Commercial Equipment Co., Inc., 354 (1951)

priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. However, we shall make no final unit determination at this time, but shall first ascertain the desires of these employees as expressed in the election hereinafter directed. If a majority vote for the Petitioner, they will be taken to have indicated their desire to constitute a separate appropriate unit.

[Text of Direction of Election omitted from publication in tlu volume.] COMMERCIAL EQUIPMENT COMPANY, INC., AND MONTY L.,kRs AND RUDY LARSEN, CO-PARTNERS D/B/A INDUSTRIAL TRUCK AND T RAILER SERVICE COMPANY, PETITIONER and LODGE 1525, DISTRICT 114, INTERNATIONAL ASSOCIATION OF MACHINISTS. Case No. 20-RM-69.

July 20, 1951

Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before David Karasick, hearing officer. 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 Act, the Board has delegated its powers in connection with this case toa three-member panel [Members Houston, Murdock, and Styles].

Upon the entire record in this case, the Board finds:

  1. Commercial Equipment Company, Inc., herein called the Corporation, is a Utah corporation with its principal office and place of business in Salt Lake City, Utah. The Corporation is engaged in manufacturing, modifying, and repairing trucks and trailers, and selling parts and equipment for trucks and trailers. During 1950, the Corporation purchased materials, consisting of new trucks, trailers, truck parts, metal, and hardware, valued in excess of $500,000, of which 92 percent represented shipments from points outside the State of Utah. During the same period, the Corporation sold finished products and provided services valued in excess of $500,000, of which over $200,000 represented shipments to, and services performed for,

    Inland Freight Lines, an interstate carrier, and approximately $100,000 represented shipments to, and services performed for, other customers located outside the State.

    'At the hearing and in its brief, the Union moved to dismiss the instant petition on various grounds relating in substance to the existence of the question concerning representation and the appropriateness of the unit Ruling on this motion was referred to the Board For the reasons stated in paragraphs numbered 3 and 4, infra, the motion is hereby denied 95 NLRB No 51.

    COMMERCIAL EQUIPMENT COMPANY, INC. 355

    Monty Larsen and Rudy Larsen, co-partners d/b/a Industrial Truck and 'f'railer Service Company, herein called the Partnership,2 has its principal office and place of business also in Salt Lake City, Utah.

    The Partnership is engaged in making repairs to trucks, and in manufacturing and servicing refrigeration equipment used in industrial trucks and trailers. During 1950, the Partnership purchased material, parts, and equipment valued in excess of $10,000, all of which represented shipments from points located outside the State. During the same period, its sale of services, materials, and finished' products were valued in excess of $30,000, of which $1,200 represented shipments to customers located outside the State.

    The Corporation and the Partnership occupy the same building at the same address in Salt Lake City. The two members of the Partnership.serve as vice president and treasurer, respectively, of the Corporation. Although separate books and records are maintained for each concern, the same public accountant keeps the books, and the same office. girl, whose salary is paid solely by the Corporation, handles the office and clerical work for both the Corporation and Partnership. The Partnership pays no rent for its space in the Corporation's machine shop and when the Partnership needs parts or equipment, it generally requests the parts man of the Corporation to make the purchases 3 The Corporation performs all the sales work for the Partnership.

    Wages, hours, and working conditions for employees of the Corporation and those of the Partnership are the same and are established by L. R. Larsen, vice president of the Corporation and one of the partners, together with one of the directors of the Corporation,

    Ultimate authority to hire and discharge employees of both concerns is vested in L. R. Larsen. Employees and supervisors of the Corporation and Partnership are frequently inte'rchanged' In. such instances, no charge is made against the borrowing concern.5 The borrowed personnel remain on their original payrolls and their vacations continue to accrue.

    Under all these circumstances, we are of the opinion and find that the Corporation and Partnership constitute a single Employer within the meaning of Section 2 (2) of the Act.' We also find; in view of the totality of its operations, that the Employer is engaged in commerce 3 The name of the Partnership appears in the caption as amended at the hearing.

    3 Any purchases of supplies by...

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