General Motors Corp.

National Labor Relations Board - Board Decisions

Apr 23, 1940

23 N.L.R.B. 92 (N.L.R.B. 1940)

In the Matter of HYATT BEARINGS DIVISION GENERAL MOTORS COR-
PORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORK-
ERS OF AMERICA, C. I. O.
Case No. R-1777.-Decided April 23, 1940
Roller Bearings Manufacturing Industry-Investigation , of Representatives:
controversy concerning representation of employees : employer unwilling to
bargain with union until question concerning representation determined by
the Board ; stipulated that question concerning representation has arisen-
Unit Appropriate foi Collective Bargaining: all hourly paid employees ex-
cluding student employees ; prior decision involving hourly paid employees of
the Company wherein student employees were included in appropriate unit,
overruled ; reversal made in light of stipulation involving other plants of
General Motors Corporation excluding student employees from the appropriate
unit-Election Ordered-Certification of Representatives.
Mr. D. M. Dimick, for the Board.
John Thomas Smith, by Mr. George D. Brooks and Mr. C. G. Smith,
of New York City, for the Company.
Liebman, Robbins, Pressman & Leider, by Mr. Harold I. Cammer,
of New York City, for the U. A. W.
Mr. Daniel Clydesdale, of Newark, N. J., for the I. A. M.
Mr. Theodore W. Kheel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 26, 1940, International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, herein called the U. A. W., filed with the Regional Di-
rector for the Second Region (New York City), a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of the Hyatt Bearings Division of General
Motors Corporation, Harrison, New Jersey, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On March 5, 1940, the National
Labor Relations Board, herein called the Board, acting pursuant to
23 N. L. R. B., No. 10.
92
HYATT BEARINGS DIVISION, GENERAL MOTORS CORP. 93
Section 9 (c) of the Act and Article III, Section 3, of National
Labor 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
notice.
On March 13, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the U. A.
W., upon International Association of Machinists, affiliated with
the American Federation of Labor, herein called the I. A. M., and
upon Hyatt Employees Association, Inc., herein called the Association,
labor organizations claiming or having claimed to represent employees
directly affected by the investigation. Pursuant to the notice, a hear-
ing was held on March 25, 1940, at New York City, before Joseph L.
Maguire, the Trial Examiner duly designated by the Board. The
Board, the Company, the U. A. W., the I. A. M., and the Association
were represented by counsel or other official representatives and par-
ticipated in the hearing.' Full opportunity to be heard, to examine
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 and on objections to
the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed. On April 11, 1940, a hear-
ing for the purpose of oral argument was held before the Board in
Washington, D. C. The Company and the U. A. W. were represented
by counsel and participated in this hearing.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hyatt Bearings Division is an unincorporated division of General
Motors Corporation, a Delaware corporation, with principal offices
and places of business in New York City and Detroit, Michigan.
Hyatt Bearings Division is located at Harrison, New Jersey. It is
engaged in the manufacture and processing of roller bearings and
similar products. During the year 1939, raw materials valued in ex-
cess of $1,500,000, which constituted approximately 94 per cent of all
raw materials used at the plant, were shipped to the Hyatt Bearings
Division from places located outside the State of New Jersey. Dur-
ing the same period of time, the Hyatt Bearings Division shipped
finished products amounting in value to over $8,000,000, which con-
'The Association appeared by its president , Harry McLeod , for the limited purpose
of announcing that its members had elected to disband the Association and desired no
further part in these proceedings
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stituted 99.4 per cent of the gross volume of sales of products manu-
factured or processed at the plant, to places outside the State of New
Jersey.
II. TIIE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of America, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership all hourly paid employees of the
Company.2
International Association of Machinists, Lodges 340 and 304,3 are
labor organizations affiliated with the American Federation of Labor,
admitting to membership all hourly paid employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a prior proceeding involving the employees of the Company, the
Board, upon the petition of the Association for an investigation and
certification of representatives, directed an election among the hourly
paid employees of the Company to determine whether they desired
representation by the Association, the I. A. M., or neither.4 In this
election, held on August 29, 1939, 539 ballots were cast for the Associ-
ation and 501 for the I. A. M. Since, however, 1,164 eligible employees
voted in the election, neither organization secured a majority and, in
accordance with the policy then followed, the Board directed a run-off
election to determine whether or not the employees desired to be repre-
sented by the Association. Before the direction of this run-off election,
the U. A. W. petitioned the Board for a place on the ballot, claiming
that it had instituted an organizational drive after the original direc-
tion of an election and believed that it then represented a majority of
the employees.5 The Board denied this petition. At a later date,
but before the conduct of the run-off election, the U. A. W. filed with
the Board a petition to reopen the proceedings, alleging that it had
enrolled a substantial number of employees as members and would be
designated by a majority in an election. Again the Board denied the
petition of the U. A. W.e
The run-off election was held on January 25, 1940. In this election,
a greater number of employees voted against than in favor of the
2 Employees of the Company are admitted to membership In Local No. 511 of the
International Union, United Automobile Workers of America
8 During the hearing the attorney for the I A M. announced that this organization
did not desire a place on the ballot "In view of the apparent prima facie evidence pro-
duced at this hearing, showing a preponderant membership of the employees of the Hyatt
Roller Bearings Division of General Motors" in the U. A. W.
4 Matter o f Hyatt Bearings Division, General Motors Corporation and Hyatt Employees
Association, Inc . 14 N. L. R. B. 441.
517N L.R B 466.
0 19 N. L R. B 304.
HYATT BEARINGS DIVISION, GENERAL MOTORS CORP. 95
Association and on February 27, 1940, the Board dismissed the petition
of the Association .7 On the day after the conduct of the run-off elec-
tion, the U. A. W. filed its petition in the instant proceeding. On
January 30, 1940, the U. A. W. wrote the Company asking recognition
