General Motors Corp.

National Labor Relations Board - Board Decisions

May 15, 1940

23 N.L.R.B. 812 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER-
CIAL BODIES DIVISION 1 and INTERNATIONAL UNION, UNITED AUTO-
MOBILE WORKERS OF AMERICA, (AFFILIATED WITH THE C. I. 0.)1
In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER-
CIAL BODY DIVISION and AUTOMOBILE BODY LOCAL LODGE 1396, INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE A. F.
OF L.
In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER-
CIAL BODY DIVISION an(l PATTERN MAKERS LEAGUE OF NORTH AMERICA
AND PATTERN MAKERS ASSOCIATION OF INDIANAPOLIS AND VICINITY,
AFFILIATED WITH THE A. F. OF L.
Cases Nos. R-1805, R-1806, and R-1807, respectively. Decided
May 15, 1940
Truck Bodies and Accessories Manufacturing Industry-Investigation of Repre-
.sentatives: stipulation between Company, petitioning Unions, and Board as to
business of the Company, the question concerning representation , the appropriate
unit or units , and direction of elections-Elections Ordered
Mr. Arthur R. Donovan, for the Board.
Mr. Carlos J. Jolly, Mr. A. F. Power, Mr. Denton Jolly, and Mr.
Robert C. Carson, of Detroit, Mich., for the Company.
Mr. LeRoy L. Roberts and Mr. Clarence Lyons, of Indianapolis,
Ind., for the CIO-UAW.
Mr. C. F. McDonald, of Ft. Wayne, Ind., for the I. A. Al.
Mr. George W. Henke and Mr. W. C. Landmeier, of Indianapolis,
Ind., for the Pattern Makers.
Mr. Bliss Daffan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On February 6, 1940, International Union, United Automobile
Workers of America (affiliated with the C. I. 0.), herein called the
' At the hearing the formal papers were amended to state the name of the Company
as set forth in the caption . Motion was also made to amend the formal papers to state
the name of the CIO-UAW as set forth in the caption above , but the Trial Examiner re-
served disposition of said motion for the Board. The motion is hereby granted and the
formal papers amended accordingly.
23 N. L. R. B., No. 86.
812
GENERAL MOTORS CORPORATION 813.
CIO-UAW, filed with the Regional Director for the Eleventh Region
'( Indianapolis, Indiana) a petition, and on February 13 and March 7,
1940, amended petitions, alleging that a question affecting commerce
had arisen concerning the representation of production, maintenance,,
and engineering employees of General Motors Corporation, Chevrolet-
Commercial Body Division, Indianapolis, Indiana, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On March 5, 1940, Automo-
tive Body Workers Local 1396, International Association of Machin-
ists, affiliated with the A. F. of L., herein called the I. A. M., filed
with the Regional Director a petition relating to the same classes of
employees, and on March 8, 1940, an amended petition. On March 11,
1940, Pattern Makers League of North America and Pattern Makers
Association of Indianapolis and Vicinity, affiliated with the A. F.
of L., herein called the Pattern Makers, filed with the Regional Di-
rector a petition alleging that a question affecting commerce had
arisen concerning the representation of all pattern makers employed
by the Company.
On March 14, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section'9 (c) of the Act and
Article III, Section 10 (c) (2) and (3), of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued an order-
consolidating these cases and directing the Regional Director to con-
duct an investigation and to provide for an appropriate hearing upon
due notice.
On March 19, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the CIO-UAW,
the I. A. M., the Pattern Makers, and upon United Automobile
Workers of America, affiliated with the A. F. of L., a labor organiza-
tion herein called the A. F. of L.-U. A. W.
