General Motors Corp.

National Labor Relations Board - Board Decisions

Aug 2, 1940

26 N.L.R.B. 60 (N.L.R.B. 1940)

In tl)e Flatter Of GENERAL MOTORS CORPORATION'and INTERNATIONAL'
UNION, L. A. W. A., AFFILIATED WITH'THE A. F. L,,
In the Matter of GENERAL MOTORS CORPORATION and1 PATTERN
MAKERS LEAGUE OF NORTH AMERICA, AFFILIATED WITH THE, A, F L.,
In the Matter of GENERAL MOTORS CORPORATION 'and, INTERNA
TIONAL UNION, UNITED AUTOMOBILE WORKERS 'OF''AMERICA;•
AFFILIATED WITH THE C. I. O. 'W.
In the Matter of GENERAL MOTORS CORPORATION and LOCAL 1411,
INTERNATIONAL ASSOCIATION OF MACHINISTS (A. F. OF L1.),
Cases Nos R--1721 to R-1781, inclusive
FOURTH SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
On February 28, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in the
above-entitled proceedings.' On April -15, 1940, the,' Board issued
an Amendment to Direction of Elections.2
Pursuant to the Direction of Elections, as amended, elections by
secret ballot were conducted on April 17, 1940, under the direction
and supervision of the Regional Director for the Seventh Region,
Detroit, Michigan, among employees at specified plants of General
Motors Corporation, herein called the Company.
On April 25, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Elections Report, and on May 1, 1940, a Correction of Elections
Report.
120N.L R n,950
2 22 N L R 11,986
26 N L R B., No 5.
60
GENERAL MOTORS CORPORATION 61
On May 29, 1940, the Board issued a Supplemental Decision,
Certification of Representatives, Direction of Run-off Elections, and
Order,' in which, among other things, the Board directed that run-off
elections be conducted among the employees of the Company in the
work classifications set forth in the footnote hereto,4 said employees
being herein called the production and maintenance employees, at the
Chevrolet Motor Division, Baltimore, Maryland, and at the Fisher
Body Division (Plant #40), Detroit, Michigan.
On May 31, 1940, the Regional Director issued and duly. served
upon the parties an Amendment to Elections Report, First Supple-
mental Elections Report, and Report on Objections.
On June 22, 1940, the Board issued aSecond Supplemental Decision,
Certification of Representatives, and Order,' in which, among other
things, the Board directed the Regional Director, upon notice to the
interested parties and in the presence of such representatives as the
said parties might designate, to open three challenged ballots which
had been cast in the election among the employees of the Company in
the work classifications set forth in the footnote hereto,' said employees
being herein called the pattern makers, at the Saginaw Malleable
Division, Saginaw, Michigan.
On July 5, 1940, the Regional Director issued and duly served upon
the parties a Second Supplemental Elections Report.,
In his Second Supplemental Elections Report, to which no objections
or exceptions have been filed by any of the parties, the Regional Direc-
tor reported the results of the balloting in the two run-off elections as
follows:
a 24 N. L R B. 159
4 Production and maintenance employees , and mechanical employees in engineering department shops,
excluding direct representatives of the management , such as officers and directors of the Company, sales
managers and assistant sales managers , factory managers and assistant factory managers , 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 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 (but not to include maintenance patrolmen or fire patrolmen), all clerical employees ,,chief engi-
neers , and shift-operating engineers in power plants , designing (drawing board), production estimating and
planning engineers, draftsmen and detailers , physicists , chemists , metallurgists , artists ,- designer -artists
and clay and plaster modelers (but not those who make patterns), timekeepers , technical school students,
indentured apprentices, and those technical or professional employees who are receiving special training,
kitchen and cafeteria help.
5 24 N. L. R . B , No. 6 b . On July 9, 1940 , the Board issued a Third Supplemental Decision and Order
(25 N. L. R. B 258) covering matters not here material.
