General Motors Sales Corp.

National Labor Relations Board - Board DecisionsAug 20, 1940

26 N.L.R.B. 861 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS SALES CORPORATION, PARTS DIVISION and TAXICAB DRIVERS AND GARAGE EMPLOYEES, LOCAL UNION No. 128, AFFILIATED WITH THE A. F. L., ' Case No. R-1971.-Decided August 20, 1940 , I i Jurisdiction : automobile parts and accessories distribution industry. Investigation and Certification of Representatives : existence of question where employer refuses to accord full recognition to union and requests certification be obtained; election necessary. Two laid-off employees held ineligible to vote because of uncertainties of reemployment. ' Unit Appropriate for Collective Bargaining : warehouse employees including stock handlers, packers, shortage clerks, shipping checkers, checkers, order dispatchers, stock pickers, accessory storeroom clerks, stockroom clerks, stock supervisor, and night watchmen, but excluding special,day watchmen, stock- room* supervisor, stock-department manager; receiving supervisor, shipping supervisor, and all other persons working in a supervisory capacity; including those who have the right to hire and- discharge and those whose duties include recommendation as to hiring and discharging. Night watchmen-janitors included in unit since their interest lies primarily with other employees. Messrs. Carlos J. Jolly, A. F. Powers , and Robert C. Carson, of Detroit , Mich .',^ for the Company- ' Mr. Harry Savage , of Pittsburgh , Pa., for the Union. Miss Charlotte Anschuetz , of counsel to, the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 13, 1940, Taxicab Drivers and Garage Employees, Local Union No. 128, affiliated with the A. F. L. herein called the Union, filed. with the, Regional Director for, the. Sixth Region (Pittsburgh, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the. , respresentation , of employees of General Motors Sales Corporation, Parts Division,,Pittsburgh, Pennsylvania, herein called'the Company, and requesting an investigation and cer- tification of representatives' pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On' July '22k 26 N. L. R. B., No. 90. 861 862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1940, 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 Regulations-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 July 23, 1940, the Acting Regional Director issued a notice of hearing, copies of which were duly, served upon the Company and upon the Union. Pursuant to the notice, a hearing was held on July 31, 1940, at Pittsburgh, Pennsylvania, before Robert H. Kleeb, the Trial Examiner duly designated by the Board. The Company and the Union were represented by counsel and participated in the hear- ing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer 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 General Motors Sales Corporation is a Delaware corporation licensed to do business in 39 States. The General Motors Sales Corpo- ration, Parts Division, an unincorporated division of the Company, maintains a warehouse at Pittsburgh, Pennsylvania, known as the Pittsburgh Parts Warehouse, with which this proceeding is concerned. From its Pittsburgh Parts Warehouse the Company distributes automobile parts and accessories, valued at approximately $90,000 annually, to Chevrolet, Buick, Pontiac, and Oldsmobile dealers. Ap- proximately 100 per cent of such parts and accessories are obtained from sources outside the Commonwealth of Pennsylvania, and approx- imately 20 per cent are distributed to points outside the Common- wealth of Pennsylvania. The Company employs about 33 persons at its Pittsburgh Parts Warehouse. II. THE ORGANIZATION INVOLVED Taxicab Drivers and Garage Employees, Local Union No. 128, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. GENERAL MOTORS SALES CORPORATION 863 III. THE QUESTION CONCERNING REPRESENTATION It was stipulated between the parties that: During the latter part of the month of May, 1940, the union began to organize the warehouse employes of General Motors Sales Corporation, located at 300 North Braddock Avenue, Pitts- burgh, Pennsylvania. In the middle of June, 1940, the said union claimed to represent a majority of the employes and requested to be recognized as the exclusive bargaining agent of such employes. This request was denied by the employer for the reason that it was felt that recognition should be given only after and in the event of certification by the 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, 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 The Company and the Union stipulated at the hearing that the unit shall consist of "all those employes of the employer located at 300 North Braddock Avenue, Pittsburgh, Pennsylvania, including all stock handlers, packers, shortage clerks, shipping checkers, check- ers, order dispatchers, stock pickers, accessory store-room clerks, stock- room clerks, and stock supervisor, but excluding all special day watch- men, stockroom supervisor, stock-department manager, receiving supervisor, shipping supervisor, and all other persons working in a supervisory capacity, including those having the right to hire and discharge and those whose duties include the recommendation as to hiring and discharging." The Company and the Union are in dispute with respect to certain night, watchmen whom the Union would include in the appropriate unit and the Company would exclude. These watchmen consist of two full-time employees of the Company, who engage in janitorial and maintenance work when not patrolling the plant. Approximately 25 per cent of the time of these employees is spent in patrolling the plant; the balance of their time is spent in such work as cleaning offices, scrubbing halls, emptying waste-paper baskets, and tending the furnace. The Company