General Motors Corp.

National Labor Relations Board - Board DecisionsApr 24, 1942

40 N.L.R.B. 825 (N.L.R.B. 1942)

In the Matter of BUICK MOTOR DIvisioN, GENERAL MOTORS CORPORA- TION and DIE & TOOL MAKERS LODGE #113, INTERNATIONAL ASSO- CIATION OF MACHINISTS, (A. F. OF L.) In the Matter of BUICK MOTOR DIVISION, GENERAL MOTORS CORPORA- TivoN and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 399, A. F. OF L. In the Matter of BUICK MOTOR DIVISION, GENERAL MOTORS CORPORA TION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED WITH C. I. O. In the Matter of BUICK MOTOR DIVISION, GENERAL MOTORS CORPORA- TION and INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS. LOCAL No. 7, A. F. OF L. Cases Nos. R-3594 to RD697, inclusive, respectively. Decided April, 1, 1942 Jurisdiction : aviat!on engine manufacturing industry Investigation and Certification of Representatives : existence of question : re- fusal to accord any union recognition until certified by the Board ; immediate election directed notwithstanding request by Company for its postponement because of contemplated increase of personnel Unit Appropriate for Collective Bargaining : elections directed among Tool Room and Tool Inspection Departments, Operating Engineers, and Firemen and Oilers, to determine whether they should be part of an industrial unit or whether they should constitute separate craft units Mr. Henry Hogan, Mr. Harry S. Benjamin, and Mr. Robert C. Carson, of Detroit, Mich., for the Company. Mr. Daniel D. Carmell and Miss Sylvia G. Katz, of Chicago, Ill.. for the I. A. M., the Operating Engineers, and the Firemen & Oilers. Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the United. Mr. Ben Law, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 23, 1942, Die & Tool Makers Lodge No. 113, Inter- national Association of Machinists, herein call.ecl the I. A. M., filed 40N L.R B, No 145. 825 826 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Buick Motor Division, General Motors Corporation, Melrose Park, Illinois, 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. Petitions were also filed by International Union of Operating En- gineers, Local 399, herein called the Operating Engineers, on January 27, 1942; by International Union, United Automobile, Aircraft -& Ag- ricultural Implement Workers of America, herein called the United, on January 29, 1942; and by International Brotherhood of Firemen and Oilers, Local No. 7, herein called the Firemen & Oilers, on February 3, 1942.' On February 16, 1942, the National Labor Rela- tions 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, ordered an in- vestigation in each case and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice; acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, the Board further ordered that the four cases be consolidated. On February 17, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon all the parties. Pursuant to notice, a hearing was held on March 2 and 3, 1942, at Chicago, Illinois, before William J. Isaacson, the Trial Examiner duly designated by the Chief Trial Examiner. All parties were represented by counsel, participated in the hearing, and were ac- corded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing, the Trial Examiner made rulings on sev- eral motions and on objections to the admission of evidence. The Board has reviewed 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 I. THE BUSINESS OF THE COMPANY Buick Motor Division, General Motors Corporation, an unincor- porated division of General Motors Corporation, operates a plant at I Petitions filed by the unions involved were amended as follows : by the I. A M, the Operating Engineers, and the United on February 17 and March 2, 1942; and by the Firemen & Oilers on February 16 and March 2, 1942 BUICK MOTOR DIVISION 827 Melrose Park, Illinois, where it is engaged in the production of parts for and the assembly and testing of aviation engines. Approxi- mately 90 percent of the production materials, having a value in excess of $100,000, used at the plant is obtained from sources outside the State of Illinois. All of the' engines, having a value in excess of $100,000, produced at the plant are delivered to the United States Government. At the time of the hearing, the Company employed about 4,000 production and maintenance employees at its Melrose Park plant. _ II. THE ORGANIZATIONS INVOLVED Die & Tool Makers Lodge No. 113 International Association of Machinists; International Union of Operating Engineers, Local 399; and International Brotherhood of Firemen and Oilers, Local No. 7, are labor organizations, affiliated I with the American Federation of Labor, admitting to membership employees at the Melrose Park plant of the Company. International Union, United Automobile, Aircraft & Agricultural Implement'Workers of America is a labor' organization affiliated with the Congress of Industrial Organizations; admitting to membership employees at the Melrose Park Plant of the Company. III. THE QUESTION CONCERNING REPRESENTATION Between December 1941 and February 1942, inclusive, the United, the I. A. M., and the Operating Engineers requested