Borg-Warner Corp.

National Labor Relations Board - Board Decisions

May 26, 1943

49 N.L.R.B. 1122 (N.L.R.B. 1943)

In the Matter Of WARNER GEAR DIVISION, BORG-WARNER CORPORATION
and INTERNATIONAL UNION, UNITED AUT0momi.E, AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, C.' I. O.
'Case No. 85324.Decided May 26,1943
11Mr. Philip TV. McAbee, of Muncie, Ind., for the Company.'
Mr. Carl Parker,t,of Indianapolis, Ind., for the Union.
Mr. Robert Silagi, of counsel to the Board.-
DECISION
i AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers ' of Alnerica,
C. I. O., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Warner Gear Division , Borg-Warner Corporation , Muncie; Indiana,
herein called the Company , the National Labor Relations Board pro-
vided ' for an' appropriate hearing upon due notice before Robert D.
`Malarney , Trial Examiner . Said hearing was held at Muncie, Indi-
ana, on 'May 10, 1943 . The Company and the Union appeared and
participated . All parties were a,ffoided 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 a, rmed.
Upon the entire record in the case,,the Board makes the,following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY 1
Borg-Warner Corporation is an Illinois corporation having its prin-
,cipal office and place of business at Chicago, Illinois. The Company
owns and, through its Warner Gear Division with which we are here
'The Company conceded that the character of its operations has not ehanffed so as to
affect its inteistate commerce activities since the issuance of the decision in Matter of
Borg-Wainer Corporation ( Warner Gear Division) and Cleo Badders, et al, 44 N. L.
R B.'105
49 N. L. R. B , No. 162.
1122
WARNER GEAR DIVISION 1-123
solely concerned,' operates four plants, at Muncie, Indiana, known as
Plants 1, 2, 3, and 4, where it manufactures transmissions and other
automotive parts. The Company annually purchases for use at its
Muncie plants raw materials valued in excess of $100,000, of which
more than 40 percent is shipped from points outside the State of
Indiana. The Company's annual sales exceed $150,000, of which more
than 75 percent represents shipments to points outside the State of
Indiana. About 95 percent of the Company's output goes directly
into the war prograln.
The Company admits that it is engaged in commerce within, the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its plant-protection' employees
until the Union has been certified by the Board.
A statement of an agent of the Board, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate 2
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 Act. -
IV. THE APPROPRIATE UNIT
The parties stipulate and we find that all plant-protection em-
ployees, excluding production, maintenance, supervisory, clerical
employees and office workers employed by the Company at its Plants
Nos. 1, 2, 3, and 4, located in the city of Muncie, Indiana, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
'The Field Examiner reported that ` the Union submitted 37 membership cards, 35 of
which bore apparently genuine original signatures, and 2 bore painted signatures;•that
the names of 36 persons appearing on the cards were listed on the Company 's pay roll
of April 30, 1943, which contained the names of 41 emploNegs in the appropriate unit;
that the cards were dated as follows . 8 in March, 1943 , 27 in April , 1943, and 1 undated.
531047-43-vol. 40-72
1124 DECIS20NS OF NATIONAL LABOR RELATIONS BOARD
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 em-
ployees in the appropriate unit who were employed during the pay-
I oll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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 9, 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 representa-
tives for the purposes of collective bargaining with Warner Gear Divi-
sion, Borg-Warner Corporation, Muncie, Indiana, 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 Ninth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, abpve,
who were employed 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 those employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Ii teinational Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, Amalgamated Local No. 353,3 for the purposes of
collective bargaining.
3'A request to appear thus on the ballot is hereby granted.