Motor Products Corporation

National Labor Relations Board - Board Decisions

Jul 31, 1939

13 N.L.R.B. 1320 (N.L.R.B. 1939)

In the Matter of MOTOR PRODUCTS CORPORATION and, LOCAL 203,
INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA,
AFFILIATED WITH THE C. I. O.
Case No. R-1396.-Decided July 31, 1939
Automotive Parts Industry-Investigation of Representatives: controversy
concerning representation of employees: schism in Union produced separate
labor organizations affiliated with the A F. of L. and C. I. 0 ; contract for
members only with parent organization, is no bar, contract expires December
31, 1939-Unit Appropriate for Collective Bargaining: all production, non-pro-
duction, and maintenance employees in company's plant and powerhouse, ex-
cluding superintendents, foremen, assistant foremen, time-sindy men, plant-pro-
tection and administrative-office employees, watchmen, and experimental-labora-
tory employees ; stipulation as to-Representatives: no proof of choice-Election
Ordered
Mr. Charles F. McErlean, for the Board.
Mr. Maurice Sugar, by Mr. Jack N. Turner, of Detroit, Mich., for
the C. I. O.-Local 203.
Mr. Larry S. Davidow, and Mr. Edward N. Barnard, of Detroit,
Mich., for the A. F. L.-Local 203.
Hill, Hamblen, Essery ctc Lewis, by Mr. John K. Worley, of Detroit,
Mich., for the Company.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 20, 1939, Local 203, International Union, United Auto-
mobile Workers of America, affiliated with the C. I. 0., herein called
C. I. O.-Local 203, filed with the Regional Director for the Seventh
Region (Detroit, Michigan) a petition alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Motor Products Corporation, Detroit, Michigan, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On May 9, 1939,
the National Labor Relations Board, herein called the Board, acting
13 N. L R. B., No. 122.
1320
MOTOR PRODUCTS CORPORATION 1321
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation and authorized the Regiolal
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On May 12, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
C. I. O.-Local 92,03; upon Local 203, International Union, United
Automobile Workers of America, a labor organization affiliated with
the American Federation of Labor, herein called A. F. L.-Local
203; and upon Homer Martin, president of the International Union,
United Automobile Workers of America. a labor organization, affil-
iated with the American Federation of Labor. Pursuant to the
notice and postponement a hearing was held on June 1, 2, 5, 6, and
7, 1939, at Detroit, Michigan, before Henry W. Schmidt, the Trial
Examiner duly designated by the Board. The Board, the Company,
C. I. O.-Local 203, and A. F. L.-Local 203 were represented by coun-
sel and participated in the hearing. 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 denied motions of the A. F. L.-Local
203 to dismiss the petition for want of jurisdiction of the Board to
entertain the petition during the pendency of a Court proceeding
involving the determination of the party entitled to the use of the
name, International Union, United Automobile Workers of America.
In the course of the hearing, also, 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 Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Pursuant to notice duly served upon the parties, a hearing for the
purpose of oral argument was held before the Board in Washington,
D. C., on June 30, 1939. The Company, C. I. O.-Local 203, and
A. F. L.-Local 203 were represented by counsel and participated in
the argument..
Upon the entire record in the case, the Board makes the following :
FINDINO3 OF FACT
1. THE BUSINESS OF THE COMPANY
Motor Products Corporation, incorporated in the State of New
York and licensed to do business in Michigan, operates a plant at
Detroit, Michigan, at which it produces automotive parts.
1322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In its manufacture the Company annually uses raw materials, in-
cluding glass, steel, rubber, paint, and shipping cartons of the value
of•$5,000,000. Almost 99 per cent of these raw materials are brought
to the Company's plant from States other than Michigan. The Com-
pany's finished products, consisting of parts for automobiles, are sold
to automobile manufacturers including Chrysler, Ford, Briggs,
Studebaker, Hudson, Chevrolet, Murray, and Graham-Paige. Ex-
cept for the shipments to Studebaker, which constitute 81/2 per
cent of the total, the balance of the Company's products are delivered
to these purchasers in the State of Michigan. A large proportion of
the finished products of each of these manufacturers, which have
incorporated within them the products of the Company, are sold and
transported in interstate commerce.
During the pay-roll period ending April 19, 1939, the Company em-
ployed more than 2,000 persons.
II. THE ORGANIZATIONS INVOLVED
On January 20, 1939, a schism occurred in the ranks of Inter-
national Union, United Automobile Workers of America, herein
called the International Union, a labor organization then affiliated
with the Congress of Industrial Organizations. Local 203 was a
local of said International Union. As we have heretofore found in
Matter of Chrysler Corporation and United Automobile Workers of
America, Local 371, agliated with C. I. 0., et al.,' the events of
January 20, 1939, and thereafter have given rise to two separate
labor organizations, one affiliated with the Congress of Industrial
Organizations, herein called the C. I. O.-U. A. W., and the other
affiliated with the American Federation of Labor, herein called
A. F. L.-U. A. W.
Since the cleavage in the International Union, the members of
Local 203 have similarly divided into two rival groups, one, herein
called the C. I. O.-Local 203, affiliated with the C. I. 0.-U. A. W.,
and the other, herein called the A. F. L.-Local 203, affiliated with
the A. F. L.-U. A. W.
We find that Local 203, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., and Local 203, Inter-
national Union, United Automobile Workers of America, affiliated
with the A. F. of L., are labor organizations, each admitting to mem-
bership production, non-production, and maintenance employees of
