Borg-Warner Corp.

National Labor Relations Board - Board Decisions

Feb 27, 1947

72 N.L.R.B. 948 (N.L.R.B. 1947)

In the Matter of MARVEL-SCHEBLER CARBURETOR DIVISION, BORG-WAR-
NER CORPORATION, EMPLOYER and INTERNATIONAL UNION, UN ITED
AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA (UAW-CIO), PETITIONER
Case No. 7-R-0340.-Decided February 07,1947
Mr. Stanley Fulton, of Detroit, Mich., and Mr. B. T. Andrix, of
Flint, Mich., for the Employer.
Messrs. Jack Holt, Hans Larson, and Simeon Vining, of Flint, Mich.,
for the Petitioner.
Mr. Abraham Frank, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Flint,
Michigan, on October 30, 1946, before Woodrow J. Sandler, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Borg-Warner Corporation is an Illinois corporation. It is
the parent organization of the Marvel-Schebler Carburetor Division
at Flint, Michigan, which is engaged in the manufacture and sale of
carburetors for automobiles, farm equipment, stationary engines, and
aircraft, and is the only plant involved herein. During the period
from July 1, 1945, to July 1, 1946, the Employer, in the course of op-
erating the Flint, Michigan, plant, purchased raw materials valued
in excess of $100,000, approximately 41.5 percent of which originated
from sources outside the State of Michigan. During the same period,
sales of finished products exceeded $100,000 in value, of which ap-
proximately 9.2 percent was shipped to points outside the State of
Michigan.
72 N. L. R. B., No. 163.
948
BORG-WARNER CORPORATION 949
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of certain employees of the Employer until
the Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks to expand the present unit of production and
maintenance employees at the Employer's Flint, Michigan, plant, which
it currently represents,' to include four tool and die designers. In the
event the Board finds such an addition to be inappropriate, the Peti-
tioner, as an alternative, accedes to the Employer's position that the
tool and die designers should constitute a separate unit for the purposes
of collective bargaining.
The existing unit of production and maintenance employees was rep-
resented by the UAW-AFL from 1937 to October 1944. Thereafter,
they have been represented by the Petitioner. The record reveals that
neither the UAW-AFL nor the Petitioner has ever bargained for the
tool and die designers as part of the established unit. The tool and
die designers are highly skilled and, as their title indicates, draw and
design tools, dies, special machinery, and various equipment for the
manufacture of carburetors. Their contact with other employees in
the plant is limited inasmuch as they work in a separate office under the
direct supervision of the works manager, who has over-all supervision
of plant employees.
We are of the opinion that, in view of the skilled and technical nature
of their work, the duties and interests of the tool and die designers
differ substantially from those of the production and maintenance em-
ployees and warrant their exclusion from the established unit .2 How-
The existmg contract between the Employer and the Petitioner covers all employees
at the Flint, Michigan, plant , excluding direct representatives of the Employer, con-
fidential clerks, time-study men, office employees , plant -protection employees and various
supervisory employees
2 See Matter of Republic Aviation Corporation , Indiana Division, 51 N L R B 1287;
and Matter of Servel, Inc ., 58 N. L R. B. 5. -
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ever, in accord with the agreement of the parties, we are of the opinion
that they may properly constitute a separate unit.'
We find that all tool and die designers at the Employer's Flint, Mich-
igan, plant, excluding the works manager and all or any other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Marvel-Schebler Carburetor Divi-
sion, Borg-Warner Corporation, Flint, Michigan, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Seventh Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Sections 203.55 and 203.56, of National Labor Relations Board
Rules and Regulations-Series 4, among the employees in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls, 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, to determine whether or
not they desire to be represented by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO), for the purposes of collective bargaining.
' See Matter of Bethlehem Steel Company, Johnstown Plant, 65 N L R B 226, and
cases cited therein.