General Motors Corp.

National Labor Relations Board - Board Decisions

Jul 17, 1941

33 N.L.R.B. 499 (N.L.R.B. 1941)

In the Matter off. FISHER BODY DIVISION, GENERAL MOTORS CORP. and
UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O.
Case No. R-2680.-Decided July- 17, 1941
Jurisdiction : automobile manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by Boafd ; contract not asserted
as a bar; election necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees and mechanical employees in engineering department shops at Norwood
Fisher Body Division of Company with specified inclusions and exclusions ;
agreement as to.
Mr. Robert Carson, of Detroit, Mich., for the Company.
Mr. Paul E. Miley, of Cleveland, Ohio, and Mr. William Kasee, of
Norwood, Ohio, for the U. A. W.-C. I. O.
Mr. Peter C. Noll and Mr. Irving L. As/teraft, of Norwood, Ohio,
for the U. A. W.-A. F. L.
Mr. Marvin C. TTTah,l, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 20, 1941, United Automobile Workers of America, C. I. O.,
herein called the U. A. W.-C. I. 0., filed with the Regional Director
for the Ninth Region (Cincinnati, Ohio) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Fisher Body Division, General Motors Corporation,
Norwood, Ohio, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On June 19, 1941, the National Labor Relations Board, herein
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 au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
33 N. L. R. B., No. 07.
499
450122-42-vol 33-33
500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On June 20, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the U. A. W.-
C. I. 0., and United Automobile Workers of America, A. F. L., herein
called the U. A. W.-A. F. L., a labor organization claiming to represent
employees affected by the investigation.
Pursuant to notice, a hearing was held on June 26, 1941, at Cincin-
nati, Ohio, before Karl W. Filter, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company was represented by coun-
sel, the U. A. W.-C. I. O. and U. A. W.-A. F. L. by their representa-
tives; all participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses and to introduce evidence bearing
on the issues was afforded all parties. During the course of the hear-
ing the Trial Examiner made several rulings on motions and on ob-
jections to the admission 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 July 2, 1941, U. A. W.-A. F. L. moved to dismiss the petition on
the ground that it is fraudulent in that no former demands to bargain
had been made prior to the filing of the petition. On the basis of the
facts set forth in Section III below, the motion is hereby denied. At
the same time the U. A. W.-A. F. L. requested oral argument before
the Board on all the issues in the case. The request is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Motors Corporation is a Delaware corporation with its
principal offices located at New York City. At the Norwood, Ohio,
plant of the Fisher Body Division, the Company manufactures auto-
mobile parts and automobile body parts. More than 53 per cent in
value of production materials used at the Norwood plant, including
raw and fabricated or partially fabricated articles, is obtained from
sources outside the State of Ohio. The entire production of com-
pleted materials is shipped to the Chevrolet Motor Division of the
Company, located at Norwood, Ohio, which in turn ships more than
68 per cent of its products to points outside of the State.
H. THE ORGANIZATIONS INVOLVED
United Automobile Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization which admits
to membership employees of the Company.
United Automobile Workers of America, affiliated with the Ameri-
can Federation of Labor, is a labor organization which admits to
membership employees of the Company.
FISHER BODY DIVISION
III. THE QUESTION CONCERNING REPRESENTATION
501
It is the policy of the Company, as expressed in contracts with
representatives of its employees, not to bargain with any union until
it is certified by the Board. The record indicates that certain con-
tracts are in existence between the U. A. W.-A. F. L. and the Com-
pany.' A statement by an agent of the Regional Director introduced
in evidence shows that the U. A. W.-C. I. 0. represents a substantial
number of employees in the alleged appropriate unit.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE 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 commerce
and the free flow of commerce.
V. TIIE APPROPRIATE UNIT
The parties agree, and we find, that all production and maintenance
employees and mechanical employees in the engineering-department
shops at the Norwood plant of the Fisher Body Division of the Com-
pany, except employees of sales, accounting, personnel, and indus-
trial-relations departments, superintendents and assistant superin-
tendents, general foremen, foremen and assistant foremen, and -all
other persons working in a supervisory capacity, including those who
have the right to hire or discharge, and those whose duties include
recommendation as to hiring or discharge (but not leaders), and those
employees whose work is of a confidential nature; time-study men;
plant-protection employees (but not to include maintenance patrol-
men or-fire patrolmen) ; all clerical employees; chief engineers and
shift operating engineers in the power plants; designing (drawing
board), production, estimating, and planning engineers; draftsmen
and detailers; physicists; chemists; metallurgists; artists, designer-
i The contracts were not offered in evidence . Neither the Company nor the U. A. W -
A F. L contends that they are a bar to a present determination of representatives
2 This statement shows that the U. A. W .-C. I 0 submitted 690 membership application
cards, 659 of which were dated between April 1940 and June 1941 Six hundred and
eighty-one bore apparently genuine, original signatures , and 668 named employees on
the Company ' s June 14, 1941, pay roll . This pay roll includes 833 employees in the unit
which U. A. W.-C. I. 0. claims to be appropriate . U. A. W -A. F. L. offered no proof as to its
membership.
