General Motors Corp.

National Labor Relations Board - Board DecisionsDec 20, 1940

28 N.L.R.B. 744 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS CORPORATION and INTERNATIONAL UNION, U. A. W. A., AFFILIATED WITH THE-A. F. L. ' In the Matter of GENERAL MOTORS CORPORATION and PATTERN MAKERS LEAGUE OF NORTH AMERICA, AFFILIATED WITH THE A. F. L. In'the Matter of GENERAL MOTORS CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE; WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. In the Matter of GENERAL MOTORS CORPORATION and LOCAL 1411, INTERNATIONAL ASSOCIATION OF MACHINISTS (A'. F. of L' ) Cases Nos. R-1721 to. R-1731, inclusive AMENDMENT TO CERTIFICATION OF REPRESENTATIVES - December 20, 1940 On May 29, 1940, the National Labor Relations Board, herein called the Board , issued a Supplemental Decision , Certification of Represent- atives, Direction of Run-Off Elections , and Order 1 in this proceeding, in which, among other things , the Board certified that Lodge 1411, International Association of Machinists , affiliated with the National Die Sinkers Conference ( A. F. L.), herein called Lodge 1411, had been designated and selected by a majority of the ' impression die sinkers and persons in certain allied work categories employed by General Motors ' Corporation at the Buick Motor Division , Flint, Michigan ,-as their representative for the purposes of collective bargain- ing and that , pursuant to Section ,9 (a) of the National Labor Rela- tions Act , 49 Stat. 449 , Lodge 1411 is the exclusive representative of all such employees for the purposes of collective bargaining. On October 30, 1940, a petition bearing 82 signatures was filed with the Board , through the Regional Director for the Seventh Region (Detroit, Michigan ). The petition alleged that the signers, being former members of Lodge 1411, having disaffiliated from the Interna- tional Association of Machinists, and now operating as a chartered lodge , of the International Die Sinkers ' Conference , do petition the Board "to change the title of certification of the Die Sinkers' unit 1 24 N L R B 159 28 N. L R B, No 112 744 GENERAL MOTORS CORPORATION 745 at the Buick Motor Company to Flint Die Sinkers' Lodge #20 of the International Die Sinkers' Conference." On November 27, 1940, the Board, having construed said petition as a representation that Lodge 1411 had changed its name and affilia- tion and desired the Board to amend its Certification of Representa- tives by substituting therein the new name of Lodge 1411, caused all parties to be notified that they had permission to file with the Board, not later than Friday, December 13, 1940, affidavits and written argu- ment in support thereof, stating why the Board should riot amend its Certification of Representatives in the manner described. No party has filed any such affidavit or written argument. The Board hereby amends its said Certification of Representatives by striking therefrom the words "Lodge 1411, International Associa-, tion of Machinists, affiliated with the National Die Sinkers Conference (A. F. L.)," where they appear, and substituting therefor the words "Flint Die Sinkers' Lodge #20 of the International Die Sinkers' Conference." [SAME TITLE] FIFTH SUPPLEMENTAL DECISION DIRECTION OF -ELECTION AND CERTIFICATION OF REPRESENTATIVES December 01, 1940 On February 28, 1940, the National'Labor Relations Board, herein called the Board, -issued a Decision and Direction of Elections 1 in this proceeding in which, among other things, the Board directed that elections by, secret ballot be conducted under the direction and supervision of the Regional Director for the Seventh Region, (1) among all production and maintenance employees of General Motors Corporation, herein called the Company, at Chevrolet Motor Division Forge Plant, Detroit, Michigan, in certain enumerated categories, and with certain exclusions, to determine whether they desired to'be rep- resented by International Union, United Automobile Workers of America, affiliated with the A. F. of. L., herein called the U. A. W.- A. F. L., or by International Union United Automobile Workers of America, affiliated with the C. I. 0., herein called the U. A. W.- C. I. 0., for the purposes of collective bargaining, or by neither, and (2) among all impression die sinkers and persons in certain allied work categories employed by the Company at said plant to determine whether they desired to. be so represented by Lodge 1217, Interna- 1 20 N L R B. 950 746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tional Association of Machinists, affiliated with the National Die Sinkers Conference (A. F. L.), herein called Lodge 1217, or by the U. A. W.-C. I. 0., or by neither, and in which, among other things, the Board provided that if a majority of the said production and maintenance employees- chose the U. A. W.-A. F. L. or the U. A. W.- C. I. 0., they would constitute an appropriate unit for the purposes of collective bargaining, and that if a majority of said impression die sinkers chose Local 1217 or the C. I. O.