Pursuant to notice, a hearing was held on April 18 and 22, 1940,
at Indianapolis, Indiana, before Henry W. Schmidt, the Trial Ex-
aminer duly designated by the Board. The Board, the Company, the
CIO-UAW, the I. A. M., and the Pattern Makers were represented
by counsel and participated in the hearing. The A. F. of L.-U. A. W.
did not appear at the hearing. Full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing
on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings on motions. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
,814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A stipulation, dated April 20, 1940, and signed by counsel for the
Board, the Company, the CIO-UAW, the I. A. M., and the Pattern
Makers, was introduced in evidence. It provides as follows:
International Union, United Automobile Workers of America,
(affiliated with the C. I. 0.), hereinafter called CIO-UAW, a
party herein; Automotive Body Local Lodge 1396, Int'l Asso-
ciation of Machinists, Affiliated with the A. F. of L., hereinafter
called I. A. M., a party herein ; Pattern Makers League of N. A.
and Pattern Makers Association of Indianapolis and Vicinity,
Affiliated with the A. F. of L., hereinafter called Pattern Makers,
a party herein ; and General Motors Corporation, employer, a
party herein; consider that;
I. Questions affecting commerce have arisen concerning repre-
sentation of employees of the plant involved in the above-entitled
matter for the purpose of collective bargaining, and the parties
desire the earliest possible determination of such representation
in said plant, as evidenced by the petitions filed by the above-
named unions.
II. The introduction of testimony bearing upon the ultimate
and final disposition of the issues in this proceeding would neces-
sarily extend a hearing over a considerable period of time.
III. The exigencies peculiar to this situation require the reso-
lution of the differences between, the parties hereto by the most
expeditious method possible having due regard for the interests
of all concerned.
IV. This stipulation is adopted for use only because of the
circumstances and the considerations above set forth and accord-
ingly is being executed for the purposes of this proceeding only
and shall not be considered a precedent applicable in any other
proceeding before the National Labor Relations Board to which
any of the signatories hereto shall be a party.
IT IS TI{EREFORB STIPULATED AND AGREED BY THE PARTIES HERETO
AS FOLLOWS :
The Board shall conduct an election separately among all wood
and metal pattern makers or model makers, working on bench or
machine (but not shaper hands), and the apprentices of these
classifications (but not supervisory or salaried employees and
those whose work is of a confidential nature), who are in the
employ of Chevrolet-Commercial Body Division, or absent be-
cause of sickness or vacation, or on the seniority list of this divi-
sion of General Motors Corporation during the pay period in
which February 1, 1940, fell, to determine whether said employees
desire to be represented by the Pattern Makers League of North
GENERAL MOTORS CORPORATION 815
America or the CIO-UAW or neither. In that election the ballot
shall provide for a choice between : "PATTERN MAKERS LEAGUE OF
NORTH AMERICA" and "CIO-UAW", and "NEITHER."
If a majority of the said employees in said craft unit chooses
the Pattern Makers League of North America; thus indicating
their preference for separate representation, said employees in
said craft will constitute a separate appropriate bargaining
unit; if a majority of said employees in said craft unit chooses
the CIO-UAW, said employees in said craft in the plant shall
constitute a separate appropriate bargaining unit, provided, how-
ever, that if a majority of the production mechanical employees in
Engineering Department shops, and maintenance employees in
the plant also chooses the CIO-UAW then the employees in such
craft shall become a part of the larger unit.