5 Wood pattern makers and model makers , working on bench or machine' (but not shaper hands), metal
pattern makers working on bench or machine, model and pattern checkers , keller model set-up men, and
the apprentices of these classifications (but not supervisory or salaried employees and those whose work is
of a confidential nature).
e
62 DECISIONS ' OF' NATIONAL` 'LABOR RELATIONS BOARD
I Chevrolet -Motor. •Diviszon; 'Baltimtmore , Maryland
!'.. , Total,
all
ballots
1. Total - 6n eligibility l ist_ 943.-
2.,Total ballots cast ___ 834
3. Total ballots,challenged----------------- 3
4. Total Blank'ballots___ `V!^
5. Total void ballots'___________!f-_ !_1_
i , , I I ., ,
6. Total valid, votes cast -------- 827,
'Valid-'
votes
7. Total number of,votes for A. F. L.-International Union,
I
United Automobile Workers of America _ _ _ _ _ _ _ _ _ _ _ _ _ 116
8. Total;hi mbei of votes for'C:-I. O.=Ii ter`nationall Union,,
United Automobile Workers of'•Americai_______ -------- 711,,,
Fisher Body Division (Plant #40), Detroit, Michigan
Total; _ Valid .,
all votes
ballots only
1. Total on eligibility list___________________,___ 402
6. Total valid votes cast ------------ ---------_ _ _"_ _ _ _ _ _ _ _ _ _ _ 277 277
7. Total number of votes for A. F. L.-International Union,
United Automobile Workers of America --------------- 72
21 'Total ballots ''_ '-------------- _ •289
3. Total ballots 'challenged___' _____'' ------ 3
4. Total blank ballots_____---------------- •- 9
5.' Total void;ballots, _,- ----------------- ____------ 0
8. Total number of votes for C. I. O.-International Union,
United Automobile Workers' of America --------------- 205
The Regional Director, made no ruling upon the challenged ballotsl in
either of the two run-off ele'cti is inasmuch, as they could not affect
the results ' of the elections. The-Regional Director recommended
That International Union, United Automobile' Workers of America,
affiliated with the C., L 0., herein called the C. I. O. U. A. W., be
certified as the exclusive representative for the purposes of collective
bargaining of the production and, maintenance employees at the
Chevrolet Motor Division, Baltimore, Maryland, and at the Fisher
Body Division (Plant #40)1, Detroit, Michigan. No objections -to
this recommendation having been filed'by any of the'parties, we sliall
GENERAL MOTORS CORPORATION 63
certify the C. I. O.-U. A. W. as, such collective bargaining repro,
seutative in- each of the two above-mentioned plants.
The Regional' Director reported further, in his Second Supple-
mental Elections Report, that he had,-on June 28, 1940, in the presence
of -representatives of the parties, opened the three ballots which had
been challenged in the election among the pattern makers, at the
Saginaw Malleable Division, Saginaw, Michigan. The Regional
Director: further reported that the three ballots were cast for the
Pattern Makers League of North America; affiliated with the A. F. of
L., herein called the Pattern Makers, and reported the tally of all the
ballots cast in this , election, including the three • challenged ballots,
as follows:. ,
Total
all
ballots
Valid
votes
only
1. Total on eligibility.list ----------------------- 19
2. Total ballots cast ----------------- I ----------- 19
3. Total blank ballots-------------------------- 1110
4. Total void ballots--------------------------- 0
5. Totalvalid'votes,cast ------------------------ 19 , 9
6. 'Total number of votes for Pattern Makers League of North
'America; affiliated with the A. F. L------------------ 9
'7. Total number of votes for C. I.IO'.-International Union,
United Automobile Workers of America_ ---- ---'------- 9
8. Total number of votes for neither----------------------------- 1
The Regional' Director reported that neither the Pattern Makers
nor the C. I. O.-U. A. W. had received a majority of the votes cast
in the aforesaid election, but that the total vote cast for both unions
was a majority of all the votes cast. He recommended that upon
the request of either the Pattern Makers or the C. I. 0.-U. A. W.,
a run-off election be directed among the pattern ,makers at the afore-
said plant by a ballot affording a choice only between the two labor
'organizations. By letter, dated July '15, 1940,' the' C. L-:0'-U. A. W.
requested the-Board-to hold s'u h'a run-off''election.
