General Motors Corp.

National Labor Relations Board - Board Decisions

Nov 4, 1940

27 N.L.R.B. 1196 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS,COREORATION ahhd INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH
THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-2078.-Deckled November 4.,1940'
Jurisdiction : automobile accessory manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition to union ; election necessary
Unit Appropriate for Collective Bargaining : all production and, maintenance
employees including shift operating engineers, excluding, however, direct repre-
sentatives-of management, clerical and supervisory employees, control men,
and plant protection employees (but not to exclude from the unit maintenance
patrolmen or fire patrolmen.)
Suggestion by the Company that the words "hourly rated" be used in the
description of all employees within the unit upon the scope of which the
parties were apparently in agreement not followed by the Board where
it appeared that the use of such words might prejudice the course of future
bargaining between the Company and the Union.
Mr. John Thomas Smith, by Mr. Kevin Melvwrney, of New York
City, for the Company.
Sugar and Goodman, of Detroit, Mich., and Liebman, Robbins,
Pressman d Leider, of New York City, by Mr. Harold I. Camnner, for
the Union.
Mr. Ben Law, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 13,1940, International Union, United Automobile Work-
ers of America, affiliated with the Congress of Industrial Or-
ganizations, herein called the Union, filed with the Regional Director
for the Second Region (New York City) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of General Motors Corporation, Inland Manufactur-
ing Division, Clark Plant, Rahway, New Jersey, herein called the
Company, and requesting an investigation and certification of repre-
27 N. L. R. B., No. 196.
1196
GENERAL MOTORS, CORPORATION 1197
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On September 27, 1940, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued an order directing an investigation and authorizing
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On October 2, 1940; the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to the notice, a 'hearing was held on October 4, 1940, at
New York City, before Mark Lauter, the Trial Examiner duly desig-
nated by the Board.' The Company and the Union were represented
by counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. The Trial
Examiner granted a motion made by the Union during the hearing to
amend its petition. During the course of the hearing the Trial Ex-
aminer made several other rulings upon motions and objections to
the admission of evidence. The Board has reviewed all the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Motors Corporation, a Delaware corporation having its prin-
cipal offices and places of business in New York City and Detroit,
Michigan, maintains at Rahway, New Jersey, a plant known as the
Clark Plant of the Inland Manufacturing Division. The Company
is engaged at its Clark Plant in the manufacture, sale, and distribution
of rubber products and "parts and accessories for automobiles. Be-
tween August,1939 and the last of July 1940 the Company purchased
for use at its Clark'Plant raw materials valued at about $1,114,842, of
which 80 per cent had their source outside New Jersey. During the
same period the gross volume of sales of finished products from the
Clark Plant amounted to about $1,683,251, of which 78 per cent repre-
sented goods shipped outside New Jersey. The Company agrees that
it is engaged in commerce within the meaning of the Act.
1 By stipulation entered into at the hearing, the parties expressly waived notice of hearing.
in this proceeding.
- 1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
International Union, United Automobile Workers of America is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees at the Clark Plant of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing the Company and the Union stipulated that the latter
has requested the former to bargain with it collectively_ for the em-
ployees at the Clark Plant and that the Company has refused such
request unless and until the Union shall be certified by the Board _as
the representative of a majority of such employees in an appropriate
unit. The Company and the Union agreed that a question concerning
representation has arisen. There was introduced in evidence a state-
ment prepared by the Regional Director showing that the Union repre-
sents.a substantial number of employees in the unit hereinafter found
to be appropriate.2
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.- THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees of
the Company at its Clark Plant, including shift operating engineers,
2 In her statement the Regional Director reported :
(a) that the Union had submitted for her inspection 124 signed cards containing
applications foi membership in the Union and authorizing it to act as collective
bargaining representative for the signers;,
(b) that 39 of the cards were dated in May, June, or August of 1940 and 85 were
undated ;
(c) that all of the 124 signatures attached to the 124 cards appear to be genuine
and original , and
(d) that 117 of the 124 signatures are the names of persons listed on the Com-
pany's pay roll of August 31, 1940, which pay roll lists 233 names of persons within
the appropriate unit claimed by the Union
