General Motors Corp.

National Labor Relations Board - Board Decisions

Apr 12, 1940

22 N.L.R.B. 857 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS CORPORATION, DIESEL ENGINE DIvI-
SION and MECHANICS EDUCATIONAL SOCIETY OF AMERICA, LOCAL 6
(INDEPENDENT) 1
In the Matter of GENERAL MOTORS CORPORATION, RESEARCH LABORA-
TORIES DIVISION and MECHANICS EDUCATIONAL SOCIETY OF AMERICA,
LOCAL 6 (LNDEPEIcDENT) 1
Cases Nos. R-1786 and R-1787, respectively.Decided April 12, 1941)
Diesel Engine Manufacturing, Research Work and Tool Manufacturing Indus-
try-Investigation of Representatives : controversy concerning representation of
employees : Company refused to recognize petitioning union as bargaining repre-
sentatives of employees in either division in the absence of certification by the
Board-Units Appropriate for Collective Bargaining : stipulated : ( a) Diesel
Engine Division : all hourly paid production and maintenance employees , includ-
ing crib men , janitors , inspectors , heat-treatment men, assembly men, tool makers,
and boiler operators, but excluding chief engineers and shift -operating engineers
(engine operators ) in power plants , experimental dynamometer operators , experi-
mental dynamometer test operators , experimental engine assemblers , office em-
ployees , clerical employees , supervisory employees , and salaried employees; (b)
Research Laboratories Division : all hourly paid maintenance and processing
employees , excluding plant protection employees , office employees , departmental
draftsmen , detailers , tool designers , patternmakers, wood-model makers, salaried
employees engaged in a supervisory capacity, salaried employees, cooperative
students , technical -school students , auto mechanics , garage attendants, and
janitresses , but not janitors-Elections Ordered
Mr. Arthur C. O'Connor, for the Board.
Mr. A. F. Power, Mr. Denton Jolly, Mr. Carlos J. Jolly, and Mr.
Bruce G. Booth, of Detroit, Mich., for the Company.
Mr. Lewis F. Brady, of Detroit, Mich., for the M. E. S. A.
Mr. Maurice Sugar, Mr. Ernest Goodman, and Mr. Jack N. Tucker,
of Detroit, Mich., for the U. A. W.-C. I. 0.
Mr. Bliss Daffan, of counsel to the Board.
'At the bearing the formal papers were amended to state the names of the Company
and the petitioner as set forth in the caption.
22 N. L. R. B., No. 0.
857
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On April 25, 1939, Mechanics Educational Society of America,
Local 6 (Independent), herein called the M. E. S. A., filed with the
Regional Director for the Seventh Region (Detroit, Michigan) a peti-
tion, and on March 6, 1940, an amended petition, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of General Motors Corporation, herein called the Company,
at its Diesel Engine Division, 13400 Outer Drive, Detroit, 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 January 3, 1940, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, ordered an investi-
gation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice. On August 11,
1939, the M. E. S. A. filed with the Regional Director a petition, and
on March 6, 1940, an amended petition, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of the Company at its Research Laboratories Division, 485 West Mil-
waukee, Detroit, Michigan. On January 3, 1940, the Board ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notiee.2
On February 17, 1940, the Board, acting pursuant to Article III,
Section 10 (c) (2), of its Rules and Regulations-Series 2, as amended,
ordered that the proceedings initiated by the filing of the two separate
petitions be consolidated.
On March 11, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the M. E. S. A.,
and upon International Union, United Automobile Workers of
America, C. I. 0., herein called the U. A. W.-C. I. 0., a labor organi-
zation claiming to represent employees directly affected by the
investigation.
Pursuant to notice, a hearing was held on March 29 and 30, 1940,
at Detroit, Michigan, before Tilford E. Dudley, the Trial Examiner
duly designated by the Board. The Board, the Company, the
2 At the same time the Board consolidated the proceeding respecting Research Labora-
tories Division , Case No. R-1787, with a number of other representation proceedings
involving employees of the Company . On February 2, 1940, the Board revoked the
order of consolidation and continued Case No R-1787 as a separate proceeding.
GENERAL MOTORS - CORPORATION 859
M. E. S. A., 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 evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings 'on motions and on
objections to the admission of evidence. 7The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed. Pursuant to per-
mission granted by the Trial Examiner, the U. A. W.-C. I. O. after
the close of the hearing, filed for inclusion in the record two docu-
ments, designated Board Exhibit No. 3 and Company Exhibit No. 1.
On April 9, 1940, the M. E. S. A. filed with the Board a paper iii
which it stated its willingness to have the U. A. W.-C. I. O. accorded
a place on the ballot in Case No. R-1786.
. Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation engaged, among other
things, in the manufacture and assembly of automobiles, parts and
accessories thereof, Diesel engines, and aircraft motors. Its principal
business offices are located in New York City and it also maintains
offices in Detroit, Michigan. It maintains plants in California, Con-
necticut, Georgia, Indiana, Maryland, Michigan, Missouri, New Jersey,
New York, Ohio, Tennessee, and Wisconsin. For business reasons the
Company functions with several unincorporated divisions, two of
such divisions being the Diesel Engine Division which maintains a
plant at 13400 Outer Drive, Detroit, Michigan, and the Research
Laboratories Division which maintains a plant at 485 West Milwaukee,
Detroit, Michigan.
The Diesel Engine Division of the Company is engaged in the
manufacture of Two Cycle Diesel Engines of one, three, four, and six
cylinders for use in trucks, busses, tractors, and boats, and also in-
jectors and service parts for engines. Approximately 50 per cent in
value of the productive materials, including raw material and fabri-
cated or partially fabricated articles, used in the manufacturing opera-
tions of the Diesel Engine Division are obtained from sources outside
the State of Michigan, and approximately fifty per cent of its finished
products are shipped to points outside the State of Michigan.
The Research Laboratories Division of the Company is engaged in
development and research work for other unincorporated divisions
of the Company, and incidental thereto and for the purposes of stabi-
lizing employment, manufactures tools, jigs, small dies, fixtures, and
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
balancing machines. Over the period of an average year approxi-
mately 70 per cent of the work and business of Research Laboratories
Division involves development and research work resulting in reports,
recommendations or information, usually in writing, which, are, for-
warded to unincorporated divisions of the Company for their use,
in the proportion of 75 per cent to plants or offices of the Company
located in the State of Michigan and 25 per cent to plants or offices of
the Company located outside of the State of Michigan. During 1939,
an average year, approximately 30 per cent of the work and business of
Research Laboratories Division consisted of the manufacture of tools,
jigs, small dies, fixtures, and balancing machines. Approximately 50
per cent of the productive materials, including raw materials, used in
the manufacturing operations of Research Laboratories Division are
obtained from sources outside the State of Michigan, and 25 per cent of
the tools, jigs, small dies, fixtures, and balancing machines manu-
factured are shipped to points outside the State of Michigan.
II. THE ORGANIZATIONS INVOLVED
Mechanics Educational Society of America, Local 6 (Independent)
is an unaffiliated labor organization. It admits to membership em-
ployees of the Company.
International Union, United Automobile Workers of America, is
a labor organization affiliated with the Congress of Industrial Or-
ganizations. It admits to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
A. Research Laboratories Division
It was stipulated at the hearing, and we find, that the M. E. S. A.
requested recognition as the bargaining representative of the hourly
paid maintenance and processing employees of the Research Labora-
tories Division but such request was refused by the Company on the
ground of lack of knowledge concerning the extent of the M. E. S. A.'s
representation. It was further stipulated, and we find, that a ques-
tion has arisen concerning representation of the employees of the
Research Laboratories Division of the Company.
B. The Diesel Engine Division
On January 19, 1940, representatives of the M. E. S. A. met with
officials of the Company, presented a contract, and requested recogni-
tion as the bargaining representative of the employees of the Diesel
Engine Division. The Company refused to grant the M. E. S. A.
such recognition in the absence of certification by this Board. I
GENERAL MOTORS CORPORATION 861
We find that a question has arisen concerning representation of
employees of the Diesel Engine Division 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
A. Research Laboratories Division
The M . E. S. A. and the Company stipulated that the unit appro-
priate for the purposes of collective bargaining includes all hourly
paid maintenance and processing employees of the Company em-
ployed at the plant of its Research Laboratories Division , excluding
plant-protection employees, office employees , departmental draftsmen,
detailers , tool designers , pattern makers , wood-model makers, salaried
employees engaged in a supervisory capacity , salaried employees,
cooperative students , technical school students , auto mechanics , garage
attendants , and janitresses , but not janitors . We see no reason for not
finding such unit appropriate.
We find that all hourly paid maintenance and processing employees
of the Company employed at the plant of its Research Laboratories
Division , excluding plant-protection employees, office employees, de-
partmental draftsmen , detailers ,.tool designers , pattern makers, wood-
model makers , salaried employees engaged in a supervisory capacity,
salaried employees, cooperative students , technical school students,
auto mechanics , garage attendants , and janitresses , but not janitors,
constitute a unit appropriate for the purposes of collective bargain-
ing, and that such unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective
bargaining.
B. The Diesel Engine Division
The M. E. S. A., the Company, and the U. A. W.-C. I. 0. stipulated
that the appropriate unit for the purposes of collective bargaining
includes all hourly paid production and maintenance employees of the
Company employed at the plant of its Diesel Engine Division, includ-
ing crib men, janitors, inspectors, heat-treatment men, assembly men,
tool makers and boiler operators, but excluding chief engineers and
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shift operating engineers ( engine operators ) in power plants ,'experi-
mental dynamometer operators , experimental dynamometer test
operators , experimental engine assemblers , office employees , clerical
employees, supervisory employees s and salaried employees.- The,eni-
ployees included in the above unit are eligible for membership in both
the M . E. S. A. and the U. A. W.-C. I. 0. We see no reason for not
finding such unit appropriate.
We find that all hourly paid production and maintenance employees
of the Company employed at the plant of its Diesel Engine Division,
including crib men, janitors, inspectors , heat-treatment men, assembly
men, tool makers and boiler operators , but excluding chief engineers
and shift-operating engineers ( engine operators ) in power plants,
experimental dynamometer operators , experimental dynamometer test
operators, experimental engine assemblers , office employees , clerical
employees, supervisory employees and salaried employees , constitute
a unit appropriate for the purposes of collective bargaining , and that
such unit will insure to employees of the Company the-full benefit of
their right to self-organization and to collective bargaining.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can be best resolved by two elections by secret ballot, one to be
held among the employees in the appropriate unit at Research Labora-
tories Division and the other among the employees in the appropriate
unit at Diesel Engine Division. At the hearing the U. A. W.-C. I. 0.
disclaimed any interest in the question concerning representation of
employees of Research Laboratories Division, but asked to be accorded
a place on the ballot in the event that an election was directed- among
the employees of Diesel Engine Division. We will accord it a place
on the ballot in such election since after the close of the hearing the
Al. E. S. A. agreed thereto.
The M. E. S. A. and the Company stipulated that all employees in
the appropriate unit at Research Laboratories Division employed on
March 23, 1940, and on the Company's pay roll on said date, should be
eligible to vote. The M. E. S. A., the U. A. W.-C. I. 0., and the
Company stipulated that all employees in the appropriate unit at
Diesel Engine Division employed on March 27, 1940, and on the Com-
pany's pay roll on said date, should be eligible to vote. We will direct
that eligibility to vote in the elections shall be in accordance with the
above stipulations, except that employees who were ill or on vacation
8 It was explained at the hearing that the teim "supervisory employees" includes all
supervisors above the position of foreman or department head and 21 ' foremen, 5 of
whom are salaried and 16 of whom are paid at an hourly rate. The 16 foremen on
-hourly rate are department heads with authority to recommend dismissals and hiring
and perform the usual duties of , foremen. 1
-GENERAL MOTORS CORPORATION 863.
on the respective eligibility dates shall be eligible to vote, and em-
ployees who have quit or been discharged for cause since those dates
shall not be eligible to vote.
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 General Motors Corporation, Detroit, Michi-
gan, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All hourly paid maintenance and processing employees of the-
Company employed at the plant of its Research Laboratories Division,
excluding plant protection employees, office employees, departmental
draftsmen, detailers, tool designers, patternmakers, wood-model mak-
ers, salaried employees engaged in a supervisory capacity, salaried
employees, cooperative students, technical-school students, auto me-
chanics, garage attendants, and janitresses but not janitors, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. All hourly paid production and maintenance employees of the
Company employed at the plant of its Diesel Engine Division, includ-
ing crib men, janitors, inspectors, heat-treatment men, assembly men,
tool makers, and boiler operators, but excluding chief engineers and
shift-operating engineers (engine operators) in power plants, experi-
mental dynamometer operators, experimental dynamometer test op-
erators, experimental engine assemblers, office employees, clerical
employees, supervisory employees, and salaried employees, constitute
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 Relations 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 investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with General Motors Corporation, Detroit, Michigan, elections 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, act-
ing in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations,
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Among all hourly paid maintenance and processing employees
of the Company employed at the plant of its Research Laboratories
Division, Detroit, Michigan, on March 23, 1940, and on the Company's
pay roll on said date, excluding plant protection employees, office em-
ployees, departmental draftsmen, detailers, tool designers, pattern-
makers, wood-model makers, salaried employees engaged in a super-
visory capacity, salaried employees, cooperative students, techpical-
school students, auto mechanics, garage attendants, and janitresses but
not janitors, and those who have since quit or been discharged for
cause, but including employees who did not work on said date because
they were ill or on vacation, to determine whether or not they desire
to be represented by Mechanics Educational Society of America, Local
6 (Independent) for the purposes of collective bargaining; and
2. Among all hourly paid production and maintenance employees
of the Company employed at the plant of its Diesel Engine Division,
Detroit, Michigan, on March 27, 1940, and on the Company's pay roll
on said date, including crib men, janitors, inspectors, heat-treatment
men, assembly men, tool makers, and boiler operators, and employees
who did not work on said date because they were ill or on vacation,
but excluding chief engineers and shift-operating engineers (engine
operators) in power plants, experimental dynamometer operators, ex-
perimental dynamometer test operators, experimental engine assem-
blers, office employees, clerical employees, supervisory employees, and
salaried employees, and those who have since quit or been discharged
for cause, to determine whether they desire to be represented by Me-
chanics Educational Society of America, Local 6 (Independent), or by
International Union, United Automobile `Yorkers of America, affil-
iated with the C. I. 0., for the purposes of collective bargaining, or
by neither.