for the members of its organization. The Company declined, indi-
cating that it could not undertake bargaining negotiations until the
question concerning representation had been finally determined by
the Board.
It was stipulated during the hearing that the U. A. W. had obtained
authorization cards from 700 of approximately 1,100 employees in the
appropriate unit and, recognizing the "preponderant" membership of
employees in the U. A. W., the I. A. M. withdrew in its favor. The
parties also stipulated and we find that a question concerning repre-
sentation of the hourly paid employees of the Company has arisen.
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. THE APPROPRIATE UNIT
In a previous decision involving the employees of the Company, we
found that the hourly paid employees, including apprentices, consti-
tute an appropriate unit.8 In those proceedings and again herein the
Company argued that the apprentices should be excluded from the
appropriate unit. Concerning the apprentices we stated in our pre-
vious decision as follows :
These apprentices are employed under the following circum-
stances. As openings become available, the Company selects boys
whose average age is from 18 to 20, to enroll in its training school.
By contract with their parents, the boys undertake to work for
7,200 hours over a period of 3 calendar years. A section of the
plant is set aside for their class rooms and machine shop. They
have special instructors under whom they work in the regular
production departments of the Company. Such work occupies
about $ of their time. In addition, they are taught mathematics,
7 20 N. L . R. B 940
"Matter of Hyatt Bearings Division, General Motors Corporation and Hyatt Employees
Association, Inc., 14 N. L. R. B. 441.
96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
junior engineering , and allied subjects . A formal graduation
follows the completion of the course at which time the apprentices
are awarded $150. If they so desire , they may continue with the
Company. Approximately 57 per cent do continue as employees.
In Matter of General Motors Corporation and International Union,
U. A. W. A., affiliated with the A. F. L. et al.,9 proceedings involving
other divisions of the General Motors Corporation , the U . A. W. and
other labor organizations stipulated with the Company that "inden-
tured apprentices" should be excluded from the appropriate unit.
Since apprentices are excluded in other plants of the General Motors
Corporation , we believe , in the interest of orderly collective bargain-
ing, that they should also be excluded from the bargaining unit
herein 10
We find that all hourly paid employees of the Company , excluding
apprentices , constitute a unit appropriate for the purposes of collec-
tive bargaining and that said unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining , and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
As noted above, the I. A. M. does not desire a place on the ballot
and the Association has been disbanded. We shall, therefore, direct
an election among the employees of the Company to determine
whether or not they desire to be represented by the U. A. W. The
employees of the Company within the appropriate unit who are on
the Company's pay roll immediately preceding the date of our Direc-
tion of Election herein, excluding those who have since quit or been
discharged for cause, but including those who are sick, on vacation,
or temporarily laid off, shall be eligible to vote in this election.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Hyatt Bearings Division, General Motors
Corporation, Harrison, New Jersey, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. The hourly paid employees of the Company, excluding appren-
tices, constitute a unit appropriate for the purposes of collective
020 N. L R B. 950.
10 The U. A. W. has asserted that it intends to bargain with the General Motors Corpo•
ration, if it is successful , on behalf of a combined unit of the Hyatt Bearings Division
and such other plants of the General Motors Corporation wherein it is selected as bargain-
tug representative
HYATT BEARINGS DIVISION , GENERAL MOTORS CORP. 97
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
DIRECTION OF ELECTION
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, 49 Stat. 449, 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 a part of the investigation ordered by the Board
,to ascertain representatives for the purpose of collective bargaining
with Hyatt Bearings Division, General Motors Corporation, Harri-
son, New Jersey, an election by secret ballot shall be conducted as
soon 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 Second Region, acting in this matter as the agent
for the National Labor Relations Board and subject to Article III,
Section 9, of said Rules and Regulations, among the hourly paid
employees of the Company, excluding apprentices, whose names ap-
pear on the Company's pay roll immediately preceding this Direction
of Election, excluding those who have since quit or been discharged
for cause, but including those who were sick, on vacation, or tempo-
rarily laid off, to determine whether or not they desire to be repre-
sented for the purposes of collective bargaining by International
'Union, United Automobile Workers of America, affiliated with the
Congress of Industrial Organizations.
[SAME TITLE]
Case No. R-1777
CERTIFICATION OF REPRESENTATIVES
May 03, 1940
On April 23, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding. Pursuant to the Direction of Election, an
election by secret ballot was conducted on May 8, 1940, under the
direction and supervision of the Regional Director for the Second Re-
gion (New York City). On May 10, 1940, the Regional Director,
acting pursuant to Article III, Section 9 of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties an Election Report on the ballot. No objec-
tions to the conduct of the ballot or the Election Report have been
filed by any of the parties.
98 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote_____________________________ 1,382
Total Number of Ballots Cast______________________________ 1,287
Total Number of Valid Ballots_____________________________ 1, 285
Total Number of Votes in favor of International Union, United
Automobile Workers of America, C. I. O__________________ 967
Total Number of Votes against aforementioned Union________ 318
Total Number of Blank Votes______________________________ 1
Total Number of Void Ballots______________________________ 1
Total Number of Challenged Votes_________________________ 0
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,
49 Stat. 449, and pursuant to Article III, Section 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Organ-
izations, has been designated and selected by a majority of the hourly
paid employees of the Hyatt Bearings Division, General Motors Cor-
poration, Harrison, New Jersey, excluding apprentices, as their repre-
sentative for the purposes of collective bargaining and that pursuant
to Section 9 (a) of the Act, International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Organ-
izations, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
23 N. L. R. B., No. 10a.