Ford Motor Co.

National Labor Relations Board - Board Decisions

Apr 7, 1941

30 N.L.R.B. 985 (N.L.R.B. 1941)

In the Matter of FORD MOTOR COMPANY, A DELAWARE CORPORATION
and \ INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF
AMERICA, AFFILIATED WITH THE C. I. 0.
Cases Nos. R-2425 and B-2426.-Decided April 7, 1941-
Jurisdiction : automobile manufacturing industry.
Investigation and Certification of Representatives: existence of question: stipu-
lated; elections neecessary.
Held: Eligibility to vote shall be determined by pay roll for entire month
preceding Direction of Elections where it appeared that the Company
keeps no pay-roll list and that employees although paid every two weeks
are not paid on the same day but some are paid every day.
Held: Employees who have been discharged and on whose behalf charges
have been filed may vote in an election but their ballots shall be segre-
gated and ruling as to their effect shall be deferred until after the election.
Held: A labor organization submitting only membership cards dated
three or more years before the hearing, making no showing of current
designation, or authorization by employees, and failing to secure new
members, collect dues, hold meetings, or otherwise function as a bona fide
labor organization for a considerable period of time during which it was
free to do so, should not be accorded a place on the ballot.
Units Appropriate for Collective Bargaining : Lincoln plant: production, main-
tenance, and clerical employees with specified exclusions; agreement as to-
River, Rouge plant: single or separate units comprising: (1) production,
maintenance, and clerical employees with specified exclusions; (2) pattern
makers, wood and metal, and apprentices ; determination of, depedent upon
elections.
Mr. 'Harold A. Crane field and Mr. Frederick R. Levinstone, for
the Board.
Mr. I. A. Capizzi, Mr. Edmund J. Gallagher, and Mr. Buell
Doelle, of Detroit, Mich., for the Company.
Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit,, Mich.,
for the U. A. W.-C. I. 0.
Mr. J. L. Busby, of Detroit, Mich., for F. L. U. 22550 and F. L. U.
2255'1.
Mr. George Q. Lynch,, of Washington, D. C., for the Pattern
Makers.
Mr. Joseph A. Padway, by Mr. Henry Kaiser and Mr. James A.
Glenn, of Washington, D. C., for F. L. U. 22550, F. L. U. 22551, and
the Pattern Makers.
Mr. William S. McDowell, of Detroit, Mich., for the F. B. A.
Mr. Warren L. Sharfman, of counsel to the Board.
30 N L . It. B., No. 141.
985
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On December- 31, 1940, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., herein called the
U. A. W.-C. I. 0., filed with the Regional Director for the Seventh
Region (Detroit, Michigan) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
employed at the Lincoln plant of the Ford Motor Company, Dear-
born, Michigan, herein called the Company,' and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On February 18, 1941, U. A. W.-C. I. O. filed a similar
petition with respect to employees employed at the River Rouge
plant of the Company, Dearborn, Michigan. On March 5, 1941, the
National Labor Relations Board, herein called the Board acting pur-
suant 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 with respect to the Lincoln plant
of the Company and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. On
March 12, 1941, the Board ordered a similar investigation and hear-
ing with respect to the River Rouge plant of the Company, and,
at the same time, acting pursuant to -Article III, Section 10 (c) (2)
of said Rules and Regulations, ordered that the two cases be
consolidated.
On March 13, 1941, the Regional Director issued a notice of hear-
ing on the consolidated cases, copies of which were duly served
upon the Company, upon Lincoln Motor Company, Inc., upon U.
A. W.-C. I. 0., upon Federal Labor Union, River Rouge plant, Ford
Motor Company, No. 22551, herein called F. L. U. 22551, a labor
organization claiming to represent employees directly affected by
the, investigation at the River Rouge plant, and upon Federal Labor
' The petitioner also named Lincoln Motor Company, Inc , as the employer of the em-
ployees covered by this petition, and the formal papers in the case named Lincoln Motor
Company, Inc., in the title of this proceeding. During the hearings it was shown that
Lincoln Motor Company, Inc. is not engaged in any business ; that the Lincoln plant, located
at Detroit, Michigan, including the buildings, land and machinery, are owned by Ford
Motor Company ; and that the employees working at the Lincoln plant are employees of
the Ford Motor Company. On the last day of the hearing counsel for the Ford Motor
'Company requested' that Lincoln Motor Company, Inc. be excluded from the proceeding.
