General Motors Corp.

National Labor Relations Board - Board Decisions

Sep 16, 1940

27 N.L.R.B. 272 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS CORPORATION , RESEARCH LABORA-
TORIES DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-2012. Decided September 16, 1940
Jurisdiction : automobile industry. -
Investigation and Certification of Representatives : stipulation as to existence
of question concerning representation and the necessity for an election to
resolve the question.
Unit Appropriate for Collective Bargaining : processing and maintenance em-
ployees with specified inclusions and exclusions; stipulation as to.
Mr. Carlos J. Jolly, Mr. A. F. Power, Mr. Denton Jolly, and Mr.
R. C. Carson, of Detroit, Mich., for the Company.
Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich.,
for the C. I. O.-U. A. W.
Mr. Lewis F. Brady, of Detroit, Mich., for the M. E. S. A.
Mr. Louis-Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 21, 1940, International Union, United Automobile Workers
of America, affiliated with the Congress of Industrial Organizations,
herein called the C. I. O.-U. A. W., filed with the Regional Director
for the Seventh Region (Detroit, Michigan) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees ' of General Motors Corporation, Research
Laboratories Division, Detroit, Michigan, herein called the Company,
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 July 10, 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, as amended,
27 N. L. R. B.. No. 58. - .'
272
GENERAL MOTORS CORPORATION 273
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On August 13, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
C. I. O.-U. A. W. Pursuant to the notice, a hearing was held on
August 20, 1940, at Detroit, Michigan, before Oscar Grossman, the
Trial Examiner duly designated by the Board. During the hearing
the Trial Examiner granted a motion to intervene filed by Mechanics
Educational Society of America, herein called the M. E. S. A., a
labor organization claiming to represent employees directly affected
by the investigation. The Company, the C. I. O.-U. A. W., and
the M. E. S. A. were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-ex-
amine 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 other motions and on" objections
to the admission of evidence. The Board has reviewed all the rul-
ings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
A stipulation of the parties was read into the record during the
hearing. It provides as follows :
International Union, United Automobile Workers of Amer-
ica, affiliated with the C. I. 0., hereinafter called C. I. O.-U. A.
W., a party herein; Mechanics Educational Society of America,
hereinafter called M. E. S. A., 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 purposes of collective bargaining, and
the parties desire the earliest possible determination of such
representation in said plant as evidenced by the petition filed by
the C. I. O.-U. A. W.
II. The introduction of testimony bearing upon the ultimate
and final disposition of the issues in this -proceeding would
necessarily 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 considerations above set forth, and accord-
ingly is being executed for the purpose of this proceeding only
and shall not be considered as a precedent applicable in ' any
323423-42-v o1 27--19 -
274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
other proceeding before the National Labor Relations Board to
which any of the parties hereto shall be a party. -
It is therefore stipulated and agreed by the parties hereto as
follows :
A. The Board shall conduct an election among all processing
and maintenance employees who were in the employ of or on
the seniority list of the General Motors Corporation at the plant
of its Research Laboratories Division, located at 485 West Mil-
waukee Avenue, Detroit, Michigan, during the pay period, in
which August 17,* 1940, fell, excluding, however, direct repre-
sentatives of the management, such as officers and directors of
the company, sales managers and assistant sales managers, fac-
tory managers and assistant factory managers, directors and
employees of sales, accounting, personnel, and industrial rela-
tions departments, directors of purchases and assistant directors
of purchases, superintendents and assistant superintendents, gen-
eral foremen, foremen and assistant foremen, and all other per-
sons 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,
pattern makers, designing (drawing board) production, esti-
mating and planning engineers, draftsmen, and detailers, physi-
cists, chemists, metallurgists, artists, designers, designer-artists,
and clay and plaster modelers (but not those who make pat-
terns), timekeepers, technical school students, and those technical
or professional employees who are receiving special training,
to determine whether they desire to be represented by the C. I.O.-
U. A. W., M. E. S. A., or neither. In this election, the ballot
shall provide for a choice between "C. I. O.-U. A. W.", "M. E.
