Ford Motor Co.

National Labor Relations Board - Board DecisionsSep 30, 1941

35 N.L.R.B. 1082 (N.L.R.B. 1941)

In the Matter of FORD MOTOR Co., MILAN DIVISION and FEDERAL LABOR UNION 22676, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR CO., PLYMOUTH DIVISION and FEDERAL LABOR UNION 22674, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR CO., NEWBURG DIVISION and FEDERAL LABOR UNION 22673, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR CO., FLAT ROCK DIVISION and FEDERAL LABOR UNION 22721, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR Co., DUNDEE DIVISION and FEDERAL LABOR UNION 22675, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR Co., NORTHVILLE DIVISION and FEDERAL LABOR UNION 22756, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR CO., SHARON-MILLS DIVISION and FEDERAL LABOR UNION 22718, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR CO., SALINE DIVISION and FEDERAL LABOR UNION 22695, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR CO., BROOKLYN DIVISION and FEDERAL LABOR UNION 22696, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR Co., MILFORD DIVISION and FEDERAL LABOR UNION 22722, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR CO., MANCHESTER DIVISION and FEDERAL LABOR UNION 22718, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR Co., P'HOENIX DIVISION and FEDERAL LABOR UNION 22692, AFFILIATED WITH THE AMERICAN' FEDERATION OF LABOR FORD MOTOR CO., YPSILANTI DIVISION and FEDERAL LABOR UNION 22717, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR FORD MOTOR Co., WATERFORD' DIVISION and FEDERAL LABOR UNION 22787, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR 35 N. L. R. B., No. 199. 1082 J FORD MOTOR CO. 1083 Vases Nos. R-2937 to R-2950 ineliusive.Decided September 30, 1941 Jurisdiction : automobile manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union; closed-shop contract executed with notice of petitioner's claim to representation, no bar to ; election necessary. Unit Appropriate for Collective Bargaining : production, maintenance, and clerical employees at each of 14 divisions of the Company with specified inclusions and exclusions Mr. Harold A. Crane field, for the Board. Mr. I. A. Capizzi and Mr. Edmond J. Gallagher, of Detroit, Mich., for the Company. Maurice Sugar, by Mr. Ernest Goodman, of Detroit, Mich., for the U. A. W.-C. I. O. Mr. J. L. Busby, of Detroit, Mich., and Mr. Herbert S. Thatcher, ,of Washington, D. C., for the Federal Locals. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On June 11, 12, and 28, 1941, respectively, Federal Labor Union 22676, Federal Labor Union 22674, Federal Labor Union 22673, Fed- eral Labor Union 22721, Federal Labor Union 22675, Federal Labor Union 22756, Federal Labor Union 22718, Federal Labor Union 22695, Federal Labor Union 22696, Federal Labor Union 22722, Fed- eral Labor Union 22692, Federal Labor Union 22717, and Federal Labor Union 22787, all affiliated with the American Federation of Labor, herein called the Federal Locals, filed with the Regional Di- rector for the Seventh Region (Detroit, Michigan) petitions and amended petitions alleging that questions affecting commerce had arisen concerning the representation of employees at the Milan, Plymouth, Newburg, Flat Rock, Dundee, Northville, Sharon-Mills, Saline, Brooklyn, Milford, Manchester, Phoenix, Ypsilanti, and Waterford Divisions of Ford Motor Company, Dearborn, Michigan, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 13, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3,â€¢ of National La- bor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due 1084 DECISIONS OF NATIONAL LABOR RELATIONS BOARD notice, and acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, ordered that the 14 cases be consolidated. On August 19, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Fed- eral Locals, and upon International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Or- ganizations, herein called the U. A. W.-C. I. 0., a labor organiza- tion claiming to represent employees directly affected by the investi- gation. Pursuant to notice, a hearing was held on August 25, 1941, at Detroit, Michigan, before R. N. Denham, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the Company, the Federal Locals, and the U. A. W.-C. I. O. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner granted motions of the Federal Locals to amend their petitions as to certain formal matters. During the course of the hearing the Trial Examiner made rulings on other motions and on objections to the admission of evidence. 'The Board has reviewed all the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On September 9 and 10, 1941, the Federal Locals and the U. A. W.