Shortly thereafter, counsel for the Board asked that the proceeding be dismissed as to
Lincoln Motor Company, Inc. The Trial Examiner reserved ruling on these requests for'
the Board. The requests are hereby granted. Lincoln Motor Company, Inc. will be
dismissed from the proceeding and the title of the proceeding will be altered accordingly.
FORD MOTOR COMPANY 987
Union, Lincoln plant, Ford Motor Company, No. 22550, herein called
F. L. U. 22550, a labor organization claiming to represent employees
directly affected by the investigation at the -Lincoln plant.
Pursuant to notice, a hearing was held on March 24, 25, and 126,
1941, at Detroit, Michigan, before William R. Ringer,- the Trial
Examiner duly designated by the Chief Trial Examiner. At the
commencement of the hearing, Pattern Makers'Association of Detroit
and • Vicinity, affiliated with- Pattern Makers League of North
America, herein called the Pattern Makers, a labor organization
claiming to represent employees at the River Rouge plant of the
Company, filed a motion to intervene in the proceeding involving the
River Rouge plant. The Trial Examiner granted the motion. Sub-
sequently, Ford Brotherhood of America,, Inc., herein called the
F. B. A., a labor organization claiming to represent employees at the
River Rouge plant of the Company,' filed a motion to intervene in
the proceeding involving the River Rouge plant. On the last day
of the hearing, the Trial Examiner granted the motion. The Com.
pany, the U. A. W.-C. I. 0., F. L. U. 22550, F. L. U. 22551, the
Pattern Makers and the F. B. A. were represented by counsel and '
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues was afforded all parties.
At the commencement of the hearing, the Company filed a motion
alleging in substance that (1) U. A. W.-C. I. O. has Communists
controlling and dominating it; (2) the Detroit regional office has in
its employ certain communist sympathizers holding responsible posi-
tions; (3) the Company is a large industry engaged in national de-
fense whose seizure would paralyze vital manufacturing of war
defense products; (4) the Company believes that there is a con-
spiracy between the Communist party, certain leaders and advisers
of the U. A. W.-C. I. 0., and responsible officials of the Detroit
regional office to pervert the purposes of the Act and to utilize the
Board to accomplish the subversive purposes of Communism and thus
to gain control of another vital industry engaged upon production
of war defense needs; (5) the U. A. W.-C. I. O. introduced the sit-
down and slow-down strikes to industry, and, by strikes, is jeopardiz-
ing the national defense program; (6) 31/2 years ago, following a
reign of sit-down strikes, the U. A. W.-C. I. O. engaged in a cam-
paign of vilification and falsification to create discontent among
employees of the Company, which campaign is still continuing. The
Company, therefore, moved for dismissal of these proceedings, or, in
the alternative, that the proceedings be transferred to another region
of the Board free from communistic influences. The Trial Examiner
referred the motion to the Board for decision. The Board hereby
denies the motion.
988 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD
Immediately after the Company made the foregoing, motion, the
U. A. W.-C. I. 0. moved that the Company's motion be stricken from
the record as not being made in good faith. The Trial Examiner re-
served ruling on this motion for the Board. The motion is hereby
denied. -
Following the filing of its motion, the Company requested subpenas
for 17 named individuals in order to produce proof to support it.
The Trial Examiner refused the request. During the course of the
hearing, the Trial Examiner made several other rulings on motions
and on objections to the admission of evidence. The Board has re-
viewed the rulings of the Trial Examiner and finds that. no prejudi-
cial errors were committed. The rulings are hereby affirmed with the
exception noted in Section VI, below.
Pursuant to notice duly served upon all the- parties, a hearing
for the purpose of oral argument was held before the Board on April
5, 1941, in Washington, D. C. The Company, the U. A. W.-C. I. 0.,
F. L. U. 22550, F. L. U. 22551, the Pattern Makers, and the F. B. A.
were represented by counsel.and participated in the argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ford Motor Company is a Delaware corporation having its prin-
cipal executive offices at Dearborn, Michigan. It is engaged in the
manufacture, assembly, sale, and distribution of automobiles and
automobile trucks and various types of automobile parts and
accessories.2 The Company owns, operates, or maintains assembly
plants in many States throughout the country. The only plants
with which we are here concerned are the Lincoln plant at Detroit,
Michigan, and the River Rouge plant at Dearborn, Michigan.