recognition, by the Company as the bargaining representatives of the employees within the respective units each claims to be appropriate. As to each request, the Company replied that it would not recognize any of the unions without certification by the Board. From a statement prepared by the Regional Director and intro- duced in evidence it appears that the United, the I. A. M., the Operating Engineers, and the Firemen & Oilers each represents a substantial number of employees within the unit claimed by each to be appropriate.2 'All the parties stipulated that as of the time of the hearing there were 4,000 em- ployees in the unit claimed to be appropriate by the United , 312 in the unit claimed by the I A M, 37 in the unit claimed by the Operating Engineers , and 21 in the unit claimed by the Firemen & Oilers The Regional Director's statement reported that: (a) the United submitted 826 designations of recent date, 795 of which bear apparently genuine and orignial signatures of employees within the unit it contends is appropriate; (h) the I A M. submitted 147 application cards of recent date bearing apparently genuine and original signatures of employees within the unit it contends is appropriate; (c) the Operating Engineers submitted 37 undated designation cards bearing apparently genuine and original signatures of employees within the unit it contends is appropriate ; and (d) the Firemen & Oilers submitted 17 designation cards, 9 of which were undated and 8 of which were of recent date, 14 of which bear apparently genuine and original signatures of employees within the unit it contends is appropriate. 828 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, occuring in connection with the operations of the Company -described-in Section I- above;-has- a-'close,--intiiriate;- and .substantial relation to trade, traffic, .and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The United contends that an appropriate unit consists of "all production and maintenance employees and mechanical employees in engineering department, excluding employees of sales, accounting, personnel and industrial relations departments, 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 and discharge or those whose duties - include recommendations as._ to hiring or discharging (but not leaders), time-study men, plant protect-ion employees (but not to include maintenance patrolmen or fire patrolmen), all clerical employees, chief engineers and shift operating engineers working in the power plant at the Melrose Park plant, designing (drawing board) production, estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, artists, designer-artists and clay plaster modelers, timekeepers, technical school students, indentured apprentices, kitchen and cafeteria help." The Company contends that the unit sought by the United is appropriate in all respects except that it should also expressly ex- clude "those employees whose work is of a confidential nature and those technical or professional employees who are receiving training." The I. A. M. contends that an appropriate unit consists of "all employees in Tool Room Department 29-62 and Tool Inspection De- partment 39-91, consisting of tool and die makers, tool inspectors, and machine hands, and excluding office employees, clerical employees and supervisory employees, and all other employees of the company not working in Departments 29-62 and 39-91." The Operating Engineers contends that an appropriate unit con- sists of "all operating engineers, excluding the chief engineer, but BUICK MOTOR DIVISION 829 including all other supervisory employees among the operating engineers." The Firemen & Oilers contends that an appropriate unit consists of "all firemen, oilers, , boiler washers, water tenders, coal passers, ash handlers, and engine and boiler room helpers, and water treat- ment men, and to exclude clerical and supervisory employees." The unit which the United contends is appropriate includes all employees within the units sought by the I. A. M. and the Firemen & Oilers. It-likewise includes all employees within the unit sought by the Operating Engineers except, in addition to- the chief engineer, all other supervisory employees among the operating engineers. Although, as previously stated, the Company desires an industrial unit, it takes the alternative position that, if any craft units are to be established, it`has, no objection to that sought by the Firemen & ,Oilers or to a unit of operating engineers provided such unit is de- fined as follows: "all operating engineers in the Power house (Divi- sion 14), excluding all clerical- and supervisory employees." The Company contends that the unit sought by the I. A. M., or any subdivision of such unit, is inappropriate. There is nb previous history of collective bargaining at the Melrose Park plant. The tool and die makers, the operating engineers, and the firemen and oilers, respectively, constitute definite and recognized crafts. On the other hand, evidence was introduced showing the in- tegrated character of the Coriipany's operations and the appropri- ateness of an industrial unit which would include the foregoing craft