L. N. D., Inc.

National Labor Relations Board - Board Decisions

Feb 21, 1949

81 N.L.R.B. 883 (N.L.R.B. 1949)

In the Matter of L. N. D., INC., OXNARD , EMPLOYER and VENTURA
LODGE No. 1831 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS,
PETITIONER
Case No. 21-RC-551.-Decided February 201, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
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-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is a California corporation engaged in that State
in the retailing of automotive accessories, parts, and equipment, and
in the servicing of trucks and automobiles. In 19471 the Employer
purchased $72,000 of automotive parts and equipment for the purpose
of resale and use in servicing automobiles and trucks. All of these
purchases were made within the State, from L. N. Diedrich, Inc., lo-
cated in a neighboring town. The stock of the Employer is owned in
three parts, part by each of the two partners in L. N. Diedrich, Inc.,
amounting to 75 percent and 25 percent by the president-manager of
the Employer.
L. N. Diedrich, Inc., is a partnership composed of a brother and
sister. It is engaged in jobbing and retailing of automotive acces-
sories, parts, and equipment. Its principal activity is the supplying
of its four affiliated retail stores, one of which is the Employer. It
sells to the Employer on a basis of cost plus 10 percent. From 15
to 18 percent of its business is done with the Employer.
The present business had its origin in 1935, at which time the father
of the present partners operated the jobbing business and the several
Houston , Reynolds and Murdock.
a Figures for 1948 were not available but the Employer 's operations were essentially the
same as in 1947.
81 N. L. R. B., No. 137. 883
829595-50-vol. 81-57
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
retail stores, including Employer, as an individual proprietorship.
In 1937, the organization was changed to a single corporate status. In
1943, the present partnership succeeded the former corporation. In
1947, the present individual store corporations were organized,
largely for the purpose of providing a stock ownership, manager
incentive plan.
During the year 1947, L. N. Diedrich, Inc., purchased merchandise
to a value of $400,000. About 25 percent of these purchases was
shipped to it directly from out of State. During the same period,
40 percent of its purchases was made from manufacturers or sup-
pliers located outside the State of California but the goods were
delivered from warehouses within the State. L. N. Diedrich, Inc.,
admits its business affects commerce and in fact has entered into an
agreement for a consent election with the Petitioner.2
We find that the Employer is an integral part of a unitary enter-
prise which is engaged in commerce and therefore that its activities
affect commerce within the meaning of the Act 3
2. The labor organization named below claims to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
All automotive machinists, their apprentices and helpers, excluding
all other employees, watchmen, guards, professional employees, and
supervisors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
$ Case No. 21-RC-500.
Matter of Orkin Exterminating Company, Inc., 79 N L. R. B 935. Matter of Edward
Taubman, et at, 77 N . L. R B. 846. Matter of Pacific Airmotive Corporation, 75
N. L. R. B. 283.
L. N. D., INC., OXNARD 885
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were in
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also ex-
cluding employees on strike who are not entitled to reinstatement,
to determine whether or not they desire to be represented, for pur-
poses of collective bargaining, by Ventura Lodge No. 1831 of the Inter-
national Association of Machinists.
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