The Company employs approximately 3,000 persons at the Lincoln
plant where it is engaged in the manufacture of automobiles. Ap=
proximately 40 per cent of the materials received by the Company"
at the Lincoln plant have their origin outside the State of Michigan.
Approximately 90 per cent of the commodities manufactured at the
Lincoln plant are shipped to points outside of the State of Michigan.
The Company employs between 85,000 and 90,000 persons at the
River Rouge plant. Almost all of the products manufactured there
are shipped to assembly plants in various parts of the country. The
only cars which are completely asseiuibled at the River Rouge plant
2 See Matter of Ford Motor Company and, Internattional Union, United Automobile
Workers of America, 14 N L . A B 846 , enfd as mod . Ford Motor Co. v National Labor
Relateons Board, 114 F. (2d) 905 ( C. C. A. 6), cert denied by United States Supreme
Court February 10, 1941.
FORD MOTOR'COMPANY 989
are the ones intended for local sale. Approximately 54 per cent
of the materials' received by the Company at the River Rouge plant
have their origin outside the State of Michigan. Approximately
90 per cent of the commodities manufactured at the River Rouge
plant are shipped to points outside the State of Michigan. During
the past year the total value of products manufactured at the River
Rouge plant was in excess of $100,000,000.
The Company concedes,'for the purposes of these cases, that it is
engaged in interstate commerce at both the Lincoln and the River
Rouge plants.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of America,
affiliated with the C. I. 0., is a labor organization. It admits to
membership employees of the Company at both the River Rouge and
Lincoln plants.
Federal Labor Union, No. 22550, is a labor organization chartered
by the American Federation of Labor. It admits to membership
employees of the Company at the Lincoln plant. -
Federal Labor Union, No. 22551, is a labor organization chartered
by the American Federation of Labor. - It admits to membership
employees of the Company at the River Rouge plant.
Pattern Makers League of Detroit and Vicinity is a labor organi-
zation affiliated with the-Pattern Makers League of North America.
-It admits to membership employees of the Company at the -River
Rouge plant.
Ford Brotherhood of America, Inc., is an unaffiliated labor organi-
zation. Employees of the Company at the River Rouge plant are
eligible to membership therein.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company, the U. A. W.-C. I. 0., F. L. U. 22550, F. L. U. 22551,
the Pattern Makers, and the F. B. A. stipulated that a question con-
cerning representation exists with respect to each of the plants in-
volved in this proceeding.
A statement of the Regional Director introduced into evidence shows
that the U. A. W.-C. I. 0., F. L. U. 22550, and F. L. U. 22551, repre-
sent substantial numbers of employees in the Lincoln and River Rouge
plants.3
" The Regional Director's statement recites that the F. B. A , although requested, sub-
mitted no evidence that employees at the River Rouge plant had designated it as their
bargaining representative since November 1938. The evidence introduced at the hearing
by the F. B. A . with respect to its claims to represent employees at the River Rouge
plant will be discussed, in the section entitled "The determination of representatives,"
infra. At the hearing the Pattern Makers presented proof that it represents 165 to 170 of
the approximately 300 Pattern Makers employed at the River Rouge plant.
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions have arisen concerning the representation of
employees at the Lincoln and River Rouge plants of the Company.
