General Machinery Corp.

National Labor Relations Board - Board Decisions

Apr 8, 1942

40 N.L.R.B. 284 (N.L.R.B. 1942)

In the Matter of GENERAL MACHINERY CORPORATION and INTTL
UNION, UNrrED AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLE-'
MENT WORKERS OF AMERICA, (U. A. W.-C. I. 0.)
Case No. R-3491
AMENDMENT TO DECISION AND DIRECTION, OF
ELECTION
April 8, 194:3
On March 14, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.1 On March 20, 1942, General Machinery
Corporation filed with the Board a Motion to Amend Decision and
Dismiss Petition, and requested permission to argue orally before
the Board. On-the same date Pattern Makers League of North
America and International Molders and Foundry Workers Union
of North America each filed with the Board a Motion to Reconsider
and Modify Decision and Direction of Election of March 14, 1942.
On March 23, 1942, and on April 6, 1942, respectively, the Board
issued and duly served on all parties a notice and amended notice,
setting oral argument.
Since said oral argument is to be held on April 16, 1942, at a time
subsequent to the expiration of the 30 days within which the election
was directed to be held, the Board hereby amends the Decision and
Direction of Election issued on March 14, 1942, by striking therefrom
the words "not later than thirty (30) days from the date of this
Direction" and substituting therefor the words "not later than sixty
(60) days from the date of this Direction."
-139 N. L. R. B '779
40 N. L it B, No 46.
284
In the Matter of GENERAL MACHINERY CORPORATION and INTL. UNION,
UNITED AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, (U. A. W.-C. I. 0.)
Case No. R-3491
SUPPLEMENTAL DECISION
AND
SECOND AMENDMENT TO DIRECTION OF ELECTION
May 2, 192
On March 14, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' On' March 20, 1942, Pattern Makers
League of North America, herein called the Pattern Makers, and
International Moulders and Foundry Workers Union of North Amer-
ica, herein called the Moulders, filed separate motions to reconsider
the Decision and Direction of Election. On the same day General
Machinery Corporation,' herein called the Company, filed a motion to
amend the Decision and dismiss the petition and requested oral argu-
ment. Pursuant to notice, a hearing for the purpose of oral argument
was held before Ithe Board on April 16, 1942, in Washington, D. C.
The,Company, International Union, United Automobile, Aircraft,
and Agricultural Implement Workers of America (U. A. W.-C. I.•0.),
herein called the U. A. W.; International Association of Machinists,
.herein called the I. A. M.; the Pattern Makers; and the Moulders,
were represented by counsel and participated in the argument.
In our Decision of March 14, 1942, we found that an industrial,
unit, composed of all` production and maintenance 'employees of the
Company,. including pattern makers. and foundry workers, constituted
a unit appropriate for the purposes of collective bargaining. The
I.A. M. and the Company had so contended at the hearing. Al-
though the U. A. W. had petitioi ed for a unit of production and
maintenance employees, excluding pattern makers and foundry work-
ers, in its: brief the U. A. W. indicated that it desired' an' election in
139 N. L R B 779 On April 8, 1942 , the Board issued an Amendment to Decision and
Direction of Election. 40 1
40N.L:R B,No:46a.
285
I
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
She industrial unit in the event the Board found that the unit de-
scribed in the petition was inappropriate . The Pattern Makers was
represented by counsel at the hearing , who stated , in part, that the
Pattern Makers was present to "lend moral support" to the I. A. M.;
the Moulders was not so represented , but the chairman of its shop
committee testified on behalf of the I. A. M. and stated that the posi-
tion of the Moulders was the same is, that of the I . A. M.; i. e., that an
industrial ,unit was appropriate . At no time during the hearing did
the representative of the Pattern Makers or the official of the Moulders
indicate - that their , organizations were not in agreement with the
industrial unit contentions which were vigorously urged- by the
I. A. M. Upon this state of the record, the Board concluded that the
appropriate unit, which seemed to meet the desires of all interested
parties, should include pattern makers and foundry workers , and ac-
cordingly we directed an election in the industrial unit and placed
the three unions affiliated with the American Federation of Labor
upon the ballot in opposition to the U. A. W.
It is clear , however, from the motions to reconsider , filed following
the issuance of our Decision , and from the oral argument , that the
I. A. M. was not authorized to represent to the Board that the Pat-
tern Makers and the Moulders desired an industrial unit. Both or-
ganizations contend that they understood from the petition filed by the
