General Motors Corp.

National Labor Relations Board - Board Decisions

Dec 14, 1943

53 N.L.R.B. 1325 (N.L.R.B. 1943)

0
In the Matter of ELECTRo-MOTIVE DIVISION OF GENERAL MOTORS COR-
PORATION and GENERAL TEAMSTERS CHAUFFEURS & HELPERS' UNION
OF MAYWOOD AND VICINITY, LOCAL No. 782, INTERNATIONAL BROTHER-
HOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN & HELPERS OF
AMERICA, A. F. OF L.
Case No. 13 R-1953.-Decided, December 14, 1943
Messrs. Henry M. Hogan, H. S. Benjamin, Jr., and William J.
Oldani, by Mr. William J. Oldani, ,of Detroit, Mich., for the Com-
pany.
Mr. Kenneth M. Hivndley, of Chicago, Ill., for the Teamsters.
Mr. Joseph W. Kulkis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by General Teamsters, Chauffeurs &
Helpers' Union of Maywood and Vicinity, Local No. 782, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemdn &
Helpers of America, A. F. of L.,1 herein called the Teamsters, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Electro-Motive Division of General Motors
Corporation, McCook, Illinois, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Robert Ackerberg, Trial Examiner. Said
hearing was held at Chicago, Illinois, on November 9, 1943. The
Company and the Teamsters 2 appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The
Company's motions to dismiss the petition were reserved for the
Board by the Trial Examiner. For reasons hereinafter set forth,
the motions are hereby denied. The Trial Examiner's rulings made
1 The designation of the Teamsters appeal s herein as amended at the hearing.
2 Although served with the notice of hearing, the International Union , United Automobile,
Aircraft & Agricultural Implement Workers, C 1 0 , herein called the C. I. 0 , did not enter
an appearance at the hearing.
53 N. L. R. B., No. 240.
559015-44-vol . 53-85 1325
1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the hearing are free from prejudicial error and alpe hereby affirmed.
The parties were afforded opportunity to file briefs with the Board.
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 Delaware corporation, authorized
to do business in the State of Illinois. It operates several unincor-
porated divisions, one of which is the Electro-Motive Division. The
Electro-Motive Division operates and maintains ,a plant at McCook,
Illinois, where it is engaged in the manufacture of locomotives, mili-
tary equipment, and ordnance material. This proceeding involves the
McCook, Illinois, plant. More than 70 percent of the $1,000,000 value
of the raw materials and prefabricated parts used in the McCook plant
is shipped to the plant from points outside the State of Illinois, and
more than 70 percent of the $1,000,000 value of its finished products
is shipped to points outside the State of Illinois. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
H. THE ORGANIZATION INVOLVED
General Teamsters, Chauffeurs & Helpers' Union of Maywood and
Vicinity, Local No. 782, International Brotherhood of Teamsters,
Chauffers, Warehousemen & Helpers of America, is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 4, 1941, the Board certified the C. I. O. as the exclusive
representative of the Company's production and maintenance em-
ployees.3 On October 19, 1942, the Company and the C. I. O. executed
an exclusive bargaining contract covering the foregoing unit. The
contract was to be in force until October 5,-1943, subject to sixty (60)
days' written notice of modification or termination before the expira-
tion date, and provided that if neither party gave such notice, the
contract was to continue in effect indefinitely after the expiration date,
subject to the same defeasance condition. Neither party has exer-
cised the option to modify or terminate the contract. In July 1943,
more than 60 days prior to the expiration date of the aforesaid contract,
the Teamsters filed a petition seeking to represent a unit consisting
3 Matter of Electric -Motive Corporation , a Delaware corporation and International Union,
United Automobile Workers of America, Local 719, affiliated with the Congress of Industrial
Organizations, 29 N. L R B 393. The truck drivers were not excluded from the unit.
ELECTRO-MOTIVE DIVISION 1327
of all outside truck drivers. The Company contends that the certifi-
cation and the subsequent contract constitute a bar to a present de-
termination of representatives. Since the certification is over 2 years
old, and the contract has been in effect for over a year and is terminable
at any time on 60 days' written notice, we find that the certification and
the contract are not a bar to this proceeding.
A statement of the Acting Regional Director, introduced into evi-
dence at the hearing, indicates that the Teamsters represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Teamsters seek a unit comprised of all outside truck drivers,'
exclusive of supervisory employees . The Company contends that a
plant -wide unit constitutes an appropriate unit.
The record reveals that all outside truck drivers have been hired
by the Company pursuant to an oral agreement with the Teamsters.
The drivers are engaged in the operation of trucks outside the grounds
of the Company ; they are directed in their work by a truck dispatcher
foreman who is under the supervision of the general storekeeper. All
other drivers of the Company are employed in the sales and main-
tenance departments under different supervision . The Teamsters
have been representing the truck drivers in the disposition of griev-
ances, and the C. I. 0. has waived any claim to representation of the
truck drivers . The evidence presented herein indicates that the out-
side truck drivers form a distinct and homogeneous group. Under
these circumstances , and in view of the waiver and disclaimer filed by
the C. I. 0., we are of the opinion that they may constitute an appro-
priate unit of they so desire. We shall, therefore , direct an election
among those employees of the group engaged as outside truck drivers
to determine whether or not they desire to be represented by the Team-
sters. Upon the results of this election will depend in part our de-
termination of the appropriate unit. If these employees select the
Teamsters as their bargaining representatives , they shall constitute a
separate appropriate unit; on the other hand , if they do not choose
the Teamsters , they sha l l remain part of the plant-wide unit.
4 The statement of the Acting Regional Director shows that the Teamsters submitted nine
authorization cards bearing apparently genuine signatures , eight of which appeal on the
August 14, 1943, pay roll of the Company, which contains the names of nine persons within
the alleged appropriate unit
5 The Teamsters do not seek to include drivers of other departments whose work consists
of the chauffeuring of Cadillac sedans and the operation of vehicles inside and , occasionally,
putside the plant grounds.
1328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the group indicated in the Direction of Election
below, who were employed" during the pay-roll period immediately
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Electro-Motive
Division of General Motors Corporation, McCook, Illinois, 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 direc-
tion and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules
and Regulations, among all outside truck drivers employed by the
Company at its. McCook, Illinois, plant, excluding all supervisory
employees with authority to hire, promote, discharge, discipline, or.
otherwise effect changes in the status of employees, or 'effectively
recommend such action, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, and including employees in
the armed forces of the United States who present themselves in person
at the polls, but excluding any persons who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date-of the election, to determine whether or not they desire to be
represented by General Teamsters, Chauffers & Helpers" Union of
Maywood and Vicinity, Local No. 782, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers of America, A. F. of
L., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.