The Board shall conduct elections among all production and
maintenance employees, and mechanical employees in Engineering
Department shops, who are employed by the General Motors
Corporation, Chevrolet-Commercial Body Division, who were in
the employ of, or absent because of sickness or vacation, or on
the seniority list of the plant during the pay period in which
February 1, 1940, fell, excluding, however, the pattern makers
aforementioned, direct representatives of the management, such
as officers and directors of the Company, sales managers and
assistant sales managers, factory manager and assistant factory
manager, directors and employees of sales, accounting, Personnel'
and Industrial Relations Departments, directors of purchases and
assistant directors of purchases, superintendents and assistant
superintendents, general foremen, foremen and assistant fore-
men, and all other persons working in a supervisory capacity,
including those having the right to hire or discharge and those
whose duties include recommendation as to hiring or discharging
(but not leaders), and those employees whose work is of a confi-
dential nature, time study men, plant protection employees, all
clerical employees, chief engineers, and shift operating engineers
in power plants, designing (drawing board), production estimat-
ing and planning engineers, draftsmen and detailers, Tool de-
signers and clay and plaster modelers, (but not those who make
patterns), timekeepers, office janitors, technical school students,
indentured apprentices, kitchen and cafeteria help, to determine
whether they desire to be represented by International Union,
United Automobile Workers of America (affiliated with the CIO)
or the Automotive Body Local Lodge 1396, Int'l. Association of
Machinists, (affiliated with the A. F. of L.), or neither. In these
elections the ballots shall provide for a choice between "I. A. M."
and "CIO-UAW", and "NEITHER."
816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
It is agreed that the following described employees shall be
within the above exclusions : Employees responsible for requisi-
tioning store supplies and maintaining inventory who are on
salary, employees responsible for controlling flow of production
materials within or into plants, who are on salary, employee
responsible for comparing standards of production materials and
the products with specifications, who is on salary.
The appropriate bargaining unit in connection with collective
bargaining in General Motors Corporation, Chevrolet-Commer-
cial Body Division, is the plant or group of related buildings or
plants operating under the common local resident manager in
the same local community, producing similar or related products,
or craft subdivisions within each plant as may be selected by the
employees therein.
In support of the bargaining unit and the method of ascer-
taining the same herein agreed to as well as the other matters
stipulated to above, the parties hereto for the purposes of this
proceeding further stipulate as follows :
The General Motors Corporation was originally a holding
corporation owning all or substantially all of the stock of sub-
sidiary corporations engaged in the manufacture of different
products and in selling the same. In a few additional instances
General Motors Corporation also owned a minority stock inter-
est in other manufacturing corporations. Over a period of years
either through liquidation of or purchase from these wholly
owned subsidiaries engaged in manufacturing operations General
Motors Corporation itself took over and engaged in the manu-
facturing operations of substantially all of these wholly owned
subsidiaries without, however, disturbing or affecting the inde-
pendence of the management of the plants or operations involved,
the diversification of the products of these separate operations or
to any material extent the physical locations thereof. As a re-
sult General Motors Corporation maintains today a decentral-
ized management for its respective plants. It maintains plants
in forty-two cities, in twelve states from Connecticut to Cali-
fornia. It manufactures and produces a wide variety of prod-
ucts, turning out in some plants as many as 1200 different items
and it engages in a number of businesses, many of which are of
dissimilar nature.
At sometime in the early part of 1937, the International Union,
United Automobile Workers of America initiated organizational
activity among all hourly production, maintenance, and mechani
cal employees in engineering department shops, at the plant of
Chevrolet-Commercial Body Division of General Motors Corpo-
ration. On March 12, 1937, a written agreement was entered
GENERAL MOTORS CORPORATION 817
into between the Corporation and the International Union, on
behalf of its members. Supplemental agreements were entered
into from time to time as a result of a continuing bargaining re-
lationship between the Corporation and'the International Union,
on behalf of its members.
At sometime late in July, 1937, Automotive Body Local Lodge
1396, International Association of Machinists, (affiliated with
the A. F. of L.) initiated organizational activities among all
hourly production, maintenance and. mechanical employees in
engineering department shops at the Chevrolet-Commercial Body
Division of General Motors Corporation.
The Pattern Maker's League of North America has for a pe-
riod of over two years at periodical,.intervals made claims as to
membership among all wood and metal pattern makers or model
makers, and the apprentices of these classifications at the plant
of Chevrolet-Commercial Body Division of General Motors Cor-
poration. The Pattern Maker's League of North America admits
to membership workers who are in a well established and highly
skilled craft, requiring an apprenticeship.
For the past several years in connection with collective bar-
gaining, adjustments and adaptations have been made and car-
ried on between the Unions named herein and committees and
representatives thereof acting for their member employees of the
Chevrolet-Commercial Body Division of General Motors Corpo-
ration, and the local Management of the plant of the Chevrolet-
Commercial Body Division of General Motors Corporation,
located at Holly and Henry Street, Indianapolis, Indiana, as
well as by representatives of the International Unions acting for
their member employees with the Industrial Relations staff of
General Motors Corporation at its Central Office in Detroit,
Michigan, on issues common to many plants.
The. parties hereto agree that the :method of determining the
appropriate unit herein agreed to is proper under the circum-
stances. The history, extent and type of organization of the
employees in the respective plants of the General Motors Cor-
poration, the history of their collective bargaining, considera-
tions of skill and working conditions of said employees, the
eligibility of the employees for membership in the Unions in-
volved in this proceeding, the relationship between the unit or
units, set forth above, and the General Motors Corporation's
organization, management and operations are factors clearly de-
fined in the present labor relations of the employees of General
Motors Corporation and Management thereof.
. In order to clarify any misunderstanding that may arise as to
the bargaining procedure to be followed after the National Labor
818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board has determined the bargaining unit in accord-
ance with the stipulations hereinbefore entered into, and has
certified the exclusive bargaining agents in such plants, with
respect to which such certification may issue, the parties further
stipulate :
The parties hereto accept the principle of the present appeal
procedure being followed in cormection with collective bargain-
ing in many of the. plants of General Motors Corporation
whereby cases not satisfactorily adjusted at the plants where they
arise may be appealed successively to the higher officers of the
General Motors Corporation, by the officers of the International
Union.
The Industrial Relations Staff of General Motors Corporation
will negotiate collectively with the officers of the International
Union certified as the exclusive bargaining agency of a bargain-
ing unit in this plant on such issues as are common to employees
in this bargaining unit and in bargaining units in one or more
other plants in which the Union-certified as exclusive bargaining
agency for a bargaining unit in this plant has also been certified
as exclusive bargaining agency. The form and extent of all
agreements is a practical problem to be worked out in the ne-
gotiations subsequent to the Elections, designations and certifi-
cations by the Board.
Labor Organizations
Each of the petitioning Unions, parties hereto, acknowledges
and agrees that each of the other petitioning Unions is a labor
organization within the meaning of Section 2 (5) of the National
Labor Relations Act in that each of such organizations exists.
in whole or in part for the purpose of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment and conditions of work, and that each of
such organizations claims, jurisdiction over the employees in the
respective bargaining units hereinbefore claimed and described.
Question Concerning Representation
Each of the petitioning Unions, parties hereto, claims to rep-
resent a majority of the employees in the respective bargaining
units hereinbefore described, and all the parties hereto acknowl-
edge and agree that each of the petitioning unions, parties here-
to, has made demands upon the General Motors Corporation
Chevrolet-Commercial Body Division for the right exclusively
to bargain for the employees of the General Motors Corporation
Chevrolet-Commercial Body Division within the respective bar-
GENERAL MOTORS CORPORATION 819,
gaining units hereinbefore described, and that such demands
have been refused.
In order to avoid the difficulties that might otherwise arise
between the time that the elections are completed and the time
that any new agreements may be entered into the parties further
stipulate as follows :
The terms of present UAWA agreement will be continued
with the Union designated, as the 'exclusive bargaining, agent
subject to a change in the terms of recognition whereby such
Union will be recognized-as exclusive bargaining agency for the
bargaining unit when it has been so certified by the NLRB.
It is further stipulated that in the event the National Labor
Relations Board accepts this stipulation in its entirety and bases
its findings, and order thereon, the parties hereto agree that
they will not petition for any rehearing of this case on the issue
of the appropriate bargaining unit involved herein.
The Board hereby approves the stipulation.
Upon the above stipulation and the entire record in the case, the
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMP ANY 2
The Company is a Delaware corporation with its principal business
offices located in New York City and with other offices in Detroit,
Michigan. For business reasons the Company functions with several
unincorporated divisions, one of which is the Chevrolet-Commercial
Body Division which maintains a plant at Holly and Henry Streets,
Indianapolis, Indiana, at which it fabricates and manufactures truck
bodies, truck-body parts, miscellaneous truck-body stampings and
replacement body service parts as well as a limited amount of tools
and dies and assembly fixtures. Approximately 66 per cent in value
of the productive materials, including raw materials and fabricated
or partially fabricated articles, used in the manufacturing and fabri-
cating operations of the Chevrolet-Commercial Body Division, is
obtained from sources outsides the State of Indiana, and approxi-
mately 50 per cent or more of its products are shipped upon com-
pletion to points outside the State of Indiana. Such shipments of
material or products normally occurs at regular intervals during each
week that the plant is in operation and the greater part of such ship-
ments are moved by rail carriers and common motor carriers.
;' The,facts set forth in this section are taken from a stipulation entered into by counsel
for the Board and the Company on April 16, 1940
.820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of America, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions. It admits to membership production and maintenance em-
ployees, and mechanical employees in Engineering Department shops
of the Company.
Automotive Body Local Lodge 1396, International Association of
Machinists, is a labor organization affiliated with the American
Federation of Labor. It admits to membership the same classes of
employees as the CIO-UAW, but excluding pattern makers.
Pattern Makers League of North America and Pattern Makers
Association of Indianapolis and Vincinity is a labor organization
affiliated with the American Federation of Labor. It admits to
membership wood and metal pattern makers or model makers of the
Company working on bench or machine, and apprentices.
III. THE QUESTION CONCERNING REPRESENTATION
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. DETERMINATION OF REPRESENTATIVES AND THE APPROPRIATE UNIT
OR UNITS
We find that the question concerning representation which has
arisen can be best resolved by elections by secret ballot among the
two groups of employees described in subdivisions A and B below.
Upon the results of such elections will depend our determination of
the appropriate unit or units in the manner set forth in subdivision
A below.
A. The pattern makers
We shall direct that a separate election be held among all wood
and metal pattern makers or model makers, working on bench ,or
machine (but no shaper hands), and the apprentices of these classi-
GENERAL MOTORS CORPORATION 821
fications (but not supervisory or salaried employees and those whose
work is of a confidential nature ), who were in the employ of Gen-
eral Motors Corporation , Chevrolet -Commercial Body Division, or
on the seniority list of Chevrolet -Commercial Body Division, or
absent because of sickness or vacation , during the pay period in
which February 1, 1940, fell, to determine whether said employees
desire to be represented by the Pattern Makers or the CIO-UAW
or neither . In the election the ballot shall provide for a choice
between : "PATTERN MAIiERS LEAGUE OF NORTH AMERICA" and "CIO-
UAW," and "NEITHER."
If a majority of the said employees in said craft unit chooses the
Pattern Makers , thus indicating their preference for separate repre-
sentation , said employees in said craft will constitute a separate
appropriate bargaining unit; if a majority of said employees in said
craft unit chooses the CIO-UAW, said employees in said craft in
the plant shall constitute a separate appropriate bargaining unit,
provided, however, that if a majority of the employees in the unit
described in subdivision B below also chooses the CIO-UAW then
the employees in such craft shall become a part of the larger unit.
B. The plant unit
We shall direct that an election be held among all production and
maintenance employees , and mechanical employees in Engineering
Department shops, who are employed by the General Motors Cor-
poration , Chevrolet -Commercial Body Division , who were in the
employ of, or absent because of sickness or vacation , or on the
seniority list, of the plant during the pay period in which February
1, 1940, fell , excluding , however, the pattern makers afore-mentioned,
direct representatives of the management , such as officers and di-
rectors of the Company , sales managers and assistant sales mana-
gers, factory manager and assistant factory manager , directors and
employees of sales, accounting , Personnel and Industrial Relations
Department , directors of purchases and assistant directors of pur-
chases, superintendents and assistant superintendents , general fore-
men, foremen , and assistant foremen, and all other persons working
in a supervisory capacity , including those having the right to hire
or discharge and those whose duties include recommendation as to
hiring or discharging (but not leaders ), and those employees whose
work is of a confidential nature, time -study men , plant protection
employees , all clerical employees , chief engineers and shift operat-
ing engineers in power plants , designing (drawing board ), produc-
tion estimating , and planning engineers , draftsmen and detailers,
tool designers and clay and plaster modelers ( but not those who
23303 4-41-vol 24-53
822 DECISIONS OF NATIONAL LABOR R ELATIONS BOARD
make patterns), timekeepers, office janitors, technical school stu-
dents, indentured apprentices, and kitchen and cafeteria help 3 to
determine whether they desire to be represented by the CIO-UAW
or the I. A. M., or neither. In these elections the ballots shall pro-
vide for a choice between "I. A. M." and "CIO-UAW" and
"NEITHER."
Upon the basis of the above findings of fact, the stipulations of
April 16 and April 20, 1940, and the entire record in the case, the
Board makes the following :
CONCLusION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of General Motors Corporation, Chevrolet-
Commercial Body Division, Indianapolis, Indiana, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with General Motors Corporation, Chevrolet-Commercial Body Divi-
sion, Indianapolis, Indiana, elections by secret ballot shall be con-
ducted 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 Eleventh Region, acting in this matter as
agent for the National Labor Relations Board and subject to Article
III, Section 9, of said Rules and Regulations, among:
1. All wood and metal pattern makers or model makers, working
on bench or machine (but not shaper hands), and the apprentices
of these classifications (but not supervisory or salaried employees and
those whose work is of a confidential nature), who were in the employ
of General Motors, Chevrolet-Commercial Body Division, or absent
because of sickness or vacation, or on the seniority list of this Division
of the Company during the pay period in which February 1, 1940,
' The following described employees are within the above exclusions , employees respon-
sible for requisitioning store supplies and maintaining inventory who are on salary,'em-
ployees responsible for controlling flow of production materials within or into plants,
who are on salary, employee responsible for comparing standard of production materials
and the products with specifications, who Is on salary.
GENERAL MOTORS CORPORATION 823
fell, to determine whether said employees desire to be represented by
the Pattern Makers League of North America or the CIO-UAW, for
the purposes of collective bargaining, or by neither;
2. All production' and maintenance employees, and mechanical em-
ployees in Engineering Department shops, who are employed by the
General Motors Corporation, Chevrolet-Commercial Body Division,
who were ini the employ of, or absent because of sickness or vacation,
or an the seniority list of the plant during the pay period in which
February 1, 1940, fell, excluding, however, the pattern makers afore-
mentioned, direct representatives of the management, such as officers
and directors of the Company, sales managers and assistant sales
managers, factory manager and assistant factory manager, directors
and employees of sales, accounting, Personnel and Industrial Rela-
tions Department, directors of purchases and assistant directors of
purchases, superintendents and assistant superintendents, general fore-
men, foremen, and assistant foremen, and all other persons working
in a supervisory capacity, including those having the right to hire
or discharge and those whose duties include recommendation as to
hiring or discharging (but not leaders), and those employees whose
work is of a confidential nature, time study men, plant protection
employees, all clerical employees, chief engineers and shift operating
engineers in power plants, designing (drawing board), production
estimating, and planning engineers, draftsmen and detailers, tool
designers and clay and plaster modelers (but not those who make pat-
terns), timekeepers, office janitors, technical school students, inden-
tured- apprentices, and kitchen and cafeteria help, to determine
whether they desire to be represented by the CIO-UAW or by the
I. A. M., for the purposes of collective bargaining, or by neither.