General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 2, 1941

32 N.L.R.B. 249 (N.L.R.B. 1941)

In the Matter of CHEVROLET KANSAS CITY DIVISION, GENERAL MOTORS
CORPORATION and LOCAL #723, INTERNATIONAL UNION, UNITED
AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. R-258.--Decided June 2, 1941
Jurisdiction : automobile assembling industry.
Investigation and Certification of Representatives : existence of question : re
fns,il to accord union recognition until it is certified by the Board ; contract
in effect nearly a year, no bar to; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees and mechanical employees in engineering department shops at Chev-
rolet Kansas City Division of the Company with specified inclusions and
exclusions, agreement as to
Hogan, Jolly and Carson, by Mr. Denton Jolly, of Detroit, Mich.,
for the Company.
Mr. Harry C. Clark, Mr. Willard McDonald, and Mr. Robert L.
Merril, of Kansas City, Mo., for the UAW-CIO.
Cllr. Joseph A. Padway, by Mr. James A. Glenn, of Washington,
D. C., and Mr. Gilbert E. Jewell and Mr. McKinley King, of Kansas
City, Mo., for the UAW-AFL.
Mr. Lou's Cokin, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 8, 1941, Local #723, International Union, United
Automobile Workers of America, affiliated with the Congress of In-
dustrial Organizations, herein called the UAW-CIO, filed with the
Regional Director for the Seventeenth Region (Kansas City, Mls-
soliri) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Chevrolet
Kansas City Division, General Motors Corporation, Kansas City,
Missouri, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On April 21, 1941, the National Labor Relations Board, herein
32 N L R. B, No 51.
249
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 April 26, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the UAW-CIO,
and International Union, United Automobile Workers of America,
Local 93, affiliated with the A. F. of L., herein called the UAW-AFL,
a labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on
May 2, 1941, at Kansas City, Missouri, before Joseph A. Hoskins,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company, the UAW-CIO, and the UAW-AFL were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues was afforded all parties. At
the commencement of the hearing the UAW-AFL filed a motion to
dismiss the petition on the ground that it was a party to an existing
contract with the Company. The Trial Examiner reserved ruling
thereon. The motion is hereby denied for the reason stated in Sec-
tion III below. During the course of the hearing the Trial Exam-
iner made several rulings on motions and on objections to the ad-
mission 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 May 13, 1941, the UAW-AFL filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Motors Corporation is a Delaware corporation with its
principal offices in New York City and other offices in Detroit,
Michigan. This proceeding is concerned solely with one of its un-
incorporated divisions known as the Chevrolet Kansas City Division,
which maintains a plant at Kansas City, Missouri, where it assembles
automobiles, trucks, and automobile chassis. Over 75 per cent in
value of the raw and fabricated or partially fabricated parts used
at the Chevrolet Kansas City Division are shipped to it from points
outside the State of Missouri and over 80 per cent of the finished
products of the Chevrolet Kansas City Division are shipped to points
outside the State of Missouri.
CHEVROLET KANSAS CITY DIVISION
H. THE ORGANIZATIONS INVOLVED
251
Local #723, International Union, United Automobile Workers of
America, is a labor organization affiliated with the Congress of In-
dustrial Organizations. It admits to membership employees in the
Chevrolet Kansas City Division of the Company.
International Union, United Automobile Workers of America,
Local 93, is a labor organization affiliated with the American Federa-
tion of Labor. It admits to membership employees in the Chevrolet
Kansas City Division of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 27, 1941, the UAW-CIO, claiming to represent a
majority of the employees at the Chevrolet Kansas- City Division,
requested the Company to grant it exclusive recognition for such em-
ployees. The Company denied this request until such time as the
UAW-CIO is certified by the Board as such representative.
On April 17, 1940, the Board directed an election among the em-
ployees in the Chevrolet Kansas City Division of the Company.
Thereafter, on June 22, 1940, the Board certified the UAW-AFL as
the exclusive representative of the employees in the Chevrolet Kansas
City Division. On' July 15, 1940, the Company and the UAW-AFL
entered into an exclusive bargaining contract covering the employees.
This contract provides that it "shall continue in full force and effect
until terminated by either party or changed by consent of both
parties. Either party may terminate this agreement by giving 60
days notice in writing." The UAW-AFL now contends that its con-
tract is a bar to a present determination of representatives and urges
the dismissal of the petition herein. It states in support of its con-
tention that no proceedings should be instituted before the Board
before the contract has run for a period of at least 1 year. It will
be noted above that the contract between the UAW-AFL and the
Company is terminable upon 60 days' notice of either party thereto
and that we certified the UAW-AFL on June 22, 1940. It is clear
that the contract does not preclude the Board from investigating and
certifying a bargaining representative for the purpose of negotiating
a new agreement for the period following July 15, 1941, if such is
desired.
Statements of a Field Examiner of the Board introduced in evi-
dence at the hearing shows that the UAW-CIO and the UAW-AFL
each represent a substantial number of employees in the alleged
appropriate unit.'