The ''results of'',this election' show that' no collective -bargaining
representative has -been, selected by atmajori'ty of-the pattern makers
at the Saginaw Malleable Division: The'petitioris for investigation
and certification of. representatives of the pattern•1 makers at ' this
plant will therefore be dismissed.'' , > , -I" i - ' • '
''" ln'its Decision' and •Directioii''of Elections," the Board' provided
that if a majority of the pattern makers'•at' any one of the, specified
Matter of Olin Corporation , Liberty Powder Company Division and United Explosive Workers of America,
Local No. 1, Independent Labor Organization , 23 N. L R B 1281
See footnote 1, supra
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-plants where separate elections were being held among the pattern
makers and among the production and maintenance employees chose
the Pattern Makers, such employees at each such plant would con
stitute a separate appropriate bargaining unit, and , further , that if
a majority of the pattern makers at any one of these plants chose the
C. , I. O.-U. A. W., they would constitute a separate appropriate
bargaining unit, except that where a majority of the production and
maintenance employees at any such plant, also chose the C. I. 0.-
U. A. W., then the employees in such craft and the production and
maintenance employees together would constitute a single appropriate
unit. The Board further provided that the production and mainte-
nance employees at each plant in which a majority thereof chose the
C. I. 0.-U. A. W., should constitute a single unit appropriate for the
purposes of collective bargaining , such unit to include also members
of any craft group at any such plant,-the majority of whom also chose
the C. I. -O.-U. A. W. unit in a craft election directed to be held
among them.
As the Board stated in its Supplemental Decision, Certification of
Representatives , Direction of Run-Off Elections , and Order,' the
C. I. O.-U. A. W. has been designated as the collective bargaining
representative of the production and maintenance employees at the
Saginaw Malleable Division . The Board , however, withheld its de-
termination of the appropriate unit and its certification of the C. I. 0.-
U. A. W. with regard to this plant until it was determined whether or
not the pattern makers desired to be included in the same unit as
the production and maintenance employees . The Board , having
determined to dismiss the petition for investigation and certification
of the pattern makers at this plant, will proceed to certify the C. I.0.-
U. A. W. as the representative of the production and maintenance
employees, excluding the pattern makers.
Upon the entire record in these cases , the Board makes the following:
SUPPLEMENTAL FINDINGS OF FACT
We find that the following groups of employees of General Motors
Corporation constitute units appropriate for the purpose of collective
bargaining, and that said units will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act:
(1) Production and maintenance employees , and mechanical
employees in engineering department shops, excluding direct repre-
sentatives of the management , such as officers and directors of the
Company, sales managers and assistant sales managers , factory man-
agers and assistant factory managers , directors and employees of sales,
See footnote 3, supra.
GENERAL MOTORS CORPORATION 65
accounting, Personnel and Industrial Relations Departments, directors
of purchases and assistant directors of purchases, superintendents, and
assistant superintendents, general foremen; foremen and assistant
foremen, and all other persons working in a supervisory capacity, in-
cluding 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 (but not to include
maintenance patrolmen or fire patrolmen), all clerical employees,
chief engineers and shift-operating engineers in power plants, design-
ing (drawing board), production estimating and planning engineers,
draftsmen and detailers, physicists, chemists, metallurgists, artists,
designer-artists, and clay and plaster modelers (but not those who
make patterns), timekeepers,, technical school students, indentured
apprentices, and those technical or professional employees` who are
receiving special training, kitchen and cafeteria help, employed by the
Company at each of the following plants:
Chevrolet Motor Division; Baltimore, Maryland.
Fisher Body Division (Plant #40), Detroit, Michigan.
(2) Production and maintenance employees, and mechanical
employees in engineering department shops, excluding wood pattern
makers and model makers, working on bench or machine (but not
shaper hands), metal pattern makers working on bench or machine,
model and pattern checkers, keller model "set-up men, and the: appren-
tices of these classifications, direct representatives of the management,
such as officers and,;;directors of the Company, sales managers and
assistant sales managers, factory managers and assistant factory man-
agers, 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 foremen, and all other persons
working in a supervisory capacity, including those having the right
tohire 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 (but not to include maintenance patrolmen 'or fire patrol-
men), all clerical employees, chief engineers and shift-operating engi-
neers in power plants, designing (drawing board),, production estimat-
ing and planning engineers, draftsmen and detailers, physicists,
chemists, metallurgists, artists, designer-artists and clay and plaster
modelers, timekeepers, technical school students, indentured appren-
tices, and those technical or professional employees who are receiving
special training, kitchen and cafeteria help, employed by the Company
at the Saginaw Malleable Division, Saginaw, Michigan.
66 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
SUPPLEMENTAL CONCLUSIONS OF LAW
The following groups of employees of General Motors, Corporation
constitute units appropriate for the purposes of collective bargaining,
within the meaning of Section 9, (b) of the National Labor Relations
Act:
(1) The employees in the work classifications set forth in paragraph
(1) of the foregoing Supplemental Findings of Fact, at each of the
following plants:
Chevrolet Motor Division, Baltimore, Maryland. ' ' -
Fisher Body Division (Plant #40), Detroit, Michigan.
