Willys-Overland Motors, Inc.

National Labor Relations Board - Board Decisions

May 16, 1946

68 N.L.R.B. 15 (N.L.R.B. 1946)

In the Matter Of WILLYS-OVERLAND MOTORS, INC. and MECHANICS
EDUCATIONAL SOCIETY OF AMERICA, LOCAL No 4 (CUA)
Case No. 8-R-2117.-Decided May 16, 1946
Messrs. James F. Holden, Frank C. Lau, E. A. Schnell, and Ralph
Presto,i, of Toledo, Ohio, for the Company.
Mr. Earl S. Streeter, of Toledo, Ohio, for M. E. S. A.
Messrs. J. G Meiner and Walter T. Lynch, of Cleveland, Ohio, for the
Die Sinkers.
Hr. Howard Tausch, of Cleveland, Ohio, and Mr. Frank D. Morgan,
of Toledo, Ohio, for the I. A. M.
Mr. B. M. Ettenson, 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, Local No. 4 (CUA), affiliated with the Mechanics Educational
Society of America, herein called M. E. S. A., alleging that a question
affecting commerce had arisen concerning the representation of employ-
ees of Willys-Overland Motors, Inc., Toledo, Ohio, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Thomas E. Shroyer, Trial Ex-
aminer. The hearing was held at Toledo, Ohio, on March 28, 1946. The
Company, M. E. S. A., The International Die Sinkers Conference, herein
called the Die Sinkers, and the International Association of Machinists,
herein called the I. A. M., appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues . The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
68 N. L R B, No. 4.
15
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Willys-Overland Motors, Inc., is a Delaware corporation with plant
and offices in Toledo, Ohio, where it is engaged in the manufacture of
civilian jeeps; the principal raw materials used by the Company are
steel, iron, rubber, and glass. During 1945, the Company received at its
Toledo plant such raw materials of a value in excess of $10,000,000, of
which more than 50 per cent was shipped to the plant from points out-
side Ohio. During the same period, the production of the plant exceeded
$8,000,000 in value, of which more than 50 percent was shipped to points
outside Ohio.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
Mechanics Educational Society of America, Local No. 4 (CUA), is a
labor organization affiliated with Mechanics Educational Society of
America, admitting to membership employees of the Company.
The International Die Sinkers Conference is an unaffiliated labor or-
ganization admitting to membership employees of the Company.
International Association of Machinists is a labor organization admit-
ting to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to M. E. S. A. as the
exclusive bargaining representative of the employees of Department 109
of the Company until that labor organization has been certified by the
Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that M. E. S. A. represents a substantial number of employees
in the unit hereinafter found appropriate.-
1 The Trial Examiner reported that 114 E. S A. submitted a total of 35 cards, of which 33
were checked against the pay roll for the period ending March 12, 1946, and were found to be
listed thereon , that the Die Sinkers submitted 23 cards which were all checked against the
pay roll for the period ending March 12, 1946, and were found to be listed thereon.
In the unit for which M E S A petitions, there is a total of 68 employees and in tl>^t
for which the Die Sinkers petitions there is a total of 51 employees . The record indicates that
the total number of employees comprising Depaitment 109 of the Company is 68.
WILLYS-OVERLAND MOTORS, INC 17
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
W. THE APPROPRIATE UNIT
These proceedings are concerned with Department 109 of the Com-
pany's Toledo plant. This department, one of many in this large plant,
contains a craft group and several fringe groups which are functionally
necessary to the proper performance of the department. The total number
of employees in Department 109 is 68, of which 51 are employees who by
reason of their skill are eligible for membership in the Die Sinkers.
M. E. S. A. and I. A. M. each seeks to represent the department as a
unit. The Die Sinkers contends that the craftsmen should constitute a
separate unit because of their skill and singular unity of interest. All
parties agree, and we concur, that leaders are not supervisory employees
within the Board's customary definition and should be included in the
unit to be found appropriate.
This particular controversy presents no new issue to the Board, for as
early as 1938 we considered the problem of the appropriate unit for the
employees in Department 109.2 Later,3 the question was presented again
to us, and, based upon the record in that case, all the employees in De-
partment 109 were found to be an appropriate unit. In 1943, we directed
that a "Globe" election be held to determine the question whether the
appropriate unit should be department-wide or craft-wide.4 The Die
Sinkers, which sought the craft unit, was unsuccessful in this election,"
and as a result the entire Department 109 was established as the appro-
priate bargaining unit, and the I. A. M. was certified as its representa-
tive. After this election the Company and I. A. M. entered into a collec-
tive bargaining agreement for Department 109. This contract, expiring
May 9, 1946, was not urged as a bar to these proceedings.
In furtherance of the Die Sinkers' contention it presents evidence to
show that the 51 employees are highly skilled, that they are segregated
physically within the department, and that some of them have retained