S. A.", and "Neither."
B. 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 :
C. The General Motors Corporation was originally a holding
corporation, owning-all or substantially all of the stock of sub-
sidiary corporations engaged iri the manufacture of different
products and in selling the same. In a few additional instances,
General Motors Corporation also owned a minority stock -in-
terest in other manufacturing corporations. Over a period of
years,' either through liquidation of or purchase from these
GENERAL MOTORS CORPORATION 275
wholly owned subsidiaries engaged in manufacturing operations,
General Motors Corporation itself took over and engaged in
the manufacturing operations of substantially all of these wholly
owned subsidiaries, without, however, disturbing or affecting the
independence of the management of the plants or operations in-
volved, the diversification of the products of these separate oper-
ations, or to any material extent, the physical locations thereof.
As a result, General Motors Corporation maintains today a
decentralized management for its respective plants. It main-
tains plants in 42 cities, in 12 states, from Connecticut to Cali-
fornia. It manufactures and processes a wide variety of prod-
ucts, turning out in some plants as many as 1,200 different items,
and it engages in a number of businesses, many of which are
of dissimilar nature.
D. At some time late in April, 1940, the International Union,
U. A. W.-C. I. 0., instituted organizational activities among the
maintenance and processing employees at the plant of the
Research Division of General Motors Corporation.
On March 12, 1937, a written agreement was entered into
between the corporation and the International Union-U. A. W.
on behalf of its members in some of the other plants of General
Motors Corporation. Supplemental agreements were entered
into from time to time as a result of a continuing bargaining
relationship between the corporation and the International
Union-U. A. W. on behalf of such members.
E. That in 1933 the M. E. S. A., Local No. 6 (independent)
initiated organizational activity among processing and mainte-
nance employees at the plant of the Research Laboratories Divi-
sion of the General Motors Corporation or its predecessor, Gen-
eral Motors Research Corporation. For several years past, in
connection with collective bargaining negotiations, adjustments
and adaptations have been made and carried on between the
Al. E. S. A., acting for its member employees of the Research
Laboratories Division of General Motors Corporation or its
predecessor, and the local management of the plant of the Re-
search Laboratories Division of General - Motors Corporation,
or its predecessor.
F. For the past several years, in ' connection with collective
bargaining, adjustments- and adaptations have been made and
carried on between C. I. O.-U. A. W. and committees and repre-
sentatives thereof; acting for its member employees of some
other plants of the General Motors Corporation and the local
management of these plants, as well as by representatives of
the' C. I. O.-U. A. W., acting for its member employees, with
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the industrial relations staff of General Motors Corporation at
its central office in Detroit, Michigan, on issues common to many
plants.
G. The parties hereto agree that the method of determining
the appropriate unit herein agreed to is proper under th6 cir-
cumstances. The history, extent and type of organization of
the employees in the respective plants of the General Motors
Corporation, the history of their collective bargaining, consider-
ations of skill and working conditions of certain 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
defined in the present labor relations of the employees'of Gen-
eral Motors Corporation and management thereof.
H. In order to clarify any misunderstanding that may arise
as to the bargaining procedure to be followed after the National
Labor Relations Board has determined the bargaining unit and
has certified the exclusive bargaining agent in this plant, the
parties further , stipulate:
I. The parties hereto accept the principle of the present appeal
procedure being followed in connection 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 Inter-
national Unions.
J. The industrial relations staff of General Motors Corpora-
tion will negotiate collectively with the officers of the unions
certified as the exclusive bargaining agency of a bargaining
unit in this plant, on such issues as are common to the employees
in this bargaining unit and in bargaining u,iits in one oq more
other plants in which the union certified as exclusive bargaining
agency for a bargining 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 nego-
tiations subsequent to the election, designation and certification
by the Board.
LABOR ORGANIZATIONS
K. Each of the parties hereto acknowledges and agrees that,
the unions named herein are labor organizations within the
meaning of Section 2 (5) of the National Labor Relations Act,
in that such organizations exist in whole or in part for the pur-
GENERAL MOTORS CORPORATION 277
pose of dealing with employers concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment and conditions
of work, and that such organizations claim jurisdiction over the
employees in the bargaining unit hereinbefore claimed and
described.
QUESTION CONCERNING REPRESENTATION
L. Each of the unions herein claim to represent a majority of
the employees in the bargaining unit hereinbefore described, and
all parties hereto acknowledge and agree that the unions herein
have made demands upon the General Motors Corporation for
the right exclusively to bargain for the employees of the General
Motors Corporation, Research Laboratories Division, within the
bargaining unit hereinbefore described, and that such demands,
have been refused.