U. A., W. that they were not affected by the proceeding and that, there-
fore, they took no official position on the unit question and had not
authorized the I . A. M. to speak for them. The International presi-
dents of both organizations stated at the oral argument that they
were opposed to our placing their organizations on the ballot with the
I. A. M:,, as affiliates of the A. F. of L ., for the purpose of an election
in an industrial unit. At the oral argument , counsel for the I. A. M.
stated 'that the I . A. M. had not attempted to represent the Pattern
Makers and Moulders and that it urged the appropriateness of -an
industrial unit primarily in an effort to ', obtain dismissal of .the
U. A. W.'s petition. ,
'As we pointed out in our Decision , collective bargaining in the
Company's plant appeared to have been conducted through a Works
Council composed of representatives of the three A. F. of L. affiliates
and all matters except wages had' been settled with this group prior
to the execution of separate contracts with the constituent organiza-
tions. • Relying upon the. apparent submergence of the individual
organizations insofar as virtually , all matters of collective bargaining
were concerned , we concluded that the circumstance of individual and
separate contracts resulting from the negotiations was not significant:
Upon a reexamination of the record in the light of the representations
made at the oral argument ; it is clear that the I . A. M. was not author-
GENERAL MACHINERY CORPORATION 287
ized to speak for the Pattern Makers and Moulders and that any col-
laboration of the A. F. of L. affiliates in collective bargaining was for
the purpose of convenience and was not intended to supplant the
autonomous organizations by a Works Council or any ether repre-,
sentative group. ^ In -view of these circumstances , and since the U. A.
W. petitioned for an election in a unit excluding pattern makers and
foundry workers , we shall accordingly amend our Decision and Direc-
tion of Election to exclude pattern makers and foundry workers from
the unit.
The Board hereby orders that the last paragraph of Section V of
the Decision be stricken and that the following paragraph be sub-
stituted theref or: %
We find that all production and maintenance employees of
the Company , excluding pattern makers , foundry workers, of-
fice employees , supervisors , foremen, and any person having the
power to hire and discharge , constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure
to employees the full benefit of their right to self-organization
and to collective bargaining and otherwise will effectuate the pol-
icies of the Act.
and that paragraph 2 of the Conclusions of Law- be stricken and the
following substituted therefor :
2. All production and maintenance employees of the Company,
excluding pattern makers, foundry workers, office employees, su-
pervisors, foremen, and any person having the power to hire and
discharge, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act..
The Board hereby amends the Direction of Election, as amended,
by striking therefrom the words "office and administrative workers,
persons having the right to hire and discharge" and substituting there-
for the words "pattern makers, foundry workers, office employees,
supervisors, foremen, and any person having the power to,hire and
discharge"; and by striking therefrom the words "and Pattern Makers
League of North America, and International Moulders and Foundry
Workers Union, Local 68, all."
In the Matter of GENERAL MACHINERY CORPORATION and INTL. UNION,
UNITED 'AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, (U. A. W.-C. I. 0.)
Case No. R-3491
THIRD AMENDMENT TO DIRECTION OF ELECTION
May 10, 1942
On March 14 , 1942, the National Labor Relations Board, herein
,called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding ., On April 8, 1942, the Board issued an
Amendment to Decision and Direction of Election ,2 and on May 2,1942,
issued a supplemental Decision and Second Amendment to Direction
.of Election .3 The Board , having been advised by the Regional Direc-
tor that further time within which to hold the election is necessary and
that all parties hale agreed that eligibility to vote should be deter-
mined by reference to the pay roll for the period ending May 2, X912,
hereby amends its Direction of Election , as amended , by striking there-
from the words "not later than sixty ( 60) days from the date of this
Direction" and substituting therefor the words "not later than seventy
(70) days from the date of this Direction ," and by striking therefrom
the words "during the pay-roll period immediately preceding the date
.of this Direction" and substituting therefor the words "during the
pay-roll period ending May 2, 1942."
1 39 N L R B 779
a 40 N L. R B 284
8 40 N L R B 2S5'
-40 N. L R B, No. 4Gb.
288