contends that the primary duty of these em- 864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees is to take care of the premises, and that in such'capacity their "community of interest is primarily with the management rather than with the employees. In this connection it urges also the char- acter of their work in controlling admission and departure of em- ployees and other persons at other than regular working hours. The record shows that these admissions are infrequent, and that they are based upon permit of the managers and not discretion of the night watchmen, and does not substantiate the Company's contention. We find, in accordance with prior decisions, that the night watchmen should be included in the'appropriate unit.' We find that all warehouse employees of the Company at the Pitts- burgh Parts Warehouse, including stock handlers, packers, shortage clerks, shipping checkers, checkers, order dispatchers, stock pickers, accessory storeroom clerks, stockroom clerks, stock supervisor, and night watchmen, but excluding special day watchmen, stockroom supervisor, stock department manager, receiving supervisor, shipping supervisor, and all other persons working in a supervisory capacity, including those who have the right, to hire and discharge and those whose duties include recommendation as to hiring and discharging, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to 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 REPRESENTA'IIVES There was introduced in evidence at the hearing an analysis by the Regional Director of evidence of membership submitted to him by the Union, showing that the Union represents a substantial number of employees in the appropriate unit. Both the Union and the Com- pany are desirous that an election be held. We find that the question which has arisen concerning representation can best be resolved by means of an election by secret ballot. At the hearing there was submitted in evidence a list of employees of the Pittsburgh Parts Division of the Company as of July 30, 1940. Both the Company and the Union agreed upon this list as determina- tive of the eligibility of employees to vote. The Union, however, de- sired further to include two former employees of the Company, C. M. Buckley and R. J. Ruppel, whose employment had terminated on or about June 21, 1940, on the ground that they had been laid off tem- porarily. While the stock-department manager stated that these men had not been discharged, we shall exclude them from the ballot since their prospects of reemployment with the Company are too uncertain. I Matter of General Motors Sales Corporation (General Motors Parts Division) and International Union, United Automobile Workers of America, affiliated with the C I. 0, 23 N. L. R B. 1274, 25 N. L. R B. 262; Matter of Illinois Tool Works and Metal Trades Department of the American Federation of Labor, Elgin, Illinois , 21 N L. It. B. 860, and cases therein cited. GENERAL MOTORS^SALES CORPORATION., 86,5 We construe the stipulation, to include as eligible to vote those employees whose names do not appear on the pay-roll as of the above date because they were ill or on vacation, or temporarily laid off,2 and to exclude those, who have since been discharged for cause, -as well as those who have since quit. As thus construed, we see no reason to depart from the wishes of the Company and the Union and we shall direct accordingly. 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 of General Motors Sales Corporation, Parts Division, Pittsburgh, Pennsylvania, within, the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All warehouse employees of the Company at the Pittsburgh Parts Warehouse, including stock handlers, packers, shortage clerks, shipping checkers, checkers, order dispatchers, stock pickers, accessory storeroom clerks, stockroom clerks, stock supervisor, and night watch- men, but excluding special day watchmen, stockroom supervisor, stock-department manager, receiving supervisor, shipping supervisor, and all other persons working in a supervisory capacity, including those who have the right to hire and discharge and those whose duties include recommendation as to hiring and discharging, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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 Rela- tions 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 purpose of collective bargaining with General Motors Sales Corporation, Parts Division, Pittsburgh, Pennsylvania, 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 of Election under the direction and supervision of the Regional Director for the Sixth Region, acting in the matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all warehouse em- ployees of the Company at the Pittsburgh Parts Warehouse, including 2 With the exception of Buckley and Ruppel. 866 DECISIONS OF NATIONAL _ LABOR RELATIONS BOARD stock handlers, packers, shortage clerks; shipping checkers , checkers, order dispatchers , stock pickers , accessory storeroom clerks, stockroom clerks, stock supervisor , and night watchmen, whose names appear on the Company 's pay roll of July 31 , 1940, including employees who did not work during such pay-roll period because they were ill or on vacation , and employees who were then or shall since have been tem- porarily laid off, but excluding special day watchmen, stockroom supervisor , stock-department manager, receiving supervisor , shipping supervisor , and all other persons working in a supervisory capacity, including those who have the right to hire and discharge and those whose duties include recommendation as to hiring and discharging, and excluding those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Taxicab Drivers and Garage Employees, Local Union No. 128, affiliated with the A. F. L., for the purposes of collective bargaining.