-U. A. W.,they would con- stitute a, separate appropriate bargaining unit, except that if a majority in both said groups chose the U. A. W.-C. I. 0., then the two groups together would constitute a single appropriate unit. Pursu- ant to the Direction such elections were duly held on April 17, 1940, at Detroit, Michigan, under the direction and supervision of the Re- gional Director. Thereafter the Regional Director duly reported the results of the said elections, as follows : PRODUCTION AND MAINTENANCE EMPLOYEES Total Valid all ballots votes only 1. Total on eligibility list---------------------- 2,743 2. Total ballots cast--------------------------- 2,401 3. Total ballots challenged--------------------- 7 4. Total blank ballots-------------------------- 3 5. Total void ballots-------------------------- 9 6. Total valid votes cast----------------------- 2,382 2,382 7. Total number of votes for A. F. L -Interna- tional Union, United Automobile Workers of America---------------------------------- 134 8. Total number of votes for C. I. 0 -Interna- tional Union, United Automobile Workers of America --------------------------------- 1,907 9 Total number of votes for neither------------- 341 IMPRESSION DIE SINKERS 1. Total on eligibility list _ 2. Total ballots cast--------------------------- 3. Total ballots challenged--------------------- 4. Total blank ballots-------------------------- 5. Total void ballots --------------------------- 6. Total valid votes cast----------------------- 7. Total number of votes for Lodge 1217, Inter- national Association of Machinists, affiliated with the National Die Sinkers Conference (A. F. L.) -------------------------------- 8. Total number of votes for C. I. O.-Interna- tional Union, United Automobile Workers of America------------------------------- 9. Total number of votes for neither------------ 183 24 0 0 159 159 78 72 9 The Regional Director further reported that no objections had been filed to the conduct of said elections or to his respective reports GENERAL MOTORS CORPORATION 747 thereon,'and that as to the election among said impression die sinkers he was unable, because of an alleged ambiguity in' the unit provision- ally established in the Board's Direction of Elections, to rule upon the eligibility of twenty (20) persons whose ballots were challenged. On June 22, 19401 the Board issued a Second Supplemental Decision; Certification of Representatives, and Order 2 in this proceeding, in which, among other things,,the Board ordered that the Regional Di- rector provide for a supplemental hearing for the sole purpose of per- mitting the parties to introduce evidence which would enable the Board to clarify the definition of the die sinkers' unit provisionally established in the Board's Direction of Elections and which would enable the Board to determine the identity of all the employees com- prising such provisional unit, at the Chevrolet Motor Division Forge -Plant of the Company. Pursuant to the Board's Order hearing upon due notice was held on November 25, 1940, at Detroit, Michigan, be- fore Oscar Grossman, the Trial Examiner duly designated by the Board. The Company, the U. A. W.-C. I. O.,,and Detroit Die Sinkers Lodge No. 110, affiliated with the International Die Sinkers Confer- ence, herein called the Die Sinkers appeared by their representatives and participated in the hearing. Local 1217, although it had been duly served with notice, did not appear. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Die Sinkers offered proof to the effect that Local 1217 had severed its affiliation with the International Association of Machinists, affiliated with the American Federation of Labor, was now affiliated solely with the International Die Sinkers Conference, and had changed its name to that of the Die Sinkers, to wit, Detroit Die Sinkers Lodge No. 110. The Trial Examiner refused the offer of proof. On Decem- ber 7, 1940, the Board, having considered the matter and being of the opinion that it should accept the allegations of said offer of proof as true, caused all parties to be served with notice that the Board would take such action, inter alia, unless cause to the contrary should appear on or before December 16, 1940. No party has shown,-cause why such action should not be taken or otherwise opposed such action. Accord- ingly the Board hexeby reverses the ruling of the Trial Examiner in refusing said offer of proof, and accepts the allegations thereof as true. The Trial Examiner made no other rulings on motions or on objections to the admission of evidence. Upon the entire record in the case the Board makes the following,: 2 24 N. L. R. B. 159. '748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD SUPPLEMENTAL FINDINGS OF FACT I. THE APPROPRIATE UNITS A. The die sinkers unit At the hearing held on November 25, 1940, the parties stipulated that all lathe sinkers ( turning impression die sinkers on lathe or boring mills), die sinkers ( forging dies ), up set die sinkers, and tem- plet makers employed by the