Briggs Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 16, 1939

17 N.L.R.B. 749 (N.L.R.B. 1939)

In the Matter of BRIGGS MANUFACTURING COMPANY AND BRIGGS IN-
DIANA CORPORATION and INTERNATIONAL UNION, UNITED AUTOMO-
BILE WORKERS OF AIIERIOA, AFFILIATED WITH THE C. I. 0., AND
LOCALS No. 212 AND No. 265, INTERNATIONAL UNION, UNITED
AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. B-1407
Automobile Body 1Ifannfactari1g Industry-Shpplcmen.tal Decision-Unit Ap-
propriate for Collective Bargaining: differs from unit found in original deci-
sion: single unit embracing seven plants; same organization chosen in each
plant; similarity of problems of wages, hours, and working conditions-
Certifica-tion of Representatives: following election.
SUPPLEMENTAL DECISION
- AND
CERTIFICATION OF REPRESENTATIVES
November 16,19-39
On July 31, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' On August 16, 1939, the Board issued
an Amendment to Direction of Election,2 and on August 17, 1939,
it issued an Amendment to the Amendment to Direction of Election.3
In the Decision the Board found, inter alia, that the production and
maintenance employees, with certain specified exclusions, at each of
the plants 4 of the Briggs Manufacturing Company and the Briggs
Indiana Corporation, herein collectively called the Company, consti-
tuted a unit appropriate for the purposes of collective bargaining,
and directed, in the Direction of Election, as amended, that a sepa-
rate election by secret ballot be conducted at each of the plants.
Pursuant to the Direction of Election, as amended, elections by
secret ballot were conducted on September 14, 1939, under the direc-
tion and supervision of the Regional Director for the Seventh Region
1 13 N. L. R. B. 1326.
214 N. L. It. B. 7`23.
a 14 N. L. R. B. 724.
4 The-pl'ants are Mack,
and Evansville.
Hamtramck, Vernor, Meldrmn, Highland Park, Eight-Mile Road,
17 N. L. R. B., No. 65.
749
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(Detroit, Michigan). On September 19, 1939, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, issued an Election
Report, copies of which were duly served upon the parties. No
exceptions to the Election Report have been filed by any of the
parties.
The Regional Director reported the following results of the
balloting :
MACK PLANT
Total number of employees eligible to vote_________________ 13,236
Total number of valid votes cast__________________________ 9, 982
Total number of votes for C. I. O.-International Union,
United Automobile Workers of America_________________ 8, 989
Total number of votes for A. F. L.-International Union,
United Automobile Workers of America ------------------ 380
Total number of votes for neither organization------------- 613
Total number of challenged ballots________________________ 2
Total number of blank ballots____________________________ 9
Total number of void ballots ------------------------------- - 41
HAMTRAMCK PLANT
Total number eligible to vote_____________________________ 180
Total number of valid votes cast___________________________ 158
Total number of votes for C. I. O.-International Union,
United Automobile Workers of America_________________ 126
Total number of votes for A. F. L.-International Union,
United Automobile Workers of America_________________ 6
Total number of votes for neither organization------------ 26
Total number of challenged ballots________________________ 0
Total number of blank ballots_____________________________ 0
Total number of void ballots _____________________________ 0
VERNOR PLANT
Total number of employees eligible to vote---------------- 2,595
Total number of valid votes cast__________________________ 1,462
Total number of votes for C. I. O.-International Union,
United Automobile Workers of America_________________ 1, 275
Total number of votes for A. F. L.-International Union,
United Automobile Workers of America_ _______________ 59
Total number of votes for neither organization_____________ 128
Total number of challenged ballots------------------------ 8
Total number of blank ballots_____________________________ 1
Total number of void ballots ______________________________ 3
MELDRUM PLANT
Total number of employees eligible to vote_________________ 1, 145
Total number of valid votes cast__ ________________________ 663
Total number of votes for C. 1. O.-International Union,
United Automobile Workers of America_________________ 609
Total number of votes for A. F. L.-International Union,
United Automobile Workers of America_________________ 43
BRIGGS MANUFACTURING COMPANY 751
MELDRUM PLANT-Continued
Total number of votes for neither organization------------- 11
Total number of challenged ballots________________________ 0
Total number of blank ballots____________________________ 0
Total number of void ballots______________________________ 2
HIGHLAND PARK PLANT
Total number of employees eligible to vote_______________ 2, 973
Total number of valid votes cast_________________________ 1,212