the Company, excluding superintendents, foremen, assistant foremen,
time-study men, plant-protection and administrative-office employees,
watchmen, and experimental-laboratory employees.
113 N L R B. 1303.
MOTOR PRODUCTS CORPORATION
III. THE QUESTION CONCERNING REPRESENTATION
1323
On November 14, 1938, the International Union and the Company
entered into a contract whereby the International Union was recog-
nized as collective bargaining agent of those employees within the
unit defined in the contract who were members of the International
Union. The contract will expire on December 31, 1939. A contract
which recognizes a collective bargaining agent as representative of its
members only is not a bar to our determination of representatives in
this proceeding.2
Since January 20, 1939, the Company has refused to recognize
either C. I. O.-Local 203 or A. F. L.-Local 203 as the representative
of its employees and has, insisted, whenever either organization has
requested a conference for the purposes of collective bargaining, upon
inviting the other organization to be present, asserting that it does
not know with which organization it is required to deal pursuant to
the provisions of the Act.
We find that a question has arisen concerning 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 contract of November 14, 1938, between the Company and the
International Union, covers all employees of the Company, excluding
direct representatives of the management such as superintendents,
foremen, and assistant foremen, and excluding time-study men, plant-
protection and administrative-office employees, watchmen, and time-
keepers who also act in the capacity of pay-roll clerks.
During the hearing the parties more specifically defined what they
considered to be the appropriate unit. We see no reason for altering
2 See Matter of Northrop Corporation and United Automobile Workers, Local No. 229,
3 N. L. R. B. 228; Matter of Unit Cast Corporation and Steel Workers Organizing Com-
miitee, 7 N L R. B 129; Matter of Santa Fe Tra Is Tran.,portation Company and Inter-
national Association of Machinists, Local Lodge 1308, 7 N. L. R B. 358; Matter of Fisher
Body Corporation and United Automobile Workers of America, Local 76, 7 N L R B.
1083; and others
1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the unit which the parties themselves have indicated as being appro-
priate.
We accordingly find that all production, non-production, and main-
tenance employees of the Company in its plant and powerhouse, but
not in the administrative offices, excluding superintendents, foremen,
assistant foremen, time-study men, plant-protection and administra-
tive-office employees, watchmen, and experimental-laboratory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining and that said 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. TIE Dr, TERM INATION OF REPRESENTATIVES
C. I. O.-Local 203 claims that it has been designated as collective
bargaining agent by more than 85 per cent of the employees of the
Company within the appropriate unit. A. F. L.-Local 203 also claims
to have been designated as collective bargaining agent by a majority
of the employees within the appropriate unit.
The record does not contain any evidence as to the actual designa-
tions of each of these organizations, and, in order to determine the
choice of the employees, it will be necessary to hold an election.
The contract of November 14, 1938, provides the method for deter-
mining the seniority standing of each employee and also provides that
seniority standing, once acquired, shall be retained for one year after
lay off.
We shall direct that all employees of the Company within the ap-
propriate unit who were employed by the Company during the pay-
roll period immediately preceding the date of this Decision and Direc-
tion of Election, together with all employees who have been laid off but
who on the date of this Decision and Direction of Election still retain
their seniority pursuant to the provisions of the contract of November
14, 1938, including employees who did not work during that pay-roll
period because they were ill or on vacation, shall be eligible to vote in
the election.
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 the Motor Products Corporation, Detroit,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7)'of the National Labor Relations Act.
2. All production, non-production, and maintenance employees of
the Motor Products Corporation in its plant and powerhouse, but not
MOTOR PRODUCTS CORPORATION 1325
in the administrative offices, excluding superintendents , foremen, as-
sistant foremen , time-study men, plant -protection and administrative-
office employees , watchmen, and experimental -laboratory employees,
constitute a unit appropriate for the purposes of collective bar-
gaining 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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for collective bargaining, an election by
secret ballot shall be conducted within fifteen (15) days from the
date of this Direction of Election 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 sub-
ject to Article III, Section 9, -of said Rules and Regulations, among all
the production, non-production, and maintenance employees of the
Motor Products Corporation, Detroit, Michigan, in its plant and pow-
erhouse, but not in the administrative offices, who were employed by
the Company during the pay-roll period immediately preceding the
date of this Decision and Direction of Election and including em-
ployees who, on the date of this Decision and Direction of Election,
were laid off but still retain their seniority in accordance with the pro-
visions of the contract of November 14, 1938, including also any em-
ployees who did not work during such pay-roll period because they
were ill or on vacation, excluding superintendents, foremen, assistant
foremen, time-study men, plant-protection and administrative-office
employees, watchmen, and experimental-laboratory employees, to de-
termine whether they desire to be represented by C. I. O.-Local 203,
International Union, United Automobile Workers of America, or
by A. F. L.-Local 203, International Union, United Automobile
Workers of America, or by neither.