- C. I. O. filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Ford Motor Company is a Delaware corporation having its prin- cipal executive offices at Dearborn, Michigan. It is engaged in the manufacture, , assembly, sale, and distribution of automobiles and automobile trucks and various types of automobile parts and acces- sories. The Company owns, operates, or maintains assembly plants in many States throughout the country. The only plants with which we are here concerned are the Milan, Plymouth, Newburg, Flat Rock, Dundee, Northville, Sharon-Mills, Saline, Brooklyn, Milford, Man- chester, Phoenix, Ypsilanti and Waterford Divisions, located in towns of the same name in Michigan. These divisions are engaged in the manufacture or assembly of parts for automobiles, trucks, or tractors which are completely assembled at the River Rouge plant of the Company at Dearborn, Michigan, at the Lincoln plant of the Com- pany at Detroit, Michigan, or at other of the Company's final as- sembly plants in States other than Michigan. Not less than 10 per FORD MOTOR CO. 1085 cent and as much as 80 per cent in value of the production materials used in- the manufacturing and assembling operations at each of the divisions of the Company with which, we are here concerned are shipped to the said divisions from points outside the State of Michigan. II. THE ORGANIZATIONS INVOLVED Federal Labor Union 26676, Federal Labor Union 26674, Federal Labor Union 22673, Federal Labor Union 22721, Federal Labor Union 22675, Federal Labor Union 22756, Federal Labor Union 22718, Fed- eral Labor Union 22695, Federal Labor Union 22696, Federal Labor Union 22722, Federal Labor Union 22692, Federal Labor Union 22717, and Federal Labor Union 22787, are all labor organizations chartered by the American Federation of Labor, admitting to membership em- ployees at the Milan, Plymouth, Newburg, Flat Rock, Dundee, North- ville, Sharon-Mills and Manchester, Saline, Brooklyn, Milford, Phoenix, Ypsilanti, and Waterford divisions of the Company, respectively. International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Organ- izations. It admits to membership employees at all of the Divisions of the Company involved herein. III. THE QUESTIONS CONCERNING REPRESENTATION Between June 6 and 10, 1941, the Federal Locals, claiming to rep- resent a majority of the employees at each of the divisions of the Company involved herein, requested the Company to recognize them as the exclusive representative of such employees. The Company did not reply to these requests. On June 20, 1941, the Company and the U. A. W.-C. I. O. entered into a closed-shop contract covering "all employees of the Company in all of the production and assembly plants and units of the Company in the United States of America." The U. A. W.-C. I. O. contends that its contract constitutes a bar to a determination of representatives at this time and urges the dismissals of the petitions herein. It is clear that at the time the Company and the U. A. W.-C. I. O. signed the closed-shop agreement they had knowledge that the Federal Locals were claiming to represent employ- ees included within the terms of the contract. Under the circum- stances, we conclude that the closed-shop contract does not affect the determination of the issues herein.1 'Matter of California Wool Scouring Company and Textile Workers Organizing Coln- mittee, 5 N L. R. B. 782. 1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of the Regional Director, introduced in evidence at the hearing, shows that the Federal Locals represent a substantial number of employees in the units alleged by them to be appropriate.2 We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to ''labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The Federal Locals contend that all production, maintenance, and clerical employees at each of the divisions of the Company involved herein, excluding direct representatives of the management, such as officers, directors of the Company, sales manager and assistant sales manager, factory manager and assistant factory manager, directors and employees of the sales, accounting, personnel, and industrial- relations departments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents, general foremen, foremen, and assistant foremen, all other persons working in a supervisory capacity including follow-up men and those having the right to hire or discharge and those whose duties include recom- mendation as to hiring or discharging (but not follow-up men on production, leaders, pushers or inspectors), sociological workers, per- sonnel investigators, service men, plant-protection employees, time- study men, secretarial employees and clerical employees in super- 2 Regional Director reported that the Federal Locals presented membership -applica- tion cards bearing the names of 95 persons employed at the Milan Division , 24 at the Plymouth Division , 17 at Newburg Division , 380 at Flat Rock Division , 97 at Dundee Division , 24 at Northville Division, 15 at Sharon -Mill Division , 22 at Saline Division, 41 at Brooklyn Division , 256 at Milford Division, 48 at Manchester Division, 186 at Phoenix Division , 307 at Ypsilanti Division , 22 at Waterford Division . There are approxi- mately 158 employees in the alleged appropriate unit at Milan Division , 34 at Plymouth, 28 at Newburg Division , 513 at Flat Rock Division , 93 at Dundee Division , 249 at North- ville Division , 17 at Sharon -Mill Division , 22 at Saline Division , 48 at Brooklyn Division, 293 at Milford Division , 78 at Manchester Division , 162 at Phoenix Division , 742 at Ypsi- lanti Division , and 90 at Waterford Division. The U. A. W.-C. I. O. did not present any evidence of membership to the Regional Director but its representatives testified that it had 162 members at Milan Division , 35 at Plymouth Division, 26 at Newburg Division, 431 at Flat Rock Division , 117 at Dundee Division , 267 at Northville Division, 17 at Sharon-Mill Division , 15 at Saline Division , 35 at Brooklyn Division, 174 at Milford Divi- sion, 56 at Manchester Division , 151 at Phoenix Division , 556 at Ypsilanti Division, and 94 at Waterford Division FORD MOTOR CO. 1087 intendents' offices, designing (drawing board), production, esti- mating, and planning engineers, physicists, chemists, metal- lurgists, designer artists, draftsmen and detailers (but not sketch men), clay and plaster modelers (but not those who make patterns), full-time timekeepers, full-time hospital and first-aid employees, and safety inspectors, constitute separate units appropriate for the pur- poses of collective bargaining. The Company and the U. A. W. - C. I. 0. agree with the composition of the units, but the U. A. W.