General Motors Corp.

National Labor Relations Board - Board DecisionsJul 23, 1942

42 N.L.R.B. 810 (N.L.R.B. 1942)

In the Matter Of INLAND MANUFACTURING DrvIsION, GENERAL MOTORS CORPORATION and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 605, AFFILIATED WITH TIIE AMERICAN FEDERATION' OF LABOR Case No R-3988 -Decided July 03, 194 Jurisdiction iubbet and metal patts and war materials manufactuiing industry. Practice and Procedure - petition dismissed where unit confined to craft em- ployees was found to be inappiopriate, craft employees not permitted to split off from industrial unit Mr James A Shaw, for the Board Mr Henry M Hogan and Mr Denton Jolly, of Detroit, Mich, for the Company Mr Paul 7F Rion, of Dayton, Ohio, for the Operating Engineers. Mr Arthur L Garfield, Mr Harold E Beek, and Mr H. R. Lloyd, of Dayton, Ohio, for, the Rubber Workers. Mr Reynolds C Seitz, of counsel to the Board DECISION AND ORDER Si ATEMENT OF TIIE. CASE Upon petition duly filed by International Union of Operating En- gineers, Local 605, affiliated with the American Federation of Labor, herein called the Operating Engineers, alleging that a question af- fecting commeice had arisen concerning the representation of employees of Inland Manufacturing Division, General Motors Cor- ,poration, Dayton, Ohio, herein called the Company, the National Labor Relations Board, herein called the Board, provided for an appropriate hearing upon due notice before Charles' E Persons, Trial Examiner Said hearing was held at Dayton, Ohio, on June 24, 1942 The Company, the Opei ating Engmeei s, and United Rubber Workers of America, Local 87, affiliated with the Congress of In- dustrial Olganrzations, hei ern called the Rubber Workers, appeared, participated, and were afforded full opportunity to be heard, to exam- ine and cross-examine witnesses, and to introduce evidence bearing on the issues The Trial Examiner's rulings, made at the hearing, are free from prejudicial error and are hereby affirmed 42 N L R B, No 158 810 INLAND MANUFACTURING DIVISION 811 Upon the entire record in the case, the Board makes the following. FINDINGS OF FACT I THE BUSINFSS OF THE COMPANY Genes al Motois Corpoiation is a Delaware corporation with its principal office in New York City and with other offices in Detroit, Michigan The Inland Manufactui mg Division, one of the Company's several unincorporated divisions, operates a plant at Dayton, Ohio, which is the only plant involved in the present proceeding. At the Dayton plant the Company manufactures rubber, metal, and com- bination iubbei and metal gaits and accessories primarily for the automobile and refiIgeration industries, and also a large volume of wai material At the present time the Company is engaged almost entllely in wai wank A substantial poition in value of productive materials, including raw and fabiicated or partially fabricated arti- cles, used in the manufacturing operations are obtained from sources outside the State of Ohio, and a substantial portion of the products, of the plant aie shipped upon completion to points outside of the State of Ohio II THE ORGANIZATIONS INVOLVED Inteinational Union of Operating Engineers, Local 605, affiliated with the American Fedeiation of Laboi, is a labor organization ad- mitting to membership employees of the Company The United Rubber Woikeis of Ameiica, Local 87, affiliated with the Congiess of Industrial Oiganizations, is a labor organization admitting to mennbeiship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 14, 1942, prior to the filing of the petition, the Opeiating Engineei s i equested i ecognition from the Company as the exclusive baigaining representative for stationary engineers, apprentice sta- tionary engineers, fix emen, and compressor operators in the boiler and compressor rooms at the Company's Dayton, Ohio plant The Company refused to recognize the Operating Engineers as such repre- sentative for the reason that the Board has certified 1 the Rubber Workers as the exclusive baigauung iepresentative for a unit of em- ployees including the employees claimed by the Operating Engineers. The Rubber Woikeis and the Company have had contractual rela- tions covering production and maintenance employees at the Dayton plant since June 18, 1941 Stationary engineers, firemen, and appren- 1 30 N L R B 480, decided March 20, 1941 812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tice stationary engineers were specifically included in the agreement. The Company also states that the compressor operators are included within the terms of the contract because they are dnectly associated with production by reason of the fact that their work is an integral part of the production activity. The contract was to remain in effect until April 28, 1942; and was subject to modification, change, or ter- mination upon written notice by either party to the other 60 days prior to April 28, 1942 In the absence of such notice, the contract was to continue in force subject to termination or modification there- after upon 60 days' notice. At the time