Total number of votes for C. I. O.-International Union,
United Automobile Workers of America________________ 1, 078
Total number of votes for A. F. L.-International Union,
United Automobile Workers of America________________ 23
Total number of votes for neither organization ------------ 111
Total number of challenged ballots_______________________ 15
Total number of blank ballots____________________________ 1
Total member of void ballots____________________________ 9
EVANSVILLE, INDIANA, PLANT
Total number of employees eligible to vote--------------- 1, 312
Total number of valid votes cast ------------------------- 1,187
Total number of votes for C. I. O.-International Union,
United Automobile Workers of America________________ 655
Total number of votes for A. F. L.-International Union,
United Automobile Workers of America_________________ 524
Total number of votes for neither organization, ----------- 8
Total number of challenged ballots_______________________ 19
Total number of blank ballots_____________________________ 0
Total number of void ballots_____________________________ 0
EIGHT-MILE ROAD PLANT
Total number of employees eligible to vote_______________ 1, 791
Total number of valid votes cast_________________________ 667
Total number of votes for C. I. O.-International Union,
United Automobile Workers of America________________ 569
Total number of votes for A. F. of L.-International Union,
United Automobile Workers of America_________________ 17
Total number of votes for neither organization ----------- 81
Total number of challenged ballots______________________ 2
Total number of blank ballots__________________________ 1
Total number of void ballots_____________________________ 2
On September 21, 1939, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., herein called the
C. I. O.-U. A. W., Locals Nos. 212 and 265, International Union,
United Automobile Workers of America, affiliated with the C. I. 0.,
and International Union, Federation of Architects, Engineers, Chem-
ists and Technicians, filed with the Board a "Motion to Amend Deci-
sion and for Certification on the Basis of the Employer Unit"
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wherein the C. I. O.-U. A. W. requested that the Board amend its De-
cision so as to establish a single unit consisting of the production and
maintenance employees of the Company at all of its plants , and for
permission to argue orally and to file briefs . On September 27, 1939,
the Congress of Industrial Organizations filed a motion for leave to
intervene and argue orally and file briefs on the motion of the C. I.
O.-U. A. W. On October 2, 1939, the Board granted the motion of
the C. I. O.-U. A. W. to argue orally and file briefs, and the motion
of the Congress of Industrial Organizations.
Pursuant to notice a hearing for the purpose of oral argument on
the motion of the C. I. O.-U. A. W. was held before the Board at Wash-
ington, D. C., on November 8, 1939. The C. I. O.-U. A. W., the Con-
gress of Industrial Organizations, and the Company were repre-
sented by counsel and participated in the argument. The. C. I. 0.-
U. A. W., the Congress of Industrial Organizations, and the Inter-
national Union, United Automobile Workers of America, affiliated
with the A. F. of L., filed briefs, which the Board has considered.
Upon the entire record in the case, the Board. makes the following
supplemental findings of fact which supersede, to the extent that
they are inconsistent therewith, the findings of fact made in the
Board's Decision and Direction :
SUPPLEMENTAL FINDINGS OF FACT
I. THE APPROPRIATE UNIT
In its motion the C. I. O.-U. A. W. requests the Board to amend its
Decision so as to provide for a single appropriate unit consisting of
the production and maintenance employees of the Company at all of
its plants. The Company, at oral argument, indicated that it took
no position on the proposed amendment . The A. F. L.-U. A. W.
opposed the motion of the C. I. O.-U. A. W., contending that the
production and maintenance employees at each plant constitute an
appropriate unit.
At the time of our original decision there was no indication in the
record as to the relative strength of the C. I. O.-U. A. W. and A. F. L.-
U. A. W. in the various plants . The results of the elections, which
are a part of the investigation conducted by the Board, now show that
the C. I. O.-U. A. W. has been designated as ' collective bargaining
agent by a majority of the production and maintenance employees
in each of the plants . The employees at each of these plants have,
in the exercise of the right to self-organization guaranteed by the
Act, chosen the same organization to represent them in collective
bargaining. In view of this fact and in view of the fact that prob-
lems of waves, hours, and working conditions arising at each of the
plants are similar, we believe that the employees in all the plants
may properly constitute a single bargaining unit.