- C. 1. 0. contends that a Nation-wide unit of all plants of the Company is appropriate and urges the dismissal of the petitions herein. The Company takes no position with respect to the scope of the unit or units. Each of the divisions involved has a separate manager and is lo- cated in a separate town, all within a radius of 35 miles of Ypsilanti. Local managers have the power to adjust grievances. Wages and hours for the employees in the divisions are set in the main plant of the Company at River Rouge. Each division manufactures and pro- duces a distinct finished product and there is no interchange of per- sonnel among the divisions, it being the policy of the Company to employ only people who live in the locality where any given division is located. The 14 divisions of the Company involved herein were all formerly departments at the River Rouge plant and the production at these divisions is controlled by that plant. The Company main- tains a seniority plan for its employees on a division rather than a Company-wide basis. The employees at these divisions did not par- ticipate in an election recently conducted by the Board among the em- ployees at the River Rouge plant of the Company. Under the cir- cumstances, we find that the employees at each of the 14 divisions of the Company involved, herein constitute separate appropriate bar- gaining units. We find that all production, maintenance, and clerical employees at each of the divisions of the Company involved herein, excluding direct representatives of the management, such as officers, directors of the Company, sales manager and assistant sales manager, factory manager and assistant factory manager, directors and employees of the sales, accounting, personnel, and industrial-relations departments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents, general foremen, foremen, and assistant foremen, all other persons working in a supervisory capacity including follow-up men and those having the right to hire or discharge and those whose duties include recommendation as to hiring or discharging (but not follow-up men on production, leaders, pushers, or inspectors), sociological workers, personnel investigators, service men, plant-pro- tection employees, time-study men, secretarial employees and clerical 1088 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees in superintendents' offices, designing (drawing board), pro- duction, estimating, and planning engineers, physicists, chemists, met- allurgists, designer artists, draftsmen and detailers (but not sketch men), clay and plaster modelers'(but not those who make patterns), full-time timekeepers, full-time hospital and first-aid employees, and safety inspectors, constitute, in the case of each division, a unit appro- priate for the purposes of collective bargaining and that said units will insure to employees of each division the full benefit of their right to self-organization and to collective bargaining and otherwise effectu- ate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation which have arisen can best be resolved by separate elections by secret ballot. The Federal Locals, the Company, and the U. A. W.-C. I. 0. stated that in the event the Board directs elections eligibility to vote shall be determined by the Company's pay roll for the period immediately preceding the date of this Direction of Elections. We 'find that per- sons eligible to vote in the respective elections shall be the employees in the appropriate unit for each division, respectively, whose names appear on the Company's pay roll for the period immediately preced- ing the date of the Direction of Elections herein, subject to such limita- tions and additions as are set forth in the Direction of Elections. Upon the basis of the above findings of 'fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of Ford Motor Company, Dearborn, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production, maintenance, and clerical employees at the Milan, Plymouth, Newburg, Flat Rock, Dundee, Northville, Sharon- Mill, Saline, Brooklyn, Milford, Manchester, Phoenix, Ypsilanti, and Waterford Divisions of the Company, excluding direct representa- tives of the management, such as officers, directors of the Company, sales manager and assistant sales manager, factory manager and assistant factory manager, directors and employees of the sales, accounting, personnel, and industrial relations departments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents, general foremen, foremen, and assistant foremen, all other persons working in a supervisory capacity includ- ing follow-up men and those having the right to hire or discharge and FORD MOTOR CO. 1089 those whose duties include recommendation as to- hiring or discharg- ing (but not follow-up men on production, leaders, pushers, or inspectors), sociological workers, personnel investigators, service men, plant-protection employees, time-study men, secretarial employees and clerical employees in superintendents' offices, designing (drawing board), production, estimating, and planning engineers, physicists, chemists, metallurgists, designer artists, draftsmen and detailers (but not sketch men), clay and plaster modelers (but not those who make patterns), full-time timekeepers, full-time hospital and first aid em- ployees, and safety inspectors, constitute, in the case of each divi- sion, a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigations authorized by the Board to ascertain representatives for the purposes of collective bar- gaining' with Ford Motor Company, Dearborn, Michigan, elections by secret ballot shall be conducted as soon as â€¢ 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 Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all production, maintenance, and clerical em- ployees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or temporarily laid off, at the Divisions of the Company listed below, but excluding direct representatives,of the management, such as officers, directors of the Company, sales man- ager and assistant sales manager, factory manager and assistant factory manager, directors and employees of the sales, accounting, personnel, and industrial-relations departments, directors of pur- chases and assistant directors of purchases, superintendents and assistant superintendents, general foremen, foremen, and assistant foremen, all other persons working in a supervisory capacity includ- ing follow-up men and those having the right to hire or discharge and those whose duties include recommendations as to hiring or dis- 1090 DECISIONS OF NATIONAL LABOR RELATIONS BOARD charging (but not follow-up men on production, leaders, pushers, or inspectors), sociological workers, personnel investigators, service men, plant-protection employees, time-study men, secretarial em- ployees and clerical employees in superintendents' offices, designing (drawing board), production, estimating, and planning engineers, physicists, chemists, metallurgists, designer artists, draftsmen and detailers (but not sketch men), clay and plaster modelers (but not those who make patterns), full-time timekeepers, full-time hospital and first-aid employees, safety inspectors, and employees who have since quit or been discharged for cause; (1) at the Milan Division to determine whether they desire to be represented by Federal Labor Union 22676, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining, or by neither; (2) at the Plymouth Division to determine whether they desire to be represented by Fed- eral Labor Union 22674, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (3) at the Newburg Division to determine whether they desire to be represented by Federal Labor Union 22673, affiliated with the American Federa- tion of Labor, or by International Union, United Automobile Work- ers of America, affiliated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining, or by neither; (4) at the Flat Rock Division to determine whether they desire to be rep- resented by Federal Labor Union 22721, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by, neither; (5) at the Dundee Division to determine whether they desire to be represented by Federal Labor Union 22675, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (6) at the Northville Division to determine whether they desire to be represented by Federal Labor Union 22756, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargain- ing, or by neither; (7) at the Sharon-Mills Division to determine whether they desire to be represented by Federal Labor Union 22718, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the FORD_ MOTOR CO. 1091 Congress of Industrial Organizations, for the purposes of collective, bargaining, or by neither; (8) at the Saline Division to determine- whether they desire to be represented by Federal Labor Union 22695,. affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with- the Congress of Industrial Organizations, for the purposes of collective, bargaining, or by neither; (9) at the Brooklyn Division to deter- mine whether they desire to be represented by Federal Labor Union 22696, affiliated with the American Federation of Labor, or by Inter- national Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (10) at the Milford Division to determine whether they desire to be represented by Federal Labor Union 22722, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining, or by neither; (11) at the Manchester Division to determine whether they desire to be represented by Fed- eral Labor Union 22718, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations,. for the purposes of collective bargaining, or by neither; (12) at the. Phoenix Division to determine whether they desire to be represented by Federal Labor Union 22692, affiliated with the American Federa- tion of Labor, or by International Union, United Automobile Work- ers of America, affiliated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining, or by neither; (13) at the Ypsilanti Division to determine whether they desire to be repre-- sented by Federal Labor Union 22717, affiliated with the American Federation of Labor,, or by International Union, United Automobile' Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; and (14) at the Waterford Division to determine whether they desire to be represented by Federal Labor Union 22787, affiliated with the American Federation of Labor, or by International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. 451270-42-vol. 35-70