Willys Overland Motors, Inc.

National Labor Relations Board - Board Decisions

Sep 19, 1941

35 N.L.R.B. 549 (N.L.R.B. 1941)

In the Matter Of WILLYS OVERLAND MOTORS, INC. and INTERNATIONAL
DIE SINKERS CONFERENCE
Case No. R-2863.-Decided September 19, 191
Jurisdiction : automobile manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
tract terminable upon the designation of other collective bargaining represent-
atives by'the Board, no bar to; election necessary.
Unit Appropriate for Collective Bargaining : separate unit comprising (lie
sinkers, trimmer makers, and their apprentices.
Ritter c Dougherty, by Mr. James Holden, of Toledo, Ohio, for
the Company.
Mr. J. G. Meiner, of South Euclid, Ohio, for the Die Sinkers.
Dlr. C. M. Mulholland, of Toledo, Ohio, for the I. A. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 29, 1941, International Die Sinkers Conference, herein
called the Die Sinkers, filed with the Regional Director for the
Eighth Region (Cleveland, Ohio) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Willys Overland Motors, Inc., Toledo, Ohio, herein called
the Company, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On July 29, 1941, 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 31, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Die
Sinkers, and International Association of Machinists, herein called
35 N L . R. B., No. 122.
549
550 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the I. A. M., a labor organization claiming to represent employees
directly' affected by the investigation, and upon International Union,
United Automobile Workers of America, Local 12. Pursuant to
notice, a hearing was held on August 7, 1941, at Toledo, Ohio, before
Harry L. Lodish, the Trial Examiner duly designated by the Chief
Trial Examiner. International Union, United Automobile Workers
of America, Local 12, did not appear at the hearing. The Company,
the Die Sinkers, and the I. A. M. were represented 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 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. .
On August 26, 1941, the Die Sinkers filed a brief which the Board
has considered.
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., a Delaware corporation, is engaged
in the manufacture and sale of automobiles and automobile parts.
This proceeding concerns its plant at Toledo, Ohio. The Company
uses large quantities of raw materials in its manufacturing opera-
tions, more than 60 per cent of which are shipped to it from points
outside the State of Ohio. More than 90 per cent of the automo-
biles and automobile parts 'manufactured by the Company at its
Toledo plant are shipped outside the State of Ohio. The Company
admits that it is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
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
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The I. A. M. and the Company have had exclusive bargaining
contracts covering die sinkers employed at its Toledo plant since
September 1937. The last contract was entered into on June 10,
WILLYS OVERLAND MOTORS, INC. 551
1941. It stated that it was "subject to the condition that in case the
National Labor Relations Board shall designate another as the sole
bargaining agent for all or a part of the employees in this depart-
ment' on account of any electicn by employees in the designated
department, this agreement shall be superseded by an agreement
which the Company may make with the representative appointed
by the National Labor Relations Board as a sole bargaining agent
in pursuance of such election." Clearly the contract, being termin-
able upon the designation of other collective bargaining representa-
tives, does not constitute a bar to a present determination of
representatives.2
A statement of a Field Examiner of the Board, introduced in
evidence at the hearing, shows that the Die Sinkers represents a
substantial number of employees in the unit alleged by it to be
appropriate.3
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 Die Sinkers urges that all die sinkers, trimmer makers, and
their apprentices, constitute a unit appropriate for the purposes of
collective bargaining. The I. A. M. contends that all employees in
Department 109, which includes the persons claimed by the Die
Sinkers, constitute an appropriate unit and urges the dismissal of
the petition herein. At the hearing the Company expressed no
opinion with respect to the proposed units or any other unit.
On November 17, 1938, in a prior proceeding,' the Board found
that the die sinkers employed by the Company at its Toledo plant
'As hereinafter appears, the reference is to Department 109 of the' plant.
2 See Matter of Consolidated Aircraft Corporation and International Union, United
Automobile Workers of America, Local No. 506, C. I. 0., 7 N L. R B. 1061.
3 The Field Examiner reported that the Die Sinkers presented a petition to him signed
by 17 persons whose names appear on the Company's pay roll of July 21, 1941. There
are 24 employees on this pay roll who are in the alleged appropriate unit
+Matter of Willys Overland Motors Inc, and International Union, United Automobile
Workers of America, Local No 12, 9 N. L. R. B 924
552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
constitute a separate , unit appropriate for the purposes of collective
bargaining . At that time the die sinkers were members of the
I. A. Al. Thereafter, the I . A. M. bargained on behalf of , and, as
stated hereinabove , [has] entered into exclusive bargaining con-
tracts with the Company on behalf of the die sinkers and other
employees. However, in January 1941, the die sinkers severed their
affiliation with the I. A. M. and established the Die Sinkers. The
die sinkers are highly skilled craftsmen who serve a 7 to 9 years'
apprenticeship h'fore they become journeymen die sinkers. Under
all these circumsLen ^es, we are of the opinion that die sinkers, trim-
mer makers , and th _r ,ipprentices properly constitute a separate
bargaining unit.
We find that the Company' s die inkers , trimmer makers , and their
apprentices at its Toledo plant constitute a unit appropriate for
the purposes of collective bargaining . We further find that said
unit will insure to said 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 REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
direct that those eligible to vote in the election shall be the employ-
ees within the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction
of Election , subject to such limitations and additions as are here-
inafter set forth in the Direction.
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 rep-
resentation of employees of Willys Overland Motors, Inc., Toledo
Ohio, within the meaning of Section 9 (c) and Section 2 ( 6) and (7)
of the National Labor Relations Act.
2. The Company's die sinkers, trimmer makers, and their appren-
tices at its Toledo plant , 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
WILLYS OVERLAND MOTORS, INC. 55c3
Relations Act, 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 purposes of collective
bargaining with Willys Overland Motors, 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, Section 9, of
said Rules and Regulations, among the Company's die sinkers, trim-
mer makers, and their apprentices at its Toledo plant, who were
employed during the pay-roil period immediately preceding the
date of this Direction, including employees who did not work during
such pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or temporar-
ily laid off, but excluding employees who have since quit or been
discharged for cause, to determine whether they'desire to be repre-
sented by International Die Sinkers Conference, or by International
Association of Machinists, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.