Company at its Chevrolet Motor Division Forge Plant, excluding supervisory or salaried employees and those whose work is of a confidential nature, constitute an appropriate bar- gaining unit . No reason appearing why the stipulation should be denied effect , the Board finds that said employees 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. B. The production and maintenance unit The parties further stipulated at the hearing that employees of the Company at said Chevrolet Motor Division Forge Plant , aggregating approximately 135 in number , engaged in making, building, and main- taining of forge trimmer or other dies and tools , but not including the aforementioned lathe sinkers ( turning impression die sinkers on lathe or boring mills ), die sinkers ( forging dies ), up set die sinkers, and templet makers are properly a part of the production and main- tenance unit at said plant . The Board will effectuate the foregoing stipulation of the parties. In accordance with the provisions of the Board's original Decision and Direction of Elections 8 in this proceeding , and pursuant to the result of the election held among the production and maintenance employees at the plant in question and the above stipulation, the Board finds that all production and' maintenance employees and me- chanical employees in engineering departments employed by the Com- pany at the Chevrolet Motor Division Forge Plant, including em• ployees engaged in making , building , and maintaining of forge trim- mer or other dies and tools, but excluding lathe sinkers (turning im- pression die sinkers on lathe or boring mills ), die sinkers ( forging dies), up set die sinkers, templet makers, direct representatives of the management , such as officers and directors of the Company, sales managers and assistant sales managers , factory managers and assist- ant factory mangers, directors and employees of sales, accounting, Personnel and Industrial Relations Departments , directors of pur-l 8 20 N L R B 950 GENERAL MOTORS CORPORATION 749 chases and assistant directors of purchases, superintendents and assist- ant 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 in- elude 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, 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, 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 other- wise effectuate the policies of the Act. II. .THE ,"' DETERMINATION OF REPRESENTATIVES A. The die sinkers' unit The parties stipulated at the November 25 hearing that the Board should conduct an'election amolig the employees in the stipulated die sinkers' unit who were in the employ of or on the list of the Chevrolet Motor Division Forge Plant during the pay period ending November 23, 1940. Counsel read into the record a list of 47 names and all parties agreed that the list contained the names of all persons eligible to vote.4 Counsel for the U. A. W.-C. I. 0. stated that that organi- zation does not desire to participate in the election to be held among employees in the die sinkers' unit. We shall accordingly direct that an election by secret ballot be held to determine whether or not the- persons in the die sinkers' unit desire to be represented by Detroit Die ,Sinkers Lodge No. 110 for the purposes of collective bargaining.5 B. The production and maintenance unit The parties further stipulated, and it appears, that if all the 'em- ployees engaged in making, building, and maintaining of foreign trim- • The names of eligibles appear in Appendix A. 50n December 7, 1940, the Board caused notice to, be served on all parties that unless cause to the contrary were shown on or before December 10, 1940, the Board would, for reasons stated in the notice , certify the Die Sinkers as the exclusive representative of the persons in the stipulated die sinkers unit. By letter dated December 14, 1940, the Com- pany protested the Board 's proposal to certify without an election . Upon due considera- tion the Board sustains the Company ' s protest. - 750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mer or other dies and tools who, pursuant to agreement at the hearing, are made part of the production and- maintenance unite had,voted against the U. A. W.-C. I. 0. the majority received by the U. A. W.- C. I. 0. in the election would not have been impaired. Accordingly, and inasmuch as the U. A. W.-C. I. 0. does not desire to participate in the election among the die sinkers, the Board will now certify that organization as the exclusive bargaining representative of all em- ployees in the production and maintenance unit. ' Upon the basis of the foregoing findings of fact, and upon the en- tire record in the case, the Board makes the following : ' SUPPLEMENTAL CONCLUSIONS OF LAW 1. All lathe sinkers (turning impression die sinkers on lathe or boring mills), die sinkers (forging dies), up set die sinkers, and templet makers employed by General Motors Corporation at its Chevrolet Motor- Division Forge Plant, excluding supervisory or salaried employees and those whose work is of a confidential nature, constitute a unit appropriate for the purposes of collective bargain- ing, within the meaning of Section 9 (b) of the National Labor Rela- tions Act. 2. All production and maintenance employees and mechanical em- ployees in engineering departments employed by General Motors Cor- poration at its Chevrolet Motor 'Division Forge Plant, including employees engaged in making, building, and maintaining of forge trimmer'or other dies and tools, but excluding lathe sinkers (turning impression die sinkers on lathe or boring mills), die sinkers (forging dies), up set die sinkers, templet makers, direct representatives of the management, such as officers and directors of the Company, sales managers and assistant sales managers, factory managers and assist- ant factory managers, directors and employees of sales, accounting, Personnel and Industrial Relations Departments, directors of pur- chases and assistant directors of purchases, superintendents and assist- ant superintendents, general foremen, foremen, and assistant fore- men, 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 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, 6 See Section I B, supra. GENERAL MOTORS CORPORATION- 751 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, 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 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 part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with General Motors Corporation, Detroit, Michigan, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days after 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 Rela- tions Board, and subject to Article III, Section 9, of said Rules-and Regulations, among all lathe sinkers (turning impression sinkers on lathe or boring mills), die sinkers (forging dies), up set die sinkers, and templet makers who were in the employ of or on the list of the Chevrolet Motor Division Forge' Plant during the pay period ending November 23, 1940' excluding supervisory or salaried eiployees and those whose work is of a confidential nature,7 to determine whether or not they' desire to be represented by -Detroit Die Sinkers Lodge No. 110, affiliated with the International Die Sinkers Conference,,for the purposes of collective bargaining. 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 Stai. 449, and pursuant to Article III, Sections,S• 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 C'. I. 0., has been, desig- nated and selected by a, majority of all the production and mainte- nance employees and mechanical employes in engineering departments employed by General Motors Corporation at its Chevrolet Motor Divi- sion Forge Plant, including employees engaged in making, building, + The names of eligibles appear in Appendix A. 752 DECISIONS OF NATIONAL; LABOR RELATIONS BOARD and maintaining of forge trimmer or other dies and tools, but ex-, eluding lathe sinkers (turning impression die- sinkers on lathe or boring mills), die sinkers (forging dies), up set die sinkers; templet makers, direct representatives of the management, such as officers and directors of the Company, sales managers and assistant sales mana- gers, factory managers and assistant factory managers, directors and employees of sales, accounting, Personnel and Industrial Relations Departments, 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-ribht to hire or ,discharge and those whose duties include recommendations as to• hir- ing or discharging (but not leaders), and those employees whose work' is of a confidential nature, time-study men, plant-protection em- ployees (but not to include maintenance 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 (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, as their representative for the purposes of collective bargaining- and -that, pursuant'to the provisions of Section 9, (a) of the•Natio'nal Labor Relations 'Act, International Union, United Autom bile Work- " ers of America, affiliated with the C. I. 0., is the exclusive repr-esenta- . tive of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of work, and -other conditions of employment. ' • APPENDIX A Wallace M. Sherrer Walter T. Lynch James D. Miller J. Kippstuhl William K. Miller C. C: Morehead L. E. Neuville Henry W. Mecorney Carl H. Affeldt Thomas J. Mapleton _ Ahira, H.'. Rose, Jr. Frank E. Sadler Gilbert Stoutjesdyk Arthur Shank Charles Neilson Arthur Stoutjesdyk J.-J. Feld G. M. Johnson . J. E. Stahlberger R: J. Gerlach" W.'.P. Wischka P. G. Snyder GENERAL MOTORS CORPORATION 753 P. A. Witt L. H. Heritage F. B. Williams A. G. Mielke A. J. Dorr F. E. Williams C. H. Barger J. J: Cassidy G. A. Bamberger Louis Schmidt R. D. Becher Carl E. Noreus W. R. Short Leo Marshall Carl Pomerenike E. Brahs L. Allman William Reineke A. J. Burnhardt E. L. Schmidt E. Dipple R. Calhoun M. Donitt C. McClure D. Ashcraft CHAIRMAN HARRY A . MII.LIS took no part in the consideration of the above Fifth Supplemental Decision, Direction of Election, and Cer- tification of Representatives. 28 N. L. R. B., No. 112a. N