M. It is further stipulated that in the event the National Labor
Relations Board accepts this stipulation in its entirety and bases
its findings and orders 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.
N. In the event that the National Labor Relations Board finds
or rules that the M. E. S. A. should not have been permitted by
the Trial Examiner to intervene in this proceeding, and/or that
its name should not appear on the ballot referred to in Para-
graph A above, then such finding or ruling shall not affect this
stipulation, except as so modified by said finding or ruling, and
in such event the ballot provided for in Paragraph A shall be
modified to provide for a choice between "C. I. O.-U. A. W." and
"No union".
The Board hereby approves the stipulation. On September 3 and 6,
1940, respectively, the C. I: O.-U. A. W. and the M. E. S. A. filed
briefs which the Board has considered.
Upon the entire' record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Motors Corporation is a Delaware corporation with its
principal business offices in New York City. For business reasons
the Company functions with several unincorporated divisions, one of
which is the Research Laboratories Division, which operates depart-
ments at 485 West Milwaukee Avenue, Detroit, Michigan. The Re-
search Laboratories Division' of the Company is engaged in develop-
ment and research work for other unincorporated divisions of the
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company, and incidental the and for the purposes of stabilizing
employment, manufactures tools, jigs, small dies, fixtures, and balanc-
ing machines. Over the period of an average year approximately
70 per cent of the work and business of the Research Laboratories
Division involves development and research work resulting in reports,
recommendations or information which are forwarded to unincor-
porated 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 located outside the
State of Michigan. ,
During 1939, an average year, approximately 30 per cent of the
work and business of the Research Laboratories Division consisted
of the manufacture of tools, jigs, small dies, fixtures, and balancing
machines. Approximately 50 per cent in value of the productive ma-
terials, including raw materials, used in the manufacturing operations
of the Research Laboratories Division were obtained from sources
outside the State of Michigan, and approximately 25 per cent of the
products manufactured by the Research Laboratories Division are
shipped by it to points outside the State of Michigan.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of America, is
a labor organization affiliated with the Congress of Industrial Organi-
zations. It admits to membership employees of the Company.
Mechanics Educational Society of America is an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION 'CONCERNING REPRESENTATION
It was stipulated at'the hearing, and we find, that the C. I. 0.-
U. A. W. and the M. E. S. A. have requested exclusive recognition
as the bargaining representatives of the employees of the Research
Laboratories Division but that such demands have been refused by
the Company. It was further stipulated, and we find, that a ques-
tion has arisen concerning the representation of employees of the
Research Laboratories Division of the Company. I
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.
GENERAL MOTORS CORPORATION ^ 279
V. DETERMINATION OF REPRESENTATIVES AND THE APPROPRIATE UNIT
We find that the question concerning representation which has
arisen can be best resolved by an election by secret ballot among the
employees described below.
The' C. I. O.-U. A . W. objects to the appearance of the M. E. S. A.
on the ballot in the election on the ground that that M. E. S. A. does
not show a substantial interest in these proceedings . An election
was conducted among the employees of the Research Laboratories
Division on April 17, 1940, the ballot containing only the name of
the M. E. S. A. The results of the election show that 95 employees
voted for and 97 employees against the M. E. S. A. At the hearing
in this case , the Al . E. S. A. introduced in evidence 142 membership
application cards. These cards were all signed prior to the April 17,
1940, election. The C. I. O.-U.' A. W. introduced in evidence 174
membership application cards all signed subsequent to the April 17,
1940, election . There are approximately 194 employees in the appro-
priate unit . We find that the M . E. S. A. should be accorded a place
on the ballot.
We shall direct that an election be held among all processing and
maintenance employees who were in the employ of or on the seniority
list of the General Motors Corporation at the plant of its Research
Laboratories Division , located at 485 West Milwaukee Avenue, De-
troit, Michigan, during the pay-roll period in which August 17, 1940,
fell , 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, di-
rectors 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 work-
ing 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 pro-
tection employees (but not to include maintenance patrolmen or fire
patrolmen ), all clerical employees , pattern makers , designing (draw-
ing board ) production , estimating and planning engineers , drafts-
men, and detailers , physicists , chemists , metallurgists , artists, design-
ers, designer -artists, and clay and plaster modelers (but not those
who make patterns ), timekeepers , technical school students , and those
technical or professional employees who are receiving special training,
to determine whether they desire to be represented by the C. I. 0.-
U: A. W. or the M. E. S. A. In this election the ballots shall provide
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for a choice between "C . I. O.-U. A. W." and "M . E. S. A." and
"NEITHER."