groups. We are of the opinion, therefore, that the tool and die makers, the operating engineers, and the firemen and oilers, in groups as more expressly defined below, might properly constitute separate bargaining units, or that they might function as part of a single industrial unit. Under these circumstances, we find that the deter- mining factor should be the desires of the employees in these groups.' There remain for consideration questions as to the specific composi- tion of the group of operating engineers. The Operating Engineers claims that 28 employees engaged in the operation of compressors, pumps, and fans--at vario- us --parks.:-of .the plant-outside the power- house are properly classified as operating engineers and should, therefore, be included within the unit it contends is appropriate. The Company claims that these employees are classified as "steam checkers," that not so much skill is required of them as of'operating engineers in the powerhouse, that they have recently been shifted from the supervision of the chief engineer to that of the operating 'Matter of The Globe Machine and btasnp,ng Co and Metal Polishers Union Local No. 3; International Association of Machtinists , District No. 511 ; Federal Labor Union 18988, and United Autonwbile Workers of America, 3 N L -R. B. 294, and subsequent cases. 830 - DECISIONS Or NATIONAL LABOR RELATIONS BOARD maintenance department, and that they should not, therefore, be included in a unit of operating engineers. The record shows that all or almost all of these 28 men are licensed as operating engineers, by the city of Chicago, that they were apparently hired as operating engineers, and that their`hourly rate-of pay is about the same as that of the operating engineers in the powerhouse. Under these circum- stances we shall include these 28 employees in the unit of operating engineers. All parties are in agreement that the chief engineer in the power- house should be excluded from any unit. The Operating Engineers, however, seeks to include in the unit it urges as appropriate all other supervisory employees among the operating engineers. The Com- pany and the United contend that all salaried employees in the powerhouse whose duties are of a purely supervisory nature should be excluded from any unit to be designated. The record is not entirely clear as to whether there are at present employees, other than the chief engineer, within the classification which the Company and the United seek to exclude. We are, nevertheless, of the opinion and find that salaried employees in the powerhouse, whose duties are of a purely supervisory nature, if there are any other than the chief engineer, should be excluded from both the industrial' unit and the unit of operating engineers. We shall consequently exclude them. We shall order elections among the employees of the Company at its Melrose Park plant within the groups described below : (a) All production and maintenance employees and mechanical employees in the engineering department, excluding employees of sales, accounting, personnel, and industrial relations departments, 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 and discharge or those whose duties include recommendations as to hiring or dis- charging (but not leaders), time study men, plant protection em- ployees (but not to include maintenance patrolmen, or fire patrol- men), all clerical employees, chief engineers and shift operating engineers working in the power plant at the Melrose Park plant, designing (drawing board), production, estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallur- gists, artists, designer-artists and clay plaster modelers, time- keepers, technical school students, indentured apprentices, kitchen and cafeteria help, and also excluding employees coming within groups (b), (c), and (d) below, to determine whether they desire to be represented by the United for the purposes of collective bargaining; (b) All employees in Tool Room Department 29-62 and Tool Inspection Department 39-91, consisting of tool and die makers, BUICK MOTOR DIVISION 831, tool inspectors, and machine hands, and excluding office employees, clerical employees, and supervisory employees, to determine whether they desire to be represented by the I. A. Al. or the United for the purposes of collective bargaining, or by neither; (c) All operating engineers (including steam checkers), exclud- ing the chief engineer and salaried employees in the powerhouse whose duties are of a, purely supervisory nature, to determine whether they desire to be represented by the Operating Engineers or the United for the purposes of collective bargaining, or by neither; '(d) All firemen, oilers, boiler washers, water tenders, coal passers, ash handlers, engine and boiler room helpers, and water treatment men, excluding clerical and supervisory employees, to determine whether they desire to be represented by the Firemen & Oilers or the United for the purposes of collective bargaining, or by neither. As stated above, there will be no final determination of the appro- priate unit or units pending the results of the elections. In,accord- ance with our