of the hearing, the Company, and the Rubber Workers were in disagreement as to a number of pro- visions in their contract and had agreed to continue to operate under the contract while the points of disagreement were being presented to the National War Labor Board for decision. IV THE APPROPRIATE UNIT The Operating Engineers contend that stationary engineers, ap- prentice stationary engineers, firemen, and compressor operators in the boiler and compressor rooms at the Company's Dayton, Ohio, plant, excluding the engineer who is a supervisor and the janitor in the boiler room, constitute an appropriate unit 2 The Operating En- gineers ask for a craft unit on the ground that the men, within the unit for which they contend are not engaged in production and main- tenance work, and that they constitute a fringe group The Company and the Rubber Workers contend that the employees in the boiler and compressor room are engaged in work which is an integral pact of production The Company also states that it relies upon the contract which it has with the Rubber Workers, and points cut that all employees claimed by the Operating Engineers are covered by the teams of such contract In addition the Company and the Rubber Workers rely upon the Board's previous certification of the Rubber Workers' as the bargaining representative of the Company's production employees.3 Further, the Company and the Rubber Workers point to the fact that, as appears in the Board's Decision and Certification of Repre- sentatives of March 20, 1941, an election among employees in a unit 2 The unit as claimed by the Operating Engineers is made up of 10 men who work in the boiler room Of the 10 men , 6 are licensed stationary engineers , 2 are licensed boiler operators , 2 are apprentice stationary engineers , and 1 of the latter 2 has a boiler oper- atoi's license The men in the boiler room are responsible for keeping the proper steam pressure up, and are responsible for all the machinery within the boiler,room Normally men in the boiler room do not perform duties elsewhere Occasionally they do perform some duties in the compressor room The Operating Engineers would also include within the unit 5 men who work in the compressor Loom All are licensed stationary engineers, They furnish the hydraulic and air pressure that is used throughout the plant Normally they work in the compressor room , occasionally they leave to take care of the solution water for the hydraulic pressure equipment 3 See footnote 1, .supra INLAND MANUFACTURING DIVISION 813 substantially identical with that now requested by the Operating Engineers was held in February 1941, 2 days piior to the election which i esulted in the cei tification of the Rubber Workers, in which the Operating Engineers and International Brotherhood of Firemen and Oilers, appealing on the ballot jointly under the designation "Joint Council A F of L ," failed to poll a majority. That election was held by virtue of a stipulation, signed by the parties 4 and the Board's Regional Director, providing that in the event that the Joint Council should fail to receive a majority the election should be null and void and the employees involved should then be permitted to paiticipate in an election among production and maintenance em- ployees in the unit heie iequested by the Rubber Workers The evidence establishes that the employees claimed to be within the unit contended for by the Operating Engineers are covered under the terms of an existing contract which the Rubber Workers have with the Company The Operating Engineers are contending for a unit which is essentially the same as that for which they and the International Brotherhood of Firemen and Oilers were allowed to appear on the ballot in an election of February 1941, under the desig- nation Joint Council A F. of L They stipulated that if they lost in that election the employees should participate in an election among employees as requested by the Rubber Workers The Joint Council did fail to attain a majority in the small election, whereas the Rubber Workers won the election in the larger unit and were cei tified therefor We find that the unit sought by the Operating Engineers is not appropriate We find that no question of representation of employees of Inland Manufactuiing Division, General Motors Corporation, in a unit ap- propriate for purposes of collective bargaining has arisen, within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact, the National Labor Relations Board hereby orders that the petition for investiga- tion and certification of representatives of employees of Inland Manu- factuirig Division; General Motors Corporation, filed by Inter- national Union of Operating Engineers, Local 605, affiliated with the American Feder anon of Labor, be, and it hereby is, dismissed MR GEr,AIID D REIILY took no pact in the consideration of the above Decision and Order 14 Toe parties in%olved were the Operating Engmeeis, the International Brotherhood of Firemen and Oileis, the Rubber \Vorkeis, the Inland Employees Association, and the Company