Upon the basis of the above findings of fact, stipulation , and 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 General Motors Corporation , Research
Laboratories Division, Detroit, Michigan, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All processing and maintenance employees of General Motors
Corporation at the plant of its Research Laboratories Division,
located at 485 West Milwaukee Avenue, Detroit, Michigan, excluding
direct representatives of the management, such as officers and direc-
tors of the Company, sales managers and assistant sales managers,
factory managers and assistant factory managers, directors and em-
ployees of sales , accounting , personnel , and industrial relations de-
partments, directors of purchases and assistant directors of purchases,
superintendents and assistant superintendents , general foremen, fore-
men and assistant foremen, and all other persons working in a super-
visory capacity, including those having the right to hire or discharge
and those whose duties include recommendation as to hiring or dis-
charging (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, pattern makers, designing (drawing board) production,
estimating and planning engineers, draftsmen, and detailers, physi-
cists, chemists, metallurgists, artists, designers, designer-artists; and
clay and plaster modelers (but not those who make patterns), time-
keepers, technical school students, and those technical or profes-
sional employees who are receiving special training, 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 ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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
GENERAL MOTORS CORPORATION 281
bargaining with General Motors Corporation , Research Laboratories
Division, Detroit, 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 supervision
of the Regional Director for the Seventh 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 all
processing and maintenance employees who were in the employ of
or on the seniority list of General Motors Corporation at the plant
of its Research Laboratories Division, located at 485 West Mihvau-
kee Avenue, Detroit, Michigan, during the pay-roll period in which
August 17, 1940, fell, excluding direct representatives of the man-
agement, such as officers and directors of the Company , sales man-
agers and assistant sales managers, factory managers and assistant
factory managers, directors and employees of sales, accounting, per-
sonnel, 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 mainte-
nance patrolmen or fire patrolmen ), all clerical employees, pattern
makers, designing (drawing board) production, estimating and plan-
ning engineers, draftsmen, and detailers, physicists, chemists, metal-
lurgists, artists, designers, designer-artists, and clay and plaster
modelers (but not those who make patterns ), timekeepers , technical
school students , and those technical or professional employees who
are receiving special training, to determine whether they desire to be
represented by C. I. O.-U. A. W. or by M. E. S. A. for the purposes
of collective bargaining, or by neither.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
October 29, 1940
On September 16, 1940, the National Labor Relations Board,
herein called the Board; issued a Decision and Direction of Election
in the above-entitled proceeding. Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on October 15, 1940,
under the direction and supervision of the Regional Director for the
282 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
Seventh Region .(Detroit, Michigan). On October 16, 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 objections to the conduct of the ballot or
the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list______________________________________ 222
Total ballots cast___________________________________________ 191
Total ballots challenged_____________________________________ 0
Total blank ballots________________________________________ 0
Total void ballots -------------------------------------------- 0
Total valid votes cast______________________________________ 191
Votes cast for M. E. S. A____________________________________ 12
Votes cast for C. I 0 -U. A. W______________________________ 168
Votes cast for neither_____________________________________ 11
By virtue of and pursuant to the power vested in,the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 Automo-
bile Workers of America, affiliated with the Congress of Industrial
Organizations, has been designated and selected by a majority of all
processing and maintenance employees at the Research Laboratories
Division of General Motors Corporation, excluding direct representa-
tives of the management, such as officers and directors of the Com-
pany, 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 production employees (but not to include
maintenance patrolmen or fire patrolmen), all clerical employees,
pattern makers, designing, (drawing board) production, estimating
and planning engineers, draftsmen, and detailers, physicists, chem-
ists, metallurgists, artists, designers, designer-artists, and clay and
plaster modelers (but not those who make patterns), -timekeepers,
technical school students, and those technical or professional em-
ployees who are receiving special training, as their representative for
GENERAL MOTORS CORPORATION 283
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 Organizations,
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.
27 N. L. R. B., No. 58a.