IV. THE EFFECT- OF THE QUESTIONS CONCERNING REPRESENTATION,
UPON COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company,
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce. -
V. THE APPROPRIATE UNIT
A. The Lincoln plant
The Company, the U. A. W.-C. I. 0., and F. L. U., 22550, the only
parties concerned with the Lincoln plant, stipulated, and we find, that
all production, maintenance, and clerical employees who are employed
by the Company in its Lincoln plant, excluding direct representatives
of the management such as officers and directors of the Company; sales
managers and assistant sales managers; factory managers and assist-
ant factory managers; directors and employees of sales, accounting,
personnel, and industrial relations departments; directors of purchases
and assistant directors of purchases; superintendents and assistant
superintendents; general foremen, forenien, and assistant foremen;
all other persons working in a supervisory capacity (but not leaders,
pushers, or inspectors) including follow-up men and those having the
right to hire or discharge, and those whose duties include recommenda-
tion as to hiring or discharging ; sociological workers and personnel
investigators ; service men ; plant protection employees ; time study
men ; all clerical and secretarial employees. (including telephone oper-
ators) in the office building and in the offices of the building superin-
tendents and department superintendents and in the branch stock
offices, and in main and badge cribs; designing (drawing board) pro-
duction, estimating and planning engineers; draftsmen and detailers;
physicists; chemists; metallurgists: artists; designer artists; clay and
plaster modelers (but not those who make patterns) ; timekeepers;
training school students (but not apprentices) ; instructors and clerks
in all schools; fire department chiefs, captains, inspectors, clerks,
leaders, and their assistants; kitchen, cafeteria, and dining room help
(but not auxiliary help from production and maintenance depart-
ments ) ; hospital and first-aid employees, and field men for medical
department (but not maintenance employees in hospital department) ;
safety inspectors; and stock checkers, constitute a unit appropriate for
FORD MOTOR COMPANY 99 1
the' purposes of collective bargaining. We find further that such unit
will insure to employees of the Lincoln plant of the, Company the full
benefit of their right to self-organization and to collective bargaining
and, otherwise effectuate the policies of the Act.
B. The River Rouge plant
The Company, the U. A. W.-C. I. 0., F. L. U. 22551, the Pattern
,,Makers, and' the F. B. A., the only parties concerned with the River
Rouge plant, stipulated that all production, maintenance, and clerical
employees, including pattern makers, wood and metal, and their
apprentices, who are employed by the Company in its River Rouge
plant, should be included in the appropriate unit' or units at the
River Rouge plant. They also agreed to exclude from such appro-
priate unit or units direct representatives of the management such as
officers and directors of the Company; sales managers and assistant
sales managers; factory managers and assistant factory managers;
directors and employees of sales, accounting, personnel, and indus-
trial relations departments; directors of purchases and assistant di-
rectors of purchases; superintendents and assistant superintendents;
general foremen, foremen, and assistant foremen; all other'persons
working in a supervisory capacity (but not leaders, pushers, or
inspectors) including follow-up men and those having ' the right to
'hire or discharge, and those whose duties include recommendation as
to hiring or discharging; sociological workers and personnel in-
vestigators; service men; plant protection employees; time study
risen; all clerical and secretarial employees (including telephone
operators) in the Rotunda and Administration buildings and in the
offices of building superintendents and department superintendents
and in the branch stock offices and in main and badge cribs; design-
ing (drawing board), production, estimating.' and planning, engi-
neers'; draftsmen and detailers ; physicists ; chemists ; metallurgists ;
artists; designer artists; clay and plaster modelers (but not those
who make patterns) ; timekeepers; training school students (but
not apprentices) ; instructors and' clerks in all schools; fire depart-
ment chiefs, captains, inspectors, clerks, leaders, and their assistants;
kitchen, cafeteria, and' dining room help (but not auxiliary help from
production or maintenance departments) ; hospital and first-aid
employees, and field men for medical department (but not main-
tenance employees in hospital department) ; safety inspectors; stock
checkers; all, employees in engineering and airport buildings; and
all employees of the photographic department, including those who
work on blue prints. They disagreed, however, as to whether the
River Rouge plant should consist of one or more appropriate''units.
992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The U. A. W.-C. I. O. contends that all,production, maintenance,
and clerical employees at the River Rouge ,plant including, pattern
makers, wood and metal, and their apprentices, with the exclusions
noted above, constitute an appropriate unit. The Pattern Makers
contends that the pattern makers, wood, and metal, and their ap-
prentices, constitute a separate appropriate unit. F. L. U. 22551 and
the F. B. A. assert that the pattern makers, wood and metal, and
their apprentices, should constitute an appropriate unit and that the
remaining production, maintenance,, and clerical employees, with
the exclusions noted above, should constitute a separate appropriate
unit. The Company took no position on the question of whether pat-
tern makers, wood and metal, and their apprentices, should consti-
tute a separate appropriate unit or whether they should be included
with the other production, maintenance, and clerical employees in a
single appropriate unit.
There are approximately 300 pattern makers employed in the
River Rouge plant. They work in segregated locations in the B
building and in the foundry. They are highly skilled, requiring at
least a 5-year apprenticeship. Their wages are higher than those
of other employees.