(2) The employees in the work classifications set forth in paragraph
(2) of the foregoing Supplemental Findings of Fact at the Saginaw
Malleable Division, Saginaw, Michigan.
CERTIFICATION OF 'REPRESENTATIVES '
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, Sections 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 C. I. O., 'has been designated and se-
lected by a majority of all the production and maintenance em.
ployoes, and mechanical employees in engineering' department shops,
excluding direct representatives of the management, such as officers
and directors of the Company, sales managers and assistant sales man-
agers, factory managers and assistant factory managers, directors and,
employees of sales, accounting, Personnel and Industrial Relations De-
partments, directors of purchases and assistant directors of purchases
superintendents and assistant superintendents, 'general ' foremeii,
foremen and assistant foremen; and 'all other persons working in a
supervisorycap'acity, including those having the-right to hire or'dis=
charge 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 'mcn; plant' protection employee's (biit
not to include maintenance patrolmen or fire'patrol'nen),' all clerical
employees, chief ' engineers and shift-operating engineers in 'power
plants, designing '(drawing board), production estimating'and planning
engineers, draftsmen and detailers, 'physicists, chemists, metallur-
gists, artists, designer-artists, and clay and plaster modelers (but
not those who make patterns), timekeepers, technical school students,
indentured apprentices, and those technical -or professional employees
(i , -,GENERAL MOTORS-,CORPORATION 67,
who are receiving special training, kitchen and cafeteria help, em-
ployed by the Company at each of the following plants:
Chevrolet Motor Division, Baltimore, Maryland.
Fisher Body Division (Plant #40), Detroit, Michigan.
tis their representati've for, the purposes of collective bargaining, and
that, pursuant' to the provisions of Section (a) of the National La-
bor'Relations Act, 'International Uuiou United' Automobile Workers
of'Anierica affiliated with the C. I. 0., is the exclusive'representative
of all .such employees at each of the above-named `plants for the pur-
poses of . collectii e bargaining in respect to rates. 'of.'pay, wages,
hours of work, and other conditions of employment; and it is further
CERTIFIED that International Union, United Automobile Workers
of America, affiliated with the C. 'I..0.; has been designated and
selected by a majority of all the production and maintenance•em=
ployees, and mechanical employees in engineering, department shops,
excluding-wood pattern makers and model makers, working on bench
or machine (but not shaper hands), metal pattern makers working on.
bench or machine, model and pattern checkers, keller model set-up
men, and the apprentices of these classifications, direct representa-
tives of the management, such as officers and directors of the Company,
sales managers and assistant sales managers, factory managers and
assistant factory managers, directors and employees of sales, account-
ing, Personnel and Industrial Relations Departments, directors of
purchases and assistant directors of purchases, superintendents and
assistant superintendents, general foremen, 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 (but not to include main-
tenance patrolmen or fire patrolmen), all clerical employees, chief
engineers and shift-operating engineers in power plants, designing
(drawing board), production estimating and planning engineers,
draftsmen and detailers, physicists, chemists, metallurgists, artists,
designer-artists and clay and plaster modelers, timekeepers, technical
school students, indentured apprentices, and those technical or pro-
fessional employees who are receiving special training, kitchen and
cafeterial help, employed by the Company at the Saginaw Malleable
Division, Saginaw, Michigan, as their representative for the purposes
of collective bargaining, and that, pursuant to the provisions of Section
9 (a) of the National Labor Relations Act, International Union, United
Automobile Workers of America, affiliated with the C. I. 0., is the
exclusive representative of all such employees at each of the above-
named plants respectively for the purposes of collective bargaining in
68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respect to rates of pay, wages, hours of work, and other conditions of
employment.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petitions for investigation and
certification of representatives of the pattern makers employed by
General Motors Corporation at the ' Saginaw Malleable Division,
Saginaw, Michigan, be, and they hereby are, dismissed.
MR. EDWIN S. SMITH, dissenting in part:
For the reasons expressed in my concurring opinions in Matter of
R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co., and
Independent Employees Organization,1° I would direct a run-off election
among the pattern makers at the Saginaw Malleable Division, and
would drop the "neither" from the ballot.
IU 22 N. L. R. B 465.
1