Ford Motor Co.

National Labor Relations Board - Board Decisions

Dec 28, 1943

54 N.L.R.B. 82 (N.L.R.B. 1943)

In the Matter of FORD MOTOR CoMPANY' and LOCAL 831, UNITED
AUTOMOBILE WORKERS OF AMERICA, A. F. L.
Case No. 18-RR-819.E---Decided December 28, 1943
Mr. I. A. Capizzi, of Detroit, Mich., and Mr. Walter G. Nelson, of
Iron Mountain, Mich., for the Company.
Mr. Milton. Rymal, of Grand Haven, Mich., for the Union.
Mr. Joseph W. Kull is, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 831, United Automobile Workers
of America, A. F. L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees,of Ford Motor Company, Iron Mountain, Michigan, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Stephen M.
Reynolds, Trial Examiner. Said hearing was held at Iron Mountain,
Michigan, on November 17, 1943. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to ,examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. The
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Ford Motor Company, a Delaware corporation, having its princi-
pal offices at Detroit, Michigan, operates a plant at Iron Mountain,
Michigan, where it is. normally engaged in the manufacture of sta-
tion wagon bodies, wooden body parts, and the production of wood
54 N. L. It. B., No. 17.
82
I
FORD MOTOR COMPANY 83
byproducts, but presently engaged in the manufacture of cargo gliders.
The Company annually purchases outside the State of Michigan, raw
materials, consisting of saw logs, plywood, chemical wood, metal fit-
tings and hardware, amounting in value to approximately $2,250,000.
Approximately 90 percent of the annual sales of over $25,000,000, is
shipped to points outside the State of Michigan. The Company
admits, and we find, that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 831, United Automobile Workers of America, A. F. L., is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 27 and September 2, 1943, the Union requested the Com-
pany to recognize it as the exclusive bargaining representative of the
employees within an alleged appropriate unit. The Company refuses
to accord the Union such recognition unless and until the Union is
certified by the Board.
A statement of the Regional Director of the Board, introduced
into evidence at the hearing, indicates that the Union represents a
substantial number of employees within the unit hereinafter found
to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that all plant-protection employees, exclusive of
foremen, constitute an appropriate unit. The parties are in disagree-
ment, however, with reference to the inclusion or exclusion of shift
leaders, relief shift leaders, and the head of the fire department; the
Company desiring their exclusion- on the ground that they are fore-
men, and the Union contending that they are ordinary employees
entitled to inclusion.
The record discloses that there are approximately 70 plant-protec-
tion employees under the supervision of three shift leaders, who sit
at a desk and transmit necessary instructions and orders to the
'The report of the Regional Director shows that the Union submitted 57 authorization
cards bearing apparently genuine signatures , 52 of the cards bear names appearing on the
September 20, 1943, pay roll of the Company , which contains the names of 68 persons
within the alleged appropriate unit.
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees on their respective shifts. ' The shift leaders receive and
answer all fire and emergency calls and in general correlate the activi-
ties of the department. There are also 3 relief shift leaders who
normally act as substitutes for the shift leaders on Sunday only, and
in the event of illness or absences for other reasons.
Nelson, the superintendent of the Company's plant, testified that
the shift leaders had full responsibility for the department during the
frequent absences of Young, the head of the department. He further
testified that although the shift leaders did not have the authority
to hire or fire, they did have the authority to recommend disciplinary
action. The president of the Union, who on occasion has acted as
a relief shift leader, testified that the shift leaders had the authority
to transfer men about the department as the necessity arose, and that
they assumed full responsibility and supervision in the event of an
emergency. He further stated on the record that the men recognized
the authority of the shift leaders in such instances. The vice presi-
dent of the Union, who also has acted as a relief shift leader, testified
that the shift leaders could recommend discharge to the head of the
department.
In view of the foregoing, we find that shift leaders and relief shift
leaders are supervisory employees within our usual definition; we
shall, therefore, exclude them from the unit.
As to the head of the fire department, the record reveals that he
does not have regular supervision over any employees. His duties
consist, of making the rounds of the plant and inspecting the fire
equipment and fire apparatus. Although he has authority to con-
demn and correct fire hazards, he does not have any authority to hire
or fire or to recommend discharge or disciplinary action. We shall
include him in the unit.
We find that all plant-protection employees, including the head
of the fire department, but excluding the shift leaders, relief shift
leaders, foremen and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. THE. DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
1
FORD MOTOR COMPANY
DIRECTION OF ELECTION
85
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Ford Motor
Company, Iron Mountain, 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 super-
vision of the Regional Director for the Eighteenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, 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 including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of election, to determine whether or not they desire to be represented
by Local 831, United Automobile Workers of America, A. F. L., for
the purposes of collective bargaining.