Hudson Motor Car Co.

National Labor Relations Board - Board DecisionsOct 23, 1942

45 N.L.R.B. 55 (N.L.R.B. 1942)

In the Matter Of HUDSON MOTOR CAR COMPANY and INDUSTRIAL OFFICE, WORKERS UNION, LOCAL 889, UNITED AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA Case No. R-41351.=Decided October 03,194 Jurisdiction : ordnance manufacturing industry. - - Investigation and Certification of Representatives : existence of question: re- fusal to bargain until certification by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all nurses in Company's four plants,, including the assistants to the head - nurse but excluding the-head nurse. Mr. Albert E. Meder, of Detroit, Mich., for the Company. Mr. Maurice Sugar and Mr. Jack M. Tucker, of Detroit, Mich., for the Union. - Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION -STATEMENT OF THE CASE Upon petition and amended petition duly filed by-Industrial Office Workers Union, Local 889, United Automobile, Aircraft, and Agricul- tural Implement Workers of America, herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Hudson Motor Car Company, Detroit, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Max Rotenberg, Trial Examiner. Said hearing was held at Detroit, Michigan, on October 6,1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to `introduce evidence bear- ing on the issues. 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 makes the following : FINDINGS OF FACT I. THE BUSINESS OF TIIE COMPANY Hudson Motor Car Company is a. Michigan corporation `operating' four plants at Detroit, Michigan, where it is engaged in the manufac- 45 N. L. R. B., No. 11. - 55 56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ture of war materials and equipment for the United States Govern- ment. The Company purchases raw materials valued in excess of $100,000,000 annually approximately 50 percent of which is shipped to it from points outside Michigan, and it produces finished products valued in excess of $100,000,000 annually, over 90 percent of which is shipped by it to points outside Michigan. H. THE ORGANIZATION INVOLVED Industrial Office Workers Union, Local 889, United Automobile, Aircraft, and Agricultural Implement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During July 1942 the Union requested the Company to recognize' It as the exclusive representative of certain of the Company's employees. The Company refused this request until such time as the Board certifies the appropriate bargaining agent of its employees. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of the 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union urges that all nurses employed at the Hudson Naval Ordnance, Hudson Jefferson, Charlevoix, and Hudson Gratiot plants of the Company, all located at Detroit, Michigan, constitute a single unit appropriate for the purposes of collective bargaining. The; Company contends that the nurses employed by it should not be set- up as a separate unit but should form a part of an industrial unit covering all its employees. The nurses employed by the Company at the four plants here involved are all registered nurses and constitute a well-defined pro- fessional group, and as stated above, a substantial number of them have designated the Union as 'their bargaining representative. Under the circumstances, we find that a unit composed of nurses is appropriate. ` 1 The Regional Duector reported that the Union presented 15 membership application cards bearing apparently genuine signatures of persons whose navies appear on the Com- pany's pay roll of August 7, 1542 There ale 22 persons on that pay toll NNho are in the unit hereafter found to be appropriate HUDSON MOTOR CAR COMPANY ,57 The only other controversy with respect to the unit concerns. the ,head nurse and assistants to the head nurse. The Union would include all such employees and the Company would exclude them. The head nurse makes up the working schedules for all nurses- employed by the Company and is charged with the responsibility of ordering-supplies for the Company's nursing department. We shall, .exclude the head nurse from the unit. The Company employs four assistants to the head nurse. The record indicates that such per- 'sons have no supervisory authority and perform substantially the same - type of work as the other nurses. We shall include the assistants to the head nurse in the unit. We find that all nurses employed at the Hudson Naval Ordnance, Hudson Jefferson, Charlevoix, and Hudson Gratiot plants of the Company, including the assistants to the head nurse, but excluding the head nurse, constitute a single unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit 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 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 repre- sentatives for the purposes of collective bargaining with Hudson Motor Car Company, Detroit, Michigan, 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 super- vision of the Regional Director for the Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed, during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said pay-roll period because they were ill 58 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD or on vacation or in the active military service or training of the United States, or temporarily laid- off, but excluding any who have -since quit or been discharged for cause, to determine whether- or not they desire to be represented by Industrial Office Workers- Union, Local 889, United Automobile, Aircraft, and Agricultural Implement Workers of America, affiliated- with the Congress of Industrial Organizations, for the purposes of collective bargaining. Mr. GERARD D . REILLY took no part in the consideration of the above Decision and Direction of Election.