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
artists, and clay-plaster modelers; timekeepers; technical school stu-
dents; indentured apprentices; technical or professional employees
who are receiving training; and kitchen and cafeteria help, constitute
a unit appropriate for the purposes of collective bargaining. We
find further that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. It appears that the Company's plant is
shut down from the last week in July until the last week in August
,for the purpose of retooling and inventory. During this time 90
per cent of the men are laid off. U. A. W.-C. I. O. requests that an
election be held prior to the time of the lay-off and U. A. W.-A. F. L.
requests that an election be held at some time when all the employees
within the appropriate unit will have an opportunity to be present
to vote. The Company takes no position as to when the election
should be held, but requests a current or June pay roll. U. A. W.-
C. I. O. contends that any pay roll up to the time of the lay-off will
be proper. Under the circumstances we shall direct that an election
be held as soon as possible and that employees eligible to vote in the
election shall be those in the appropriate unit who are employed by
the Company during the pay-roll period immediately preceding, the
date of the Direction, of Election herein, subject to such limitations
and conditions as are set forth in the Direction.
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 repre-
sentation of employees of Fisher Body Division, General Motors Cor-
poration, Norwood, Ohio, 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 the engineering-department shops at the Norwood plant
of Fisher Body Division of the Company, except employees of sales,
accounting, personnel, and industrial-relations departments, superin-
tendents and assistant superintendents, general foremen, foremen and
assistant foremen, and all other persons working in a. supervisory
capacity, including those who have the right to hire or discharge, and
those whose duties include recommendation as to hiring or discharge
FISHER BODY DIVISION 503
(but not leaders), and those employees whose work is of a confidential
nature; time-study men; plant-protection employees (but not to in-
clude maintenance patrolmen or fire patrolmen) ; all clerical em-
ployees; chief engineers and shift operating engineers in the power
plants; designing (drawing board), production, estimating, and
planning engineers; draftsmen and detailers; physicists; chemists;
metallurgists; artists, designer-artists, and clay-plaster modelers;
timekeepers; technical school students; indentured apprentices; tech-
nical or professional employees who are receiving training; and
kitchen and cafeteria help, constitute a unit appropriate for the pur-
poses 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 Relations
Act and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DzuECrED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with the Fisher Body Division, General Motors Corporation, Norwood,
Ohio, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion of Election, 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
9, of said Rules and Regulations, among all production and mainte-
nance employees and mechanical employees in the engineering-depart-
ment,shops of Fisher Body Division, General Motors Corporation,
Norwood, Ohio, who were employed by the Company during the pay-
roll period immediately preceding the date of this Direction, including
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 temporarily laid off, but excluding employees
of sales,, accounting, personnel, and industrial-relations departments,
superintendents and assistant superintendents, general foremen, fore-
men and assistant foremen, and all other persons working in a super-
visory capacity, including those who have the right to hire or dis-
charge, and those whose duties include recommendation as to hiring
or discharge (but not leaders), and those employees whose work is
of a confidential nature; time-study men; plant-production employees
(but not to include maintenance patrolmen or fire patrolmen) ; all
clerical employees; chief engineers and shift operating engineers in
the power plants; designing (drawing board), production, estimat-
'504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing, 'and planning engineers; draftsmen and detailers; physicists;
chemists; metallurgists; artists, designer-artists, and clay-plaster
modelers; timekeepers; technical school students; indentured appren-
tices; technical or professional employees who are receiving training;
and 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 United Automobile
Workers of America, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.
[SAME TITLE
AMENDMENT TO DIRECTION OF ELECTION
July 22, 1941
On July 17, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election, in the
above-entitled proceeding. The Direction of Electiton directed that
an election by secret ballot be conducted not later than thirty (30)
days from the date of the Direction among certain employees of
Fisher Body Division, General Motors Corporation, to determine
whether they desire to be represented by United Automobile Workers
of America, affiliated with the Congress of Industrial Organizations,
or United Automobile Workers of America, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining,
or by neither.
The Board, having been advised that United Automobile Workers
of America, affiliated with the American Federation of Labor, does
not desire its name to appear upon the ballot, hereby amends the
Direction of Election by striking therefrom the words "to determine
whether they desire to be represented by United Automobile Workers
of America, affiliated with the Congress of Industrial Organizations,
or United Automobile Workers of America, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining,
or by neither," and substituting therefor the words "to determine
whether or not they desire to be represented by United Automobile
Workers of America, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining."
33 N. L. R. B., No. 97a.