General Motors Corp.

National Labor Relations Board - Board Decisions

Sep 26, 1942

44 N.L.R.B. 513 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, EASTERN AIRORAFT,
LINDEN DIVISION, and PATTERN MAKERS LEAGUE OF NORTH AMERICA,
A. F. OF L.
Case No. R-4223-5.-Decided September 26, 194
Jurisdiction : aircraft manufacturing industry.
Investigation and Certification of Representatives : existence of question. re-_
fusal to accord ' petitioner recognition unless certified by the Board ; interim
agreement and pending contract held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : pattern makers and their appren-
tices permitted to determine whether they should constitute a separate bargain-
ing unit or be included in existing production and maintenance unit.
Mr. Cyril W. O'Gorman, for the Board.
Mr. John Thomas Smith, by Mr. Kevin McInerney, of New York
City, for the Company.
Mr. Harold Ware, of New York City, for the A. F. of L.
Leider, Witt and Cammer, by Mr. Harold I. Cammer, of New York
City, for the C. I. O.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Pattern Makers League of North Amer-
ica, affiliated with American Federation of Labor, herein called the
A. F. of L., alleging that a question affecting commerce had arisen
concerning the representation of employees of General Motors Corpo-
ration, Eastern Aircraft, Linden Division, Linden, New Jersey, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Howard Myers,
Trial Examiner. Said hearing was held at New York City, on August
31, 1942. The Board; the Company, the A. F. of L., and International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, affiliated with Congress of Industrial Organiza-
tions, herein called the C. I. 0., appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. During the
41NLITB,No93
IS74S--I1-v of 44 33 513
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
course of the hearing the representative of the Colnpany, moved to dis-
miss the petition on the ground that the Company's business does not
constitute commerce within the meaning of the National Labor Rela-
tions Act. The representative of the C. I. O. moved to dismiss the
petition. on the grounds that (1) no question concerning representation
exists;, and (2) the unit claimed by the A. F. of L. is not appropriate.
The Trial Examiner reserved rulings on these motions for the Board.
For the reasons appearing in Section II, and Sections III and IV
below, the motions are hereby denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed )
Upon the entire record in the case, the Board snakes the following :
FINDINGS OF FACT
1. THE I3USINESS OF THE COMPANY
The Company is a Delaware corporation. Since March 1, 1942,
the plant involved in this proceeding, located at Linden, New,Jersey,
has been undergoing a process of retooling preparatory to 1nalnTfactur-
nng aircraft for the United States Navy. During the 6 months subse-
quent to March 1, 1942, the Company has purchased raw materials
valued at $650,000, of which 70 percent represented shipments from
other States. At the hearing, a representative of the Company stated
that no shipments of airplanes would be made before 30 to 60 clays or _
longer, depending on the Navy's acceptance of the first plane; that
the plant is expected to reach full production in 6 months; that there
are 2,753 employees, with this number to increase to 10,000 persons as
the plant reaches full production. We find that the Company is en-
gaged in commerce within the meaning of the Act.
II. TIIE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, affiliated with American
Federation of Labor, and International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated
with Congress of Industrial Organizations, are labor organizations,
each admitting to-nnennbership employees of the Colnpany.
IIT. '17[if QUESTION CONCERNING REPRESENTA'T'ION
A statement by the Regional Director of the Board introduced at
the hearing indicates that the A. F. of L. represents a substantial
number of employees in the unit it alleges to be appropriate.'
'The Regional Director's statement, shows that the A F of L submitted the dues records of
12 employees . all of whose names appeared on the pay roll of Ju13 2 , 1942 , which listed'19
persons in the alleged appropriate unit At the heating the A F of L by its iepresenta-
rive, claimed to represent 16 employees out of 22 in the unit it alleges appropriate The
Company relnesentative testified that the number of such employees would continue to in-
( 10.i,e as the 1'onip,ni sfeps up to full prodin tion
GENERAL MOTORS CORPORATION - 515'
The C. I. O. submitted authorization cards , dates of which were not
shown, of five persons in the runt alleged appropriate by the A. F. of
L., with all the cards bearing apparently genuine original signatures,
and all five names appearing on the Company 's pay roll of July 2,
1942.
In February 1940 •tlie Board directed an election at the Linden plant
in a emit of production and niaiutenance employees ,2 and in May 1940
certified the C. I. 0 ' Pattern makers and their apprentices , whom the
A. F. of L. here seeks to represent , were not expressly included in the
unit found appropriate in the 1940 election. Actually no such em-
ployees worked at the Linden plant prior to March 1942. Shortly
after the C. I. 0..1vas certified , that organization and the Company
entered into a contract , the terui or provisions of which are not shown.
In June 1942 the parties negotiated with respect to a renewal of their
contract , and, as a result, on ' June 4, 1942, entered' into the interim
agreement pending the beginning of production in the plant .4 The
interim agreement sought to include pattern makers in the unit for
which the C. I. O. was certified ,° although no pattern makers - had been
employed prior to March 1942 , as stated above.
It is not clear when the A. F. of L. first sought recognition as the
representative of the pastern makers and their apprentices , but the
A. F. of L. representative testified'at the hearing that he had asked
the Company to bargain , that the Company refused to bargain unless
