Packard Motor Car Co.

National Labor Relations Board - Board Decisions

Dec 14, 1944

59 N.L.R.B. 966 (N.L.R.B. 1944)

In the Matter Of PACKARD MOTOR CAR COMPANY and MEOtIANICS
EDUCATIONAL SOCIETY OF AMERICA, CUA
Case No. 8-R-1694.-Decided December 14, 19414
Mr. D. C. Livesay, of Toledo, Ohio, and Mr. C. R. Binns, of De-
troit, Mich., for the Company.
Mr. Earl S. Streeter, of Toledo, Ohio, for MESA.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition.,duly filed by Mechanics Educational Society of
America, CUA, herein called MESA, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Packard Motor Car Company, Toledo, Ohio, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Arthur Stark, Trial
Examiner. Said hearing was held at Toledo, Ohio, on November 10,
1944. The Companyy and MESA appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an 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
Packard Motor Car Company, a Michigan, corporation with its
principal office in Detroit, Michigan, owns and, operates several,
plants in and about the Detroit area. In addition thereto, it operates
a plant owned by the Defense Plant Corporation located at Toledo,
Ohio, hereinafter referred to as the Toledo plant, with which we are
59 N. L. R. B., No. 180.
966
PACKARD MOTOR CAR COMPANY 967
concerned herein. The Company is engaged at the Toledo plant in
the manufacture of aircraft engine parts for the United States Gov-
ernment and others of the United Nations. The primary raw mate-
rials used at said plant consist of steel and aluminum, 80 percent of
which is obtained from points outside the State of Ohio. During the
past year, the Company used raw materials valued at in excess of
$300,000, and manufactured during that period finished products
valued at in excess of $1,000,000, all of which were shipped to points
outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
Mechanical Educational Society of America, affiliated with the
Confederated Unions of America, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to MESA as the
exclusive bargaining representative of certain of ifs employees until
MESA has been certified by the Board in an appropriate unit.
-A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that MESA represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
MESA contends that a unit of all employees of the Company in the
TPA, TPK, and TTB departments of the Company excluding time-
study and supervisory employees is appropriate. The Company does
not disagree with the unit proposed, but would further exclude clerical
employees and the special assignment man.
Employed in TPK are tool and process engineers, tool designers,
and a special assignment man. There is only one employee in TPA,
a tool designer. In TTB are plant lay-out and 'timekeeping em-
ployees. Each of these departments also employ clerks, typists, and
stenographers. TPA and TPK together with TPF (toolroom) com-
prise the Mechanical Division of the Company. The employees 'in
The Field Examiner reported that MESA submitted 24 authorization cards ; that the
names of 21 persons appearing on the cards were listed on the Company's current pay roll
which contained the names of 30 employees in the appropriate unit ; and that the cards
were dated 14 in July 1944, 3 in August 1944, 3 in October 1944, and 1 was undated
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
TPF are all hourly paid employees and are presently represented for
the purposes of collective bargaining by MESA.2 The department
is under the supervision of the Master Mechanic. TTB is part of the
Standards Division of the Company, which is separated from and
under different supervision from the Mechanical Division. The only
other section of this Division is the tool crib which is presently repre-
sented by the C10.3
The unit proposed by MECA is not a homogeneous unit. It doe's
not constitute a craft, multiple-craft, departmental, or divisional unit.
It cuts across departmental and divisional lines and cannot be de-
lineated in any way on a functional basis. We are of the opinion,
however, that a unit comprising all the employees of the Mechanical
Division of the Company would be appropriate. In view of the
absence of any question concerning representation among the TPF
employees in the Mechanical Division for which MESA was previ-
ously certified by the Board, we shall direct an election among the
remaining divisional employees in the TPA and TPK departments.
If the employees in such voting group select MESA, they will thereby
have indicated their desire to be included in a divisional unit with the
employees of TPF, the toolroom, and will be part of such unit.
Special assignment men normally occupy a supervisory position.
The only one now employed, however, is presently engaged in passing
upon suggestions presented to the Company by its employees, in con-
riection with the war effort, for improved methods of production:
We are of the opinion that his interests are more closely allied with
those of management than with those of the employees here petitioned
for. We shall exclude him from the unit. We shall also exclude
clerical employees who, we customarily find, have duties and interests
differing substantially from those of technical employees.
We shall accordingly direct that the question concerning repre-'
sentation which has arisen be resolved by an election by secret ballot
among the employees in TPA and TPK departments, excluding time-
study and clerical employees, special assignment men, and all other
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 within the
respective departments' during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
2 Matter of Packard Motor Car Company, 54 N. L. It. B . 1029.'
S See footnote 2.
* The Company intends to hire 'additional speciAl assignment : men in the.near.future•who
will be engaged in a supervisory capacity.
PACKARD MOTOR CAR COMPANY 969
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Packard Motor
Car Company, Toledo, Ohio, 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 Eighth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, in the
group of employees described in Section IV, above, who were em-
ployed 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 who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Mechanics
Educational Society of America, CUA, for the purposes of collective
bargaining.
CHAIRMAN Miraas took no part in the consideration of the above
Decision and Direction of Election.