affiliation with the craft organization since the last election in 1943.
It is true, as we found before, that this group is a skilled craft group.
Department 109 is housed in five separate buildings, and in only one of
2 Matter of Willys-Overland Motors, Inc, 9 N. L. R B 924, and 10 N. L R. B 160.
3 Matter of Willys-Overland Motors, Inc, 35 N. L. R. B . 549, and 38 N. L. R. B. 462.
1 Matter of Willys-Overland Motors, Inc, 52 N. L. R. B. 109, as amended in 52 N. L. R. B
548.
5 Matter of Willys-Overland Motors, Inc., 53 N. L. R. B. 1343.
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
these buildings, building No. 30, do the skilled craftsmen work.,, How-
ever, the record indicates that the craftsmen have participated in the
benefits secured by I. A. M., the Union most recently certified as the
bargaining organization for Department 109; that they have secured spe-
cial concessions through the efforts of I. A. M.; that they have presented
grievances to a committee composed of four employees, three of whom
are craftsmen; that they have become members of I. A. M.; and that they
have taken an active part in the leadership of I. A. M. These facts
strongly indicate acceptance of the departmental unit by the employees
whom the Die Sinkers seeks to carve out.
We are of the opinion that the Die Sinkers has not adduced sufficient
evidence to justify departure from our previous conclusions. It is as true
now as it was in 1943 that the craftsmen in Department 109 are physically
segregated and marked by superior skill, yet it is also true that the entire
department, including the Die Sinkers, is an integrated, functional group.
Further, the department-wide unit is now firmly established. The crafts-
men voted themselves into it in 1943 and have since collaborated in the
efforts of their department-wide representative. We, therefore, conclude,
rejecting the Die Sinkers' contention, that the departmental unit is the
appropriate unit.?
We further find, in accordance with the foregoing conclusions and our
previous unit findings, that all employees in Department 109 of the Com-
pany's Toledo plant, including die sinkers, trimmer die makers, header
die makers, edger men, die repairers (in forge), die. caulkers, die repair
and alteration men, forge die alteration men, die repairers, trim die re-
pairers, template makers, Keller Machine operators, shaper hands, shaper
milling machine operators, planer hands, Do-all saw operators, die lay-out
men, employees engaged in inspection and lay-out of dies and casts, ap-
prentices to die sinkers and trimmer die makers, draftsmen, die utility
men, machinist helpers, machine repairers, floor machinists, machinists,
trim die setters, utility men die room crib, die storage attendants, and
sweepers, but excluding all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status of
• In building No. 30 there are also employees not belonging to nor eligible to belong to the
Die Sinkers ., The other four buildings and the employees working therein are: building No 31,
drop forge die designers ( draftsmen ), building No. 108, drop forge hammer men and pressmen;
buildings No. K-1 and K-4, die storage department. The record indicates that expansion of
the department into five buildings was the result of war activities. Within the near future
the Company intends to consolidate the department in one building.
I Member Reilly would affirm his position in Allied Laboratories, 60 N L. R B. 1196, and
would deny craft severance here on the single ground that the die sinkers had once been given
on opportunity to express their wishes before being assimilated into a large department
organism.
Member Houston wishes to indicate his concurrence in this decision is not inconsistent
with his position in Allied Laboratories, supra He would deny to the craftsmen the opportunity
to seek a craft unit again on the ground that they have acquiesced in being represented as
part of the departmental unit and are effectively merged therewith.
WILLYS-OVERLAND MOTORS, INC. 19
employees, or effectively recommend such action, constitute a unit ap-
propriate 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 employees in the
appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to
the limitations and additions set forth in the Direction.
We will accord the Die Sinkers a place on the ballot. However, if it
does not desire to participate in the election, it may withdraw within ten
(10) days from the date of issuance of this Decision and Direction of
Election by notifying the Regional Director of the Eighth Region.
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, Secton 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 representatives
for the purposes of collective bargaining with Willys-Overland Mo-
tors, Inc., 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 matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and 11,
of said Rules and Regulations, among employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees 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 those employees 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 they desire to be represented
by Mechanics Educational Society of America, Local No. 4 (CUA),
affiliated with the Mechanics Educational Society of America, or by Inter-
national Die Sinkers Conference, or by International Association of Ma-
chinists, for the purposes of collective bargaining, or by none of said
organizations.
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