For many years the Company has dealt with representatives of
the Pattern Makers with respect to the wages and working condi-
tions of pattern makers. Since 1939 the Pattern Makers at the re-
quest of the Company, have been supplying its members for work
at the River Rouge plant. A representative of the Pattern Makers
testified that it has 165 to 170 dues paying members at the River
Rouge plant. On the other hand, a representative of the U. A. W.-
C. I. O. testified that it has "well over a hundred" members among
the pattern makers employed at the River Rouge plant.
Under the circumstances we find that the production, maintenance
and clerical employees employed at the River Rouge plant of the
Company, with the exclusions noted above, may properly constitute
an appropriate unit with or without inclusion of the pattern makers,
wood and metal, and their apprentices, and that the pattern makers,
wood and metal, and their apprentices, may properly constitute a
separate appropriate unit or be merged with the other production,
maintenance, and clerical employees. We shall, accordingly, order
that separate elections be held: (1) among the production and main-
tenance, and clerical employees at the River Rouge plant of the
Company to determine whether they desire to be represented by the
U. A. W.-C. I. O. or by F.L. U. 22551, for the purposes of collective
bargaining, or by neither,' and, (2) among the pattern makers, wood
For the reasons stated in the section entitled "The determination of representatives,"
infra, the F. B. A. will not be accorded a place on the ballot in the election at the River
Rouge plant.
FORD MOTOR -COMP4NY 993
and metal, and their apprentices, employed at the River Rouge. plant
of the Company to determine whether they desire to be repre-
sented by the Pattern Makers or by the U. A. W.C. I. 0., for the
purposes of collective bargaining, or by neither. On the results
of the elections will depend the appropriate unit or units. If the
groups- of employees participating in each of the elections at the
River Rouge plant of the Company select the same representative
they will together constitute a single appropriate unit. If they
choose different representatives they will constitute separate appro-
priate units.
VI. THE DETERMINATION OF REPRESENTATIVES
We have heretofore decided that separate elections shall be held to
determine the collective bargaining representatives for the employees
at the River Rouge plant of the Company. We find that the ques-
tion which has arisen concerning the representation of employees at
the Lincoln plant of the Company can best be resolved by means of
an election by secret ballot. We shall direct that such an election
be held.
At the hearing the F. B. A. intervened and requested that it be
accorded a place on the ballot in any election to be conducted among
the production, maintenance, and clerical employees at the River
Rouge plant of the Company. The U. A. W.-C. I. O. and F. L. U.
22551 opposed the motion of the F. B. A. to intervene and objected
to its name appearing on the ballot in any election at the River Rouge
plant. In support of its right to intervene and appear on the ballot
the F. B. A. produced at the hearing cards authorizing the F. B. A.
to represent them signed by some 21,000 employees of the Company.
The cards purport to have been signed on June 3, 1937, and authorize
the F. B. A. to represent the signers for the purposes of collective
bargaining with the Company "for a period of one year from the
date hereon." No new cards have been signed since December 1937,.
At the time the cards were signed, an original entrance fee of 50 cents,
or in some cases part of it, was collected. No further dues or as-
sessments have been collected' The F. B. A. has not disbanded; no
new members have been admitted nor have any been expelled or sus-
pended. The board of trustees of the F. B. A. has met frequently
since its inception. The F. B. A., by the authority of its trustees,
has sent various communications to the Company and its officers seek-
ing recognition, collective bargaining, the adjustment of grievances,
etc. These messages , of which some 18 were introduced in evidence
are dated in 1937, 1938, 1939, and 1940. The F. B. A., a corporation,
has filed annual reports with the Secretary of State in the State of
Michigan. The last of such reports was filed within a month prior
994 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to the hearing in this case. There has never been a membership meet
ing of the F. B. A. The largest meeting ever held "was attended by
30 to 40 of the F. B. A. organizers in 1938. Since that time not more
than 5 or 10 members have met at one time. There have been no
elections of officers or trustees since 1931.
The F. B. A. argues that it suspended its attempts to secure mem-
bers or collect dues in 1937 because the Board alleged and found it
to be a company-dominated union on December 22, 1937.5 It claims
that it was not "dead" but "under an anesthetic" until October 8, 1940,
when the Circuit Court of Appeals for th!e Sixth Circuit vindicated
it.' In fact, however, the F. B. A. was "vindicated" prior to October
8, 1940. On January 23, 1939, the Board set aside its findings and
order of December 22, 1937, and on August 9, 1939, issued a new
decision and- order dismissing the complaint against the Company
in so far as it alleged that the Company had dominated and interfered
with the formation and administration of the F. B: A. It thus ap-
pears that at least since August 9, 1939, the F. B. A. was free to
function as a bona fide labor organization. Yet it has not since that
time secured any members, collected any dues, or held any meetings.
Nor has it made any showing of current designation or authorization
by employees of the River Rouge plant to represent them for collec-
tive bargaining purposes. Under all the circumstances we conclude
that the F. B. A. should not be accorded a place on the ballot in the
election to be conducted among the employees at the River Rouge
plant of the Company.
At the hearing the unions all indicated their desire for immediate
elections. Counsel for F. L. U. 22550, F. L. U. 22551, and the Pat-
tern Makers requested that the elections at the Lincoln plant and the
River Rouge plant not be held on the same day if to do so would
result in delaying the conduct of the election at the Lincoln plant.
The U.' A. W.-C. I. O. asked that the elections at the Lincoln and
River Rouge plants be held on the'- same day. We shall not at
this time decide this issue but shall leave the conduct of the elections
within the discretion of the Regional Director.
The U. A. W.-C. I. O. requested that all employees who have been dis-
charged by the Company and on whose behalf charges have been filed
in Cases VII-C-148, VII-C-726, and 'III-C-728, be permitted to vote.'
5Matter of Ford Motor Company and Intel national Union, United Automobile TPorl,era
of 4merica, 4 N 'L R. B 621
"In Ford Motor Company v National Labor Relations Board, 114 F (2d) 905 the
case referred to by the F. B'A, the Circuit Court enforced with modifications the Board's
decision In Matter of Ford Motor- Company and International Union. United Automobile
TPoi,ler.s of America, 14 N L R B 346
'The U. N4 TV-C. 1 0 offered in evidence a copy of the complaint in Case VII-C-148
and copies of the charges filed by it in Cases VII-C-726 and VII-C-728 as C 1 -o
Exhibits 6, 7, and 8, respectively The Trial Examiner rejected the offer In view of our
ruling below on the request of the U A W -C I 0 , we reverse the ruling of the Trial
Examiner and admit in evidence C I..0. Exhibits 6, 7, and 8.
FORD MOTOR COMPANY 995
It suggested that the ballots of the employees in question be segregated
and impounded, and requested that the results of the elections await
the determination of the right of these persons to vote if their right
to vote might affect the results, of the elections. F. L. U. 22550,
F. L. U. 22551, the Pattern Makers, and the Company opposed this
procedure. In the event that the Company is found to have en-
gaged in unfair labor practices in discharging the individuals named
in the cases in question and the Board orders their reinstatement their
employee status will date back to the time of their discharge. We
shall, therefore, in accordance with our practice,8 permit these persons
to cast their ballots. However, their ballots shall be 'segregated and
we shal'l'defer ruling as to what effect, if any, we shall give these
ballots until after the election.
At the hearing F. L. B. 22550 and F. L. U. 22551 requested that
they appear on the ballot as American Federation of Labor; Federal
Labor Union 22550 and American Federation of Labor, Federal
Labor Union 22551. The request is hereby granted.
The U. A. W.-C. I. O. requested that March 26, 1941, the last
day of the hearing, be used as the date to determine eligibility to
vote in the elections. On the other hand, F. L. U. 22550, F. L. U.
22551, the Pattern Makers, and the Company each asked that eligi-
bility to vote in any elections directed by the Board be determined
on the basis of the Company pay roll for the period next preceding
the date of the Direction of Elections herein. We shall direct-that
the employees eligible to vote in the elections shall be those employees
who were employed at any time during March 1941,0 subject to such
additions 10 and limitations as - are set forth in the Directions
hereinafter.
Upon the basis of the above findings of fact and upon the entire
record in the cases, the Board makes the following :
6 See Matter of Fleischer Studios, Inc and Commercial Artists it Designers Union-
American Federation of Labor, 3 N L R. B . 207, Matter of Carrollton Metal Products
Company and Amalgamated Association of Iron, Steel, it Tin Worlers of North America,
Local No. 1571, 4 N L. R. B 142 ; Matter of Seattle Post-Intelligencer Department of
Hearst Publications , Inc. and Seattle Newspaper Guild, Local No 82, 9 N L R B. 1262;
Matter of Trawler Marrs Stella, Inc and American Communications Association ( C I 0 ),
12 N L R . B 415; Matter of Federated Fishing Boats of New England and New Fort,
Inc. and American Communications Association, Marine Division, affiliated with the C 1 0 ,
15 N L. R. B 1080; Matter of Irving Shoe Company and United Shoe WPorters of America,
Local 48, 26 N L It B 468 -
e At the heal ing it was disclosed that the Company maintains no payroll list, as such,
but keeps the names of its employees on cards. At the oral argument counsel for the
Company stated that it pays its employees every 2 weeks, but that all of the employees are
not paid on the same day, some of them being paid every day
10 Among the additions noted in the Direction, are temporarily laid-off employees We
define temporarily laid-off employees as those employees who have been laid off at any
time during the 90 days preceding the date of the Direction herein.
440135-42-Vol 30--64
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS of LAW'
1. Questions affecting commerce have arisen concerning the rep-
resentation of employees at the Lincoln plant, Detroit, Michigan,
and the River Rouge plant, Dearborn, Michigan, of, the Ford Motor
Company, Dearborn, Michigan, within,the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production, maintenance, and clerical employees who are
employed by the Company in its Lincoln plant, excluding direct rep-
resentatives of the management such as officers and directors of the
Company; sales managers and assistant sales managers; factory
managers and assistant factory managers; directors and employees
of sales, accounting, personnel, and industrial relations departments;
directors of, purchases and assistant directors of purchases; superin-
tendents.and assistant superintendents ; general foremen, foremen,
and assistant foremen; all other persons working in a supervisory
capacity (but not leaders, pushers, or inspectors) including follow-up
men and those having the right to hire or discharge, and those whose
duties include recommendation as to hiring or discharging; sociologi-
cal workers and personnel investigators; service men; plant protec-
tion employees; time study men; all clerical and secretarial employees
(including telephone operators) in the office building and in the
offices of the building superintendents and department superintend-'
ents and in the branch stock offices, and in main and badge cribs;
designing (drawing board), production, estimating, and planning
engineers; draftsmen and detailers; physicists; chemists; metallur-
gists; artists; designer artists; clay and plaster modelers (but not
those who make patterns) ; timekeepers; training school students
(but not apprentices) ; instructors and clerks in" all schools; fire
department chiefs, captains, inspectors, clerks, leaders, and their
assistants; kitchen, cafeteria, and dining room help but not auxiliary
help from production and maintenance departments) ; hospital and
first-aid employees, and field men for medical department (but not
maintenance employees in hospital department) ; safety inspectors;
and stock checkers, 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 ELECTIONS
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, 49 Stat. 449, and pursuant to Article III, Section 8 of
National Labor Relations Board Rules and Regulations-Series 2, as
'amended, it is hereby
FORD MOTOR COMPANY 997 '
DIRECTED that, as part- of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Ford Motor Company, Dearborn, Michigan, an election by
secret ballot shall be conducted as early as possible but not later than
forty-five (45) ,days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Seventh 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 all production, maintenance and clerical employees employed
at the Lincoln Plant of the Company at any time during March
1941, and subject to the provisions of Section VI, above, including
employees who did not work during such period because they were
ill or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding direct repre-
sentatives of the management such as officers and directors of the
Company; sales managers and assistant sales managers; factory man-
agers and assistant factory managers; directors and employees of
sales, accounting, personnel, and industrial relations departments;
directors of purchases and assistant directors of purchases; superin-
tendents and assistant superintendents ; general foremen, foremen, and
assistant foremen; all other persons working in a supervisory capac-
ity (but not leaders, pushers, or inspectors), including follow-up men
and those having the right to hire or discharge, and those whose
duties include recommendation as to hiring or discharging; socio-
logical workers and personnel investigators ; service, men, plant pro-
tection employees; time study men; all clerical and secretarial em-
ployees (including telephone operators) in the office building and in
the offices of the building superintendents and department super-
intendents and in the branch stock offices, and in main and badge
cribs; designing (drawing-board), production, estimating and plan-
ning engineers; draftsmen and detailers; physicists; chemists; met-
allurgists; artists; designer artists; clay and plaster modelers (but
not those- who make patterns) ; timekeepers; training school students
(but not apprentices) ; instructors and clerks in all schools; fire de-
partment chiefs, captains, inspectors, clerks, leaders, and their assist-
ants; kitchen, cafeteria, and dining room help (but not* auxiliary
help from production or maintenance departments) ; hospital and
first-aid employees, and field men for medical department (but not
maintenance employees in hospital department) ; safety inspectors;
stock checkers, and employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by
International Union, United Automobile Workers of America, affili-
ated with the C. I. 0., or by American Federation of Labor, Fed-
eral Labor Union No. 22550, for the purposes of collective bargaining,
or by neither.
