NLRB v. EZ Davies Chevrolet, No. 21918

CourtU.S. Court of Appeals — Ninth Circuit
Writing for the CourtPOPE, DUNIWAY, and ELY, Circuit
Citation395 F.2d 191
PartiesNATIONAL LABOR RELATIONS BOARD, Petitioner, v. E-Z DAVIES CHEVROLET, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CARL SIMPSON BUICK, INC., Respondent.
Decision Date26 April 1968
Docket NumberNo. 21918,21887.

395 F.2d 191 (1968)

NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
E-Z DAVIES CHEVROLET, Respondent.

NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
CARL SIMPSON BUICK, INC., Respondent.

Nos. 21918, 21887.

United States Court of Appeals Ninth Circuit.

April 26, 1968.


Harvey Letter (argued), Roy O. Hoffman, Director N.L.R.B., San Francisco, Cal., Arnold Ordman, General Counsel, N.L.R.B., Dominick L. Manoli, Associate General Counsel, N.L.R.B., Marcel Mallet-Prevost, Asst. General Counsel, N.L. R.B., Glen M. Bendixsen, N.L.R.B., Washington, D. C., for petitioner.

David Self (argued), Nathan Berke (argued), of Severson, Werson, Berke & Bull, Neyhart & Grodin, San Francisco, Cal., for respondent.

Before POPE, DUNIWAY, and ELY, Circuit Judges.

395 F.2d 192

ELY, Circuit Judge:

On these two Petitions for Enforcement, there is no significant variation in the briefs, oral argument was consolidated, and the issues are the same.

The respondent companies are automobile dealers. The Union1 filed separate election petitions in which it sought to represent two bargaining units, each composed of the salesmen of one of the companies. In preelection hearings, the companies sought dismissal of the election petitions. They contended that the single-company unit was inappropriate, basing the contention primarily upon certain facts as follows: The companies are members of an employer association called Peninsula Automobile Dealers Association (PADA). There are fifty members of the association, and each is an automobile dealer in the peninsula area south of San Francisco, California. In 1953, a union other than the one here involved had been designated as bargaining representative of the salesmen of all members of the employer association. That union was unable to effect a contract. Later, in 1958, a second union local was designated to represent the salesmen of all the employers. It, too, failed to reach a collective bargaining agreement with PADA. At the time, therefore, when the election petitions now under consideration were filed, the salesmen of PADA's members had never been covered by a multiemployer contract between PADA and a labor organization. Since 1953, however, a bargaining representative of the mechanics and repairmen of PADA's members had been successful in negotiations with PADA for multiemployer contracts. Additionally, bargaining representatives of the employers' remaining shop employees had met with similar success, also since 1953.

The Regional Director rejected the companies' contention that only a multiemployer unit was appropriate. He directed that the requested elections be held, and the Board denied the companies' requests for review.

In the elections, the Union was selected...

To continue reading

Request your trial
11 practice notes
  • Pacific Southwest Airlines v. N.L.R.B., No. 77-1305
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 18 Diciembre 1978
    ...Supply, 579 F.2d 51 (9th Cir. 1978); NLRB v. Mar Salle, Inc., 138 U.S.App.D.C. 135, 425 F.2d 566 (1970); NLRB v. E-Z Davies Chevrolet, 395 F.2d 191, 193 (9th Cir. 1968). Finally, PSA objects to the ex parte postponement of the unfair practice hearing. Inasmuch as PSA has shown no prejudice ......
  • Frito-Lay, Inc. v. Local Union No. 137, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, FRITO-LA
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 3 Julio 1980
    ...87, 77 S.Ct. 643, 1 L.Ed.2d 676 (1957); NLRB v. Hart, 183 NLRB No. 100, enf'd., 453 F.2d 215 (9th Cir. 1971); NLRB v. EZ Davies Chevrolet, 395 F.2d 191 (9th Cir. Although the cases cited to us as support for these propositions are distinguishable on their facts from the present dispute, tak......
  • Gallenkamp Stores Co. v. NLRB, No. 21621
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 8 Agosto 1968
    ...592, 4 L.Ed.2d 544; N.L.R.B. v. Smith, 209 F.2d 905, 907 (9 Cir. 1954); N.L.R. B. v. E-Z Davies Chevrolet and Carl Simpson Buick, Inc., 395 F.2d 191 (9 Cir. 1968). In Accord: May Department Stores Co. v. N.L.R.B., 326 U.S. 376, 380, 66 S.Ct. 203, 90 L.Ed. 145 (1945); Packard Motor Co. v. N.......
  • NLRB v. WS Hatch Co., Inc., No. 71-2930.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 1 Febrero 1973
    ...no material factual issue exists. NLRB v. Red-More Corp., 9 Cir., 1969, 418 F.2d 890, 892; NLRB v. E-Z Davies Chevrolet, 9 Cir., 1968, 395 F.2d 191, 193. Thus, if section 102.67(f) is valid and was properly applied, the Company's argument must fail. The Company would draw a line between wha......
  • Request a trial to view additional results
11 cases
  • Pacific Southwest Airlines v. N.L.R.B., No. 77-1305
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 18 Diciembre 1978
    ...Supply, 579 F.2d 51 (9th Cir. 1978); NLRB v. Mar Salle, Inc., 138 U.S.App.D.C. 135, 425 F.2d 566 (1970); NLRB v. E-Z Davies Chevrolet, 395 F.2d 191, 193 (9th Cir. 1968). Finally, PSA objects to the ex parte postponement of the unfair practice hearing. Inasmuch as PSA has shown no prejudice ......
  • Frito-Lay, Inc. v. Local Union No. 137, Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, FRITO-LA
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 3 Julio 1980
    ...87, 77 S.Ct. 643, 1 L.Ed.2d 676 (1957); NLRB v. Hart, 183 NLRB No. 100, enf'd., 453 F.2d 215 (9th Cir. 1971); NLRB v. EZ Davies Chevrolet, 395 F.2d 191 (9th Cir. Although the cases cited to us as support for these propositions are distinguishable on their facts from the present dispute, tak......
  • Gallenkamp Stores Co. v. NLRB, No. 21621
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 8 Agosto 1968
    ...592, 4 L.Ed.2d 544; N.L.R.B. v. Smith, 209 F.2d 905, 907 (9 Cir. 1954); N.L.R. B. v. E-Z Davies Chevrolet and Carl Simpson Buick, Inc., 395 F.2d 191 (9 Cir. 1968). In Accord: May Department Stores Co. v. N.L.R.B., 326 U.S. 376, 380, 66 S.Ct. 203, 90 L.Ed. 145 (1945); Packard Motor Co. v. N.......
  • NLRB v. WS Hatch Co., Inc., No. 71-2930.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 1 Febrero 1973
    ...no material factual issue exists. NLRB v. Red-More Corp., 9 Cir., 1969, 418 F.2d 890, 892; NLRB v. E-Z Davies Chevrolet, 9 Cir., 1968, 395 F.2d 191, 193. Thus, if section 102.67(f) is valid and was properly applied, the Company's argument must fail. The Company would draw a line between wha......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT