General Motors Corp.

National Labor Relations Board - Board Decisions

Nov 13, 1941

36 N.L.R.B. 893 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION , BUICK MOTOR DIvI-
SION, and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT,
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED
WITH THE C. I. 0.
Case No. R-3149.-Decided November 13, 1941
Jurisdiction : automobile manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all wood pattern 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 confidential nature), employed at the
Flint, Michigan, plant of the Company.
Mr. Robert C. Carson, of Detroit , Mich ., for the Company.
Mr. Ernest Goodman . and Mr. Maurice Sugar, of Detroit , Mich.,
for the C. I. 0.
Mr. J. L. Weiser, of Detroit , Mich., for the Pattern Makers.
Mr. Gerard J. Manack, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April - 14, 1941, International Union, United Automobile
Workers of America, affiliated with the C. I. 0.,1 herein called the
C. I. 0., filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Motors Corporation, Buick Motor Division, Flint, Michigan,
herein called the Company, and requesting an investigation and
'This proceeding was originally entitled : "In the Matter of General Motors Corpora-
tion and International Union, United Automobile Workers of America, affiliated with the
C. I. 0." At the hearing, the Trial Examiner allowed motions of both parties to changes
of names . The new name of the Union was adopted at a convention held in August 1941,
subsequent to the filing of the petition.
36 N. L. it. B., No. 182.
893
894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
August 26, 1941, 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 Regula-
tions-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 October 7, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
C. I. 0., and upon Pattern Makers League of North America, affili-
ated with the American Federation of Labor, herein called the
Pattern Makers, a labor organization claiming to represent employees
directly affected by the investigation. Pursuant to notice, a hearing
was held on October 14, 1941, at Detroit, Michigan, before Harold
A. Cranefield, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company and the C. I .0. were represented by
counsel and the Pattern Makers by its business manager; all partici-
pated in the hearing. Full opportunity to be heard, to examine and
.cross-examine witnesses , and to introduce evidence bearing upon the
issues was afforded all parties. During the course of the hearing
the Trial Examiner made various rulings on 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
committed. The rulings are hereby affirmed.
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 New Jersey corporation, with its
principal office in New York City and with offices in Detroit, Michi-
gan. . It has several unincorporated divisions, one of which -is the
Buick Motor Division, which maintains a plant at Flint, Michigan.
At this plant it produces automobiles, parts, and accessories. This
proceeding involves pattern makers employed by the Buick Motor
Division in Flint, Michigan. During the course of a year, the Buick
Motor Division, at Flint, Michigan, obtains approximately .50 per
cent in value of the productive materials used in its manufacturing
operations from outside of the State of Michigan, and over 90 per cent
of its finished products are shipped and sold outside of the State of
Michigan. The Company employs over 100 pattern makers at its
Flint plant.
GENERAL MOTORS CORPORAT10iv
II. THE ORGANIZATIONS INVOLVED
895
International Union, United Automobile, Aircraft, and Agricul-
tural Implement Workers of America, affiliated with the C. I. 0.,
is a labor organization admitting to membership employees of the
Company.
Pattern Makers League of North America is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 29, 1940, the National Labor Relations Board certified the
Pattern Makers as the exclusive bargaining representative of the
employees of the Company involved in this proceeding.2 ' Subse-
quently, on September 16, 1940, and pursuant to said certification,
the Company and the Pattern Makers entered into a contract, wherein
the Pattern Makers was recognized by the Company as the exclusive
representative of said employees, and wherein provision was made
that the contract should continue in full force and effect until
terminated by either party by giving 60 days' notice in writing.3
On March 28, 1941, the C. I. O. by written communication, ad-
dressed to the Company and received by it, asserted its representa-
tion as of that time. of a majority of said employees, and requested
recognition as the statutory representative of such employees for
the purposes of collective bargaining. On March 31, 1941, the Com-
pany by written communication, addressed to and received by the
C. I. 0., declined to recognize or deal with the C. I. O. as such
representative unless and until the C. I. O. Was certified by the
Board as the statutory representative of said employees.
A. statement prepared by the Regional Director and introduced
into evidence at the hearing discloses that the C. I. O. and the Pat-
tern Makers each represent a substantial number of employees in
the appropriate unit.4
We find that a question has arisen concerning the representation
of employees of the Company.
a Matter of General Motors Corporation and International Union, United Automobile
Workers of America, affiliated with the A. F. L., et at., 24 N. L. R. B. 159.
a This contract was not urged as a bar to this proceeding by any of the parties.
' The C. I. 0. submitted 65 signed application cards for membership in the C. I. 0.,
dated during the period from January 28, 1941, up to and including March 28, 1941,
Of the names on these cards , 58 appeared on the pay roll of the Company, containing 141
names of employees in the appropriate unit , for the period ending July 22, 1941. The
Pattern Makers submitted a transcript of its cash book as of June 30, 1941, containing
94 names, 61 of which appeared on the said pay roll of the Company. It appeared that
17 persons authorized both - organizations to represent them. At the hearing it was
stipulated that the Company had in the appropriate unit 114 employees as of the date
of the hearing, and 7 others away on leave of absence , but retaining their seniority.
896 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which hi s
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
We find, pursuant to a stipulation entered into by the parties at
the hearing, that. all wood pattern 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), employed by the Company at the Flirit, Michigan, plant,
constitute a unit appropriate for the purposes of collective bargain-
ing, and that said unit will insure to the 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
We find that the question concerning representation which has
arisen can best be resolved by, and we shall accordingly direct, an
election by secret ballot.
In accordance with our usual practice we shall direct that those
eligible to vote shall be employees in the appropriate unit who were
employed by the Company during the pay-roll period immediately
preceding - the date of this Direction of Election, subject to the
limitations and additions set forth in the Direction.
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 at the Flint, Michigan, plant of General
Motors Corporation, Buick Motor Division, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All 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 super-
GENERAL MOTORS CORPORATION 897
visory or salaried employees and those whose work is of a confidential
nature), constitute a unit appropriate for the purposes of collective
-bargaining within the meaning of Section 9 (b) of the 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
Relations 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, Buick Motor Division, Flint,
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 of Election, 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 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),
who were' employed in the Flint, Michigan, plant of the Company
during the pay-roll period immediately preceding the date of this
Direction of Election, including employees who did not work during
such pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or tempo-
rarily laid off, but excluding employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by International Union, United Automobile, Aircraft, and
Agricultural Implement Workers of America, affiliated with the
C. I. 0., or by the Pattern Makers League of North America, affili-
ated with the A. F. of L., for the purposes of collective bargaining,
or by neither.
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