BRIGGS _IIANUI'AC TURING COMPANY 753
We accordingly find that all the production and maintenance em-
ployees employed by the Company at its plants situated in the cities
of Detroit, Hamtramck, and Highland Park, Michigan, and in
Evansville, Indiana, including all operators of Company motor trans-
portsequipment and those engaged in its maintenance; factory clerical
employees paid on an hourly rate basis; all engineers-whether paid
on an hourly rate or salary basis-except those employed on ex-
perimental model work and all those who have the right to hire
or discharge; all detailers, draftsmen, and designers, whether paid
on an hourly rate or salary basis, except those who have the right to
hire or discharge ; but excluding direct representatives of the manage-
ment such as officers and directors of the Company, sales managers
and assistant managers, factory managers and assistant managers,
directors and employees of the personnel and industrial relations
department, directors of purchases and assistants, superintendents
and assistant superintendents, general foremen, foremen, and assist-
ant foremen, other persons working in asupervisory capacity, in-
cluding those having the right to hire or discharge, and those whose
duties include recommendations as to hiring or discharging (but
not persons designated as leaders), time-study men, plant-protection
employees, known as watchmen, and all salaried employees, except
those engineers, detailers, draftsmen, and designers specifically in-
cluded above, constitute a single unit appropriate for the purposes
of collective bargaining and that said unit will insure to these em-
ployees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
Upon the basis of the above supplemental findings of fact, the
findings of fact, not inconsistent therewith, which were made in the
Board's Decision and Direction of Election,' and. the entire record
in the case, the Board makes the following supplementary conclusion
of law which supersedes the second conclusion of law made in said
Decision and Direction of Election.
SUPPLEMENTARY CONCLUSION OF LAW
All the production and maintenance employees employed by the
Company at its plants situated in the cities of Detroit, Hamtramck,
and Highland Park, Michigan, and in Evansville, Indiana, including
all operators of Company motor-transport equipment and those en-
gaged in its maintenance; factory clerical employees paid on an
hourly rate basis; all engineers-whether paid on an hourly rate
or salary basis-except those employed on experimental model work
and all those who have the right to hire or discharge; all detailers_
513 N. L. R. B. 1326.
754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
draftsmen, and designers, whether paid on an hourly rate or salary
basis, except those who have the right to hire or discharge -, but
excluding direct representatives of the management such as officers
and directors of the Company, sales managers and assistant
managers, factory managers and assistant managers, directors
and employees of the personnel and industrial relations de-
partment, directors of purchases and assistants, superintendents
and assistant superintendents, general foremen, foremen, and
assistant foremen, other persons working in a supervisory ca-
pacity, including those having the right to hire or discharge, and.
those whose duties include recommendations as to hiring or dis-
charging (but not persons designated as leaders), tune-study men,.
plant-protection employees, known as watchmen, and all salaried
employees, except those engineers, detailers, draftsmen, and de-
signers specifically included above, constitute a single unit appropri=
ate for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series 2,
IT IS IIEBEBY cEBTIFIEI that the International Union, United Auto-
mobile Workers of America, affiliated with the C. I. 0., has been desig-
nated and selected by a majority of the production and maintenance
employees employed by the Company at the following plants: Mack,
Highland Park, Vernor, Meldrum, Eight-Mile Road, Hamtrarnck, sit-
uated in the cities of Detroit, Hamtramck, and Highland Park, Michi-
gan, and the Evansville plant, situated in Evansville, Indiana, includ-
ing all operators of Company motor-transport equipment and those en-
gaged in its maintenance; factory clerical employees paid on an hourly
rate basis ; all engineers-whether paid on an hourly rate or salary
basis-except those employed on experimental model work and all those
who have the right to hire or discharge; all detailers, draftsmen, and
designers, whether paid on ap hourly rate or salary basis, except those
who have the right to hire or discharge; but excluding direct repre-
sentatives of the management such as officers and directors of the
Company, sales managers and assistant managers, factory managers
and assistant managers, directors and employees of the personnel and
industrial relations department, directors of purchases and assistants,
superintendents and assistant superintendents, general foremen, fore-
men, and assistant foremen, other persons working in a supervisory
BRIGGS MANUFACTURING COMPANY 755
capacity, including those having the right to hire or discharge, and
those whose duties include recommendations as to hiring or discharg-
ing (but not persons designated as leaders), time-study men, plant-
protection employees, known as watchmen, and all salaried employees,
except those engineers, detailers, draftsmen, and designers specifically
included above, as their representative for the purposes of collective
bargaining, and that, pursuant to Section 9 (c) of the National Labor
f:elations Act, International Union, United Automobile Workers of
America, affiliated with the C. I. 0., is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
MR. EDWIN S. SMITH, concurring:
While I adhere to the reasons previously expressed by me for find-
ing a single bargaining unit in this case, I concur in the result reached
by the majority in this Supplemental Decision.