1 The Field Examiner reported that 644 persons whose names appear on the Company's
pay roll of May 1, 1941 , have signed authorization or designation cards in the UAW-CIO.
He further reported that the UAW-AFL presented 525 ledger cards bearing the names of
persons whose names appear on the Company 's pay roll of May 2, 1941 There are approxi-
mately 1 , 000 employees in the alleged appropilate unit.
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning the representation of
employees of the Company.
IV. TILE 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 coininerce
and the free flow of commerce. -
V. THE APPROPRIATE UNIT
The Company , the UAW-CIO, and the UAW-AFL agreed at the
hearing, and we find, that all production and maintenance employeev
and mechanical employees in engineering department shops at Chev-
rolet Kansas City Division of the Company , including employees, in
the service parts department, but excluding pattern makers, die
sinkers , direct representatives of the management ; such as officers and
directors of the Company , sales managers and assistant sales man-
agers, factory managers and assistant factory managers, directors
and employees of sales, accounting , personnel and industrial Rela-
tions Departments , directors of purchases and assistant directors of
purchases , superintendents and assistant superintendents , general
foremen, foremen and assistant foremen, all other persons working in
a supervisory capacity, including those having the right to hire or
discharge and those whose duties include recommendation as to
hiring or discharging ( but not leaders ), those employees whose work
is of a confidential nature, time -study men , plant protection employees
(but not to include maintenance patrolmen or fire patrolmen ), cler-
ical employees , chief engineers and shift -operating engineers in power
plants, designing ( drawing board ), production estimating and plan-
ning engineers, draftsmen and detailers , physicists , chemists, metal-
lurgists, artists , designer-artists, clay and plaster modelers (but not
those who make patterns ), timekeepers , technical school students,
indentured apprentices , technical or professional employees who are
receiving special training , and kitchen and cafeteria help, constitute
an appropriate bargaining unit.2 We find further that such unit will
insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act.
"This is nuhstait tialIN I lie seine unit as is coveied Ic' the contract between the UAW-AFT.
and the Coulpnnv
CHEVROLET KANSAS CITY DIVISION 253
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. The
UAW-CIO stated that it desires that a representative pay roll be
used to determine eligibility to vote. The Company suggested that a
current pay roll be used to determine eligibility to vote. The UAW-
AFL did not state its position with respect to the eligibility date but,
as stated above, contends that no election should be held until after
July 15, 1941. In accordance with our usual practice, we find that
the employees at the Company eligible to vote in the election shall
be those employees in the appropriate unit who were employed dur-
ing the pay-roll period immediately preceding the date of the Direc-
tion of Election herein, subject to such limitations and, additions
as are set forth in the Direction hereinafter.
The UAW-AFL asked that it appear on the ballot as "Inter-
national Union, United Automobile Workers of America, affiliated
with the American Federation of Labor, No. 93." The UAW-CIO
asked that it appear on the ballot as "United Automobile Workers
of America, affiliated with the Congress of Industrial Organizations."
The requests are hereby granted.
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 Chevrolet Kansas City Division, Gen-
eral Motors Corporation, Kansas City, Missouri, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All production and maintenance employees and mechanical em-
ployees in engineering department shops at Chevrolet Kansas City
Division of the Company, including employees in the service parts
department, but excluding pattern makers, die sinkers, direct rep-
resentatives 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, superintendents and
assistant superintendents, general foremen, foremen and assistant fore-
men, all other persons working in a supervisory capacity, including
those having the right to hire or discharge and those whose duties in-
clude recommendation as to hiring or discharging (but not leaders),
254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
those employees whose work is of a confidential nature, time-study
men, plant protection employees (but not to include maintenance pa-
trolmen or fire patrolmen), clerical employees, chief engineers and
shift-operating engineers in power plants, designing (drawing board),
production estimating and planning engineers, draftsmen and detail-
ers, physicists, chemists, metallurgists, artists, designer-artists, clay and
plaster modelers (but not those who make patterns), timekeepers, tech-
nical school students, indentured apprentices, technical or professional
employees who are receiving special training, and kitchen and cafe-
teria help, 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 Re-
lations 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 Chevrolet Kansas City Division, General Motors Corporation,
Kansas City, Missouri, 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 Seventeenth 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 and maintenance employees and mechanical employees in
engineering department shops at Chevrolet Kansas City Division of
the Company who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including employees
in the service parts department, 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 tempo-
rarily laid off, but excluding pattern makers, die sinkers, direct rep-
resentatives 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
CHEVROLET KANSAS CITY DIVISION 255
capacity, including those having the right to hire or discharge and
those whose duties include recommendation as to hiring or discharg-
ing (but not leaders), those employees whose work is of a confi-
dential nature, time-study men, plant protection employees (but not
to include maintenance patrolmen or fire patrolmen), clerical em-
ployees, chief engineers and shift-operating engineers in power plants,
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, technical school students, indentured
apprentices, technical or professional employees who are receiving
special training, kitchen and cafeteria help, and employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations, or by Inter-
national Union, United Automobile Workers of America, affiliated
with the American Federation of Labor, No. 93, for the purposes of
collective bargaining, or by neither.