The statement by the Regional Director was introduced in evidence pursuant to a
stipulation entered' into by the parties on October 15, 1940, and an order by the Board,
under date of October 18, 1940, making the stipulation and the statement a part of
the record.
GENERAL MOTORS CORPORATION 1199
excluding, however, direct representatives of management, clerical and
supervisory employees, control men, and plant protection employees
(but not to exclude from the unit maintenance patrolmen or fire patrol-
men), constitute a unit appropriate for the purposes' of collective bar-
gaining. It seems clear from the record that the Company does not
affirmatively object to the specific inclusions-or exclusions contended
for by the Union. At the hearing, however, it urged that in order
to avoid any misunderstanding as to the scope of the unit at any elec-
tion which ' might be ordered the • words "hourly rated" should be
inserted between the words "all" and "production" in the description
of the unit as set forth above. The Union objects to the use of the
words "hourly rated" in the description of the appropriate unit on the
ground, among others, that such words might prejudice the course of
possible future bargaining in the event the Union should seek to have
employees in the unit shifted from an hourly to a weekly rate of pay.
The evidence establishes that all of the employees within the unit
sought by the Union, as well as various others expressly excluded from
such unit, are paid on an.hourly basis. Under these circumstances we
are unable to see how the use of words "hourly rated" in the description
of a. unit upon the scope of which the parties are apparently, in sub-
stantial agreement would serve any useful purpose. The contention
of the Union that the use of such term might prejudice possible future
collective bargaining appears to be reasonable.
We find that all production and maintenance employees of the Com-
pany at its Clark-Plarrt, including shift operating engineers, excluding,
however, direct representatives of management, clerical and super-
visory employees, control men, and plant protection employees (but
not to exclude from the unit maintenance patrolmen or fire patrolmen),
constitute a unit appropriate for the purposes of collective bargaining,
and that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company and the Union entered into a stipulation at the hear-
ing in which they requested the Board to hold an election among the
employees in the appropriate unit, using the Company's pay roll of the
pay day immediately preceding the date of the direction of election
to determine the eligibility of those to participate.
We find that the question concerning representation which has arisen
can best be resolved by holding an election by secret ballot. We shall
direct that such an election 'be held. The persons eligible to partici-
pate in the election shall be the employees in the appropriate unit who
1200 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
were employed during the pay-roll period next preceding this Direc-
tioin, including employees who did not work during such pay-roll
period because they were ill or on vacation and employees who were
then or have since been temporarily laid off , but excluding those who
have since quit or been discharged for cause.
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 General Motors Corporation , Inland.Manu=
facturing Division, Clark Plant, Rahway, New Jersey, within the
meaning of Section 9 (b) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
its Clark Plant, including shift operating engineers , excluding, how-
ever, direct representatives of management, clerical and supervisory
employees, control men, and plant protection employees (but not to
exclude from the unit maintenance patrolmen or fire patrolmen ),•con-
stitute 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 theNational 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
DIRECTrD that , as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
General Motors Corporation , Inland Manufacturing Division, Clark
Plant, Rahway, New Jersey, an election 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 Second 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 production
and maintenance employees of the Company at its Clark Plant who
were employed by the Company during the pay-roll period next pre-
ceding the date of this Direction, including shift operating engineers,
employees who did not work during such pay-roll period because they
were ill or on vacation and employees who were then or have since
been temporarily laid off , excluding , however, direct representatives of
management , clerical and supervisory employees , control men, plant
GENERAL MOTORS CORPORATION 1201
protection employees (but not to exclude from the unit maintenance
patrolmen or fire patrolmen), and,employees who have since quit or
been discharged for cause, to determine whether or not they wish to
be represented for purposes of collective bargaining by International
Union, United Automobile Workers of America, affiliated with, the
Congress of Industrial Organizations.3,
3 At the hearing the Union asked that It be designated on the ballot in any election which
might be directed as IUUAWA (CIO). The Company stated that it raised no objection
to the Union being so designated . The request of the Union will be granted.
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