the A. F. of L. was certified by the Board, and that the petition was
filed thereafter on June 23, 1942. The Company representative con-
ceded the correctness of this statement. -
Under all the circumstances , we find that the interim agreement of
June 4, 1942 , and the contract respecting which negotiations are now,
pending, are not a bar to a present determination of representatives
of the Company 's pattern makers and apprentices.
We accordingly find that a question has arisen concerning repre-
sentation of employees of the Company , within the meaning of
Section 9 ( c) and Section 2 (6) and ( 7) of the Act.
1V. THE APPROPRIATE UNIT THE DETERMINATION OF REPRESENTATIVES
The A. F. of L. contends that the pattern makers and their appren-
tices by reason of their distinctive craft constitute an appropriate unit
for bargaining. • The C. 1. O. contends that all the non-silaried em-
=Matter of Gene, al Motors Corporation and International Union , U A W A, affiliated
mith A h' of L. etc, 20 N L R B 9,50
'Matter of Geneiat Motors Cwpoiatron and International Union, U A 1V A, affiliated
with A F of L, etc, 24 N L It B 159
4 The proceedings with respect to the pending contract are before the War Labor Board
in Washington, D C
6 This interim agreement provides that "Employees in the maintenance department, tool
and die departments, and pattern shop, shall be covered by the terms of the Agreement
dated June 3, 1941 "
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees are an appropriate unit, and that the smallest appropriate
unit would be one comprising all the employees in the wood or pattern
shop and not merely the pattern makers.6 The .Company takes no
position as to the appropriate unit. %
There were 33 employees, exclusive of supervision, in the wood or
pattern shop as of.the date of the hearing.7 The 33 employees include
22 pattern makers, 1 foundry sand moulder, 1 mill man's helper, 4
model makers and 1 helper, 2 shaper operators, 1 model plasterer,
and 1 wood mill man. Both the A. F. of L. and the C. I. O. agree
to exclude foremen in the wood or pattern shop, of whom there
were 4 as of the date of the hearing., We find that the foremen should
be excluded.
The C. I. O. contends that the wood or pattern shop in the Linden
plant does work of a different nature from that done in pattern shops
in other plants,, and that only 5 percent of the work in the Linden
pattern shop is devoted to the making of patterns. The C. I. O.
also offered testimony to show that the work of the pattern makers
is interrelated and closely associated with the work of the other
employees in the pattern-making department. Nevertheless it is clear
by the C. I. O.'s representative's own admission and other testimony
that the pattern makers do intricate and highly skilled work; that
none of the other employees in the pattern department can make pat-
terns; and that pattern making is a distinctive craft. We have held
in numerous cases that pattern makers form a clearly definable unit.'
We accordingly find that the pattern makers and their apprentices,
if any, may properly form an appropriate unit if they so desire. In
the absence of any question concerning representation among the em-
ployees in the original maintenance and production unit, we shall direct
a separate election among the pattern makers and their apprentices, ex-
cluding foremen, in the Company's wood or pattern shop wherein a
question concerning 'representation has arisen. If the pattern mak-
ers and their apprentices select the A. F. of L., they will thereby have
indicated their desire to constitute a separate unit. If they select the
C. I. 0., such employees will have thereby indicated their desire to be
included in a unit with the general production and maintenance group
and will be a part of such unit.9 We shall accordingly direct that the
13 The pattern makers are employed in the wood or pattern shop
7 The Company representative stated that this number will increase as the plant steps up
to full production.
8 See Matter of The Delta -Star Electric Company and United Automobile Workers of
America, Local 740, A F. of L, 37 N. L R B.- 459; Matter of J. I.' Case Co. and Interna-
tional Union , United Automobile, Aircraft and Agricultural Implement Workers of America,
0. 1 0., 38 N . L. R. B. 522; Matter of Atwood Machine Company and International Asso-
ciation of Machinists, A F of L ., 38 N. L R B 1270; Matter of, Columbian Bi onze Cor-
poration and Machinists-Polishers Organizing Committee , A F. of L, 39 N . L R B. 156;
Matter of Builders Iron Foundry and Internal,onal • Molders and Foundry Workers Union,
A. F of L., 40 N. L R B. 1393.
0 In this event we shall order the petition dismissed.
GENERAL MOTORS CORPORATION 517
question concerning representation which has arisen be resolved by a
separate election by secret ballot among the pattern makers and their
apprentices who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction.
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, and pursuant to Article III, Section 8, of National Labor'Rela-
tions Board'Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with General Motors Cor-
poration, Eastern Aircraft, Linden Division, Linden, New Jersey, an
election 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 Director for the Second
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 the employees classified as pattern makers and
apprentices, employed at the Linden plant who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including any such employees who did not work during said pay-
roll period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid off,
but excluding foremen and any employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Pattern Makers League of North America, affiliated with
American Federation of Labor, or International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
affiliated with Congress of Industrial Organizations, for the purposes
of collective bargaining, or by neither.
MR. WM. M. LEisERSON took no part in the consideration of the above
Decision and Direction of Election.'