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS FURTHER DIRECTED that, as part of the investigation authorized
by the Board to ascertain representatives for the purposes- of col-
lective bargaining with Ford Motor Company , Dearborn , Michigan,
elections by secret ballot shall be conducted within forty-five (45-)
days from the date of this Direction , under the direction and super-
vision of the Regional Director for the' Seventh 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:
1. Among all production , maintenance and clerical ' employees at
the River Rouge plant of the Company-who, were employed' at any
time during March 1941, and subject to the provisions of Section VI,
above, including employees who did not work during such period
because they were ill or on vacation or in the active military service
or training of the United States , or temporarily laid off , but excluding
pattern makers , wood and metal , and their apprentices ; direct rep:
resentatives of -the management such as officers and directors of the
Company; sales managers and assistant sales managers; factory
managers and assistant factory managers ; directors and employees
of sales, accounting , personnel and industrial relations departments;
directors , of purchases and assistant directors of purchases ; superin-
tendents and assistant superintendents ; general foremen , foremen,
and assistant foremen ; all other persons working in a supervisory
capacity ( but not leaders, pushers , or inspectors ) including follow-up
men and those having the right to hire or discharge , and those whose
duties include recommendation as to hiring or discharging ; sociolog-
ical workers and personnel investigators ; service men ; plant protec-
tion employees ; time study men; all clerical and secretarial employees
(including telephone operators ) in, the Rotunda and Administration
buildings and in the offices of building superintendents and depart-
ment superintendents and in the branch stock offices and in_ main and
badge cribs ; designing ( drawing board ), production , estimating and
planning engineers ; draftsmen and detailers ; physicists ;. chemists;
metallurgists ; artists; designer artists ; clay and plaster modelers
( but not those who make patterns ) ; timekeepers ; training school.
students (but not apprentices ) ; instructors and clerks in all schools;
fire department chiefs, captains , inspectors , clerks, leaders and their
assistants ; kitchen, cafeteria and dining room help (but not auxiliary
help from production or maintenance departments )-; hospital and first
aid employees and field men for medical department ( but not main-
tenance employees in hospital department ) ; safety, inspectors; stock
checkers ; all employees in engineering and airport buildings;, all
employees of the photographic department , including those who work
on blue-prints , and employees who have since quit or been discharged -
for cause , to determine whether they desire to be represented by
FORD MOTOR COMPANY 999
International Union, United Automobile Workers of America, affili-
ated with the C. I. 0., or by American Federation of Labor, Federal
Labor Union No. 22551, for the purposes of collective bargaining, or'
by neither; and
2. Among .all pattern •ma.kers, wood and metal, and their apprentices
who were employed at the River Rouge plant of the,Company at any
time during March 1941, and subject to the provisions of Section VI;
above, including employees who did not work during said period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but exclud-
ing all classes of employees excluded from participation in the' elec-
tion directed in paragraph 1 above (other than pattern makers, wood
and metal, and their apprentices), and employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Pattern Makers League of Detroit and Vicinity,
affiliated with Pattern Makers League of North America, or by Inter-
national Union, United Automobile Workers of America, affiliated
with the C. I. 0., for the purposes of collective -bargaining, or by
neither.
MR. EDWIN S. SMITH concurring : Since the Company has, for many
years, dealt with representatives of the Pattern Makers with respect
to the wages and working conditions of pattern makers, and since
the Pattern Makers have, since 1939, at the request of the Company,
been supplying its members for work at the River Rouge plant, I am
of the opinion that a separate election ,for the pattern makers of the
sort here provided for is permissible under the rule which I have
enunciatel in my concurring statements in Matter of The American
Hardware Company 11 and other similar cases.
u Matter of The American Hardware Company and United Electrical d Radio Workers
of America, 4 N. L R B. 412.
1