National Labor Relations Board v. Winkel Motors, Inc.

The National Labor Relations Board applies to this court, pursuant to section 10(e) of the National Labor Relations Acts, as amended, 29 U.S.C. § 151 et seq., seeking enforcement of its order dated September 25, 1969, against respondent, Winkel Motors, Inc. The order was entered after the Board found that respondent violated section 8(a) (1) and (3) of the Act.

Some of the facts surrounding the unfair labor practice in question may be summarized as follows: Homer Davis

was employed by respondent as a heavy duty mechanic from January 19, 1968, until October 21, 1968, the date of his discharge. Respondent is engaged in the business of selling new and used automobiles and trucks at retail in Reno, Nevada, its principal place of business. Davis, whose duties consisted mainly of repairing and maintaining rear end assemblies, transmissions and automobile engines, was paid by the job on a “flat rate” or “piece rate” basis, with a guaranteed minimum of 31 hours each workweek at the prescribed hourly rate.

Davis became active in union organization activity in July, 1968; cooperating with the Machinists Union, he actively recruited the employees of respondent and other Reno automobile…