usual practice, such of the groups as choose a union other than the United will constitute separate and distinct appro- priate units, and such as choose the United will together constitute a single appropriate unit. VT. THE DETERMINATION OF REPRESENTATIVES Production at the Melrose Park plant began late in 1941 or during .January 1942. The Company plans during the next 12 months to quadruple the number of its employees and urges that, in view of this fact and of the fact that organization of departments and work at the plant is still indefinite, an election should be postponed for at least 90 days and, preferably, for 6 months. All of the unions in- volved request that an election be held at once. We do not believe that the large number of employees of numerous classifications now working should be deprived for several months of their right to bargain collectively. We shall, accordingly, proceed with an im- mediate determination of representatives.4 All the unions involved jointly request that the pay roll used to determine eligibility be that immediately preceding the date of the hearing. We see no reason for departing from our usual practice of using a current pay- roll date. We shall direct that all employees of the Company eli- gible to vote in the elections shall be those within the appropriate unit or units who were employed during the pay-roll period immedi- ately preceding the date of the Direction of Elections, subject to the limitations and additions set forth in the Direction of Elections. See Matter of Westinghouse Electric Manufacturing Company and International Asso- ciation of Machtinists , Local 804, (A F. of L ), 38 N L R B 404 832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSION OF LAW A question affecting commerce has arisen concerning the repre- sentation of employees of Buick Motor Division, General Motors Corporation, Melrose Park, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with Buick Motor Division, General Motors Corporation, Melrose Park, Illinois, elections 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 Di- rector for the Thirteenth Region, acting in this matter as.agent for the National Labor Relations Board and subject to Article III, Sec- tion 9, of said Rules and Regulations, among those employees who fall within the groups indicated below who were employed by the Company at its Melrose Park plant during the pay-roll period im- mediately preceding the date of this Direction of Elections, including employees in each group 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 temporarily laid off, and excluding employees in each group who have since quit or been dis- charged for cause: (a) All production and maintenance employees and mechanical employees in the engineering department, excluding employees of sales, accounting, personnel, and industrial relations departments, 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 and dis- charge or those whose duties include recommendations as to hiring or discharging (but not leaders), time study men, plant protection employees (but not to include maintenance patrolmen, or fire patrol- men), all clerical employees, chief engineers and shift operating engineers working in the power plant at the Melrose Park plant, BUICK MOTOR DIVISION 833 designing (drawing board), ,production, estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, artists, designer-artists and clay plaster modelers, timekeepers, technical school -students, indentured apprentices, kitchen and cafe- teria help,-and also excluding employees corning within groups (b), (c), and (d) below, to determine whether they desire to be repre- sented by the International Union, United Automobile, Aircraft & Agricultural- Implement Workers of America, for the purposes of collective bargaining; (b) All employees in Tool Room Department 29-62 and Tool Inspection Department 39-91, consisting of tool and die makers, tool inspectors, and machine hands, and excluding office employees, clerical employees, and supervisory employees, to determine whether they desire to be represented- by Die & Tool Makers Lodge #113, International Association of Machinists, or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, for the purposes of collective bargaining, -or by neither; (c) All operating engineers (including steam checkers), excluding the chief engineer and salaried employees in the powerhouse whose duties are of a purely supervisory nature, to determine whether they desire to be represented by International Union of Operating Engi- neers, Local 399, or by International Union, United Automobile, -Aircraft & Agricultural Implement Workers of America, for the pur- poses of collective bargaining, or by neither; (d) All firemen, oilers, boiler washers, water tenders, coal passers, ash handlers, engine and boiler room helpers, and water treatment men, excluding clerical and supervisory employees, to determine whether they desire to be represented by International Brotherhood of Firemen and Oilers, Local No. 7, or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, for the purposes of collective bargaining, or by neither. 455771-42-vol. 40-53