis issued his Inter-
mediate Report in the above-entitled proceeding, finding that the
Respondents had not engaged in any unfair labor practices, and recom-
mending that the complaint be dismissed in its entirety, as set forth
in the copy of the Intermediate Report attached hereto. Thereafter,
the General Counsel and the Union filed exceptions to the Inter-
mediate Report and supporting briefs. The Respondents, although
in agreement with the Trial Examiner's ultimate conclusion, also
filed exceptions to the Intermediate Report and a supporting brief.
96 NLRB No. 200.