General Motors Corp.

National Labor Relations Board - Board Decisions

May 14, 1942

40 N.L.R.B. 1387 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, ALLISON DIVISIONS
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 933, AFFILIATED
WITH THE C. I. O.
Case No. R-3739-Decided May 14, 19.1
Jurisdiction : aircraft engine manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; year to year
contract automatically renewed unless notice is given thirty days prior to its-
expiration date, held no bar, where petition was filed within a reasonable time
prior to expiration date and automatic renewal date ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees and mechanical employees in the engineering department shop of
one division of Company, with certain stipulated exclusions.
Mr. Robert D. Malarney, for the Board.
Messrs. Denton Jolly, Henry M. Hogan, and Harry S. Benjamin,.
Jr., of Detroit, Mich., for the Company.
Mr. Richard H. Oberreich, of Indianapolis, Ind., for the U. A. W.
Messrs. Cassatt Martz and R. Niven Stoll, of Indianapolis, Ind.,
for the Independent.
Messrs. W. H. Winko and Albert Ackeret, of Indianapolis, Ind.,
and Mr. L. O. Thomas, of Washington, D. C., for the I. A. M.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local 933, affiliated with the C. I. 0., herein called the U. A. W.,.
alleging that a question' affecting commerce had arisen concerning the-
representation of employees of General Motors Corporation, Allison
Division, Speedway City, Indiana, herein called the Company, the-
National Labor Relations Board provided for an appropriate hearing
upon due notice before Gustaf B. Erickson, Trial Examiner. Said
hearing was held at Indianapolis, Indiana, on April 18, 1942. The
Board, the Company, the U. A. W., United Aircraft Engine Workers,
40 N. I, R. B., No 247.
1387
i
1388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Inc., herein called the Independent, and International Association
.of Machinists, affiliated with the A. F. of L., herein called the
I. A. M., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. Thereafter the U. A. W., the Independent, and the'I'. A. M.
filed briefs, which the Board has considered. On May 5, 1942, a
stipulation signed by counsel for the Company, the U. A. W., and
the Independent, was docketed with the Board, providing for the
correction of a certain error in the transcript of testimony. The
.Board hereby orders that the stipulation be made a part of the
record and that the transcript be corrected in accordance with the
stipulation.
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 business office in New York City and other offices located in
Detroit, Michigan. For business reasons it functions with several
unincorporated divisions, one of which is the Allison Division, which
maintains a plant at Speedway City, Indiana, at which it manufac-
tures bearings, aircraft engines, and aircraft engine parts. A sub-
stantial portion in value of productive' materials, including raw and
fabricated or partially fabricated articles, used in the manufacturing
operations of the Allison Division, is obtained from sources outside
the State of Indiana, and a substantial portion of its finished prod-
ucts is shipped upon completion to points outside the State of Indiana.
These shipments of materials and products normally occur at regu-
lar intervals during each week that the plant is in operation and the
greater part of them are moved by motor carrier, rail carrier, and
other types of carriers.'
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 933, is a labor organization,
'In a prior case involving the Allison Division we. found, upon, a stipulation of the
parties thereto, that more than 50 percent of the materials used was obtained from
outside the State of Indiana and that more than 85 percent of the finished products
was shipped outside the State of Indiana Matter of General Motors Corporation, Allison
Division and United Aircraft Engine Workers, Inc, 23 N. L R B 803. Counsel for the
Board and the Company stipulated in this proceeding that there has been no change
since that time that would remove the Company's operations from the jurisdiction of
the Act
GENERAL MOTORS CORPORATION 1389)
affiliated with the Congress of Industrial Organizations, admitting,
to membership employees of the Company.
United Aircraft Engine Workers, Inc., is an unaffiliated labor
organization, admitting to membership employees of the Company.
International Association of Machinists is a labor organization,
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about January 16, 1942, the U. A. W. requested recognition
as the exclusive bargaining representative of the production and
maintenance employees of the Company in its Allison Division plant
located at Speedway City, Indiana. The Company declined to rec-
ognize and bargain with the U. A. W. until the latter is certified
by the Board.
In Jnly 1940 the Tndependent was certified by the Board as the
exclusive representative of the employees in the unit which the parties
herein agree is appropriate.' In September 1940 the Company and
the Independent entered into a contract, which was amended in May
1941. This contract, in which the Independent was recognized as
the exclusive representative of the employees-in the agreed unit, is
effective lentil May 22, 1942, and from year to year thereafter unless
terminated by at least 30 days' notice prior to May 22, 1942, or any
anniversary thereof.
The Independent and the T. A. M. contend that the Independent's-
contract with the Company is a bar to the present proceeding. This:
contention is without merit. The present petition was filed on Jan-
uary 16, 1942, within a reasonable time prior to the expiration date
of the contract and prior to the date on which the automatic renewal
provision would take effect in the absence of a notice of cancellation.
Under such circumstances, the contract does not constitute a bar to,
a determination of representatives.'
A statement of the Regional Director indicates that each of the
unions involved appears to represent a substantial number of elll-
ployees in the unit hereinafter found to be appropriate.'
2 See Matter of General Motors Coiporatioan Allison Div,,,oion and United Aircraft Engine
Workers , Inc, 25 N L R B 720
3 Cf Matter of Mill B , Inc, Dn,ision of Irwin if Lyons and International Woodworkers
of America, Local 116 . C 1 O. 40 N L R B 346
'The Regional Duector reported that the U A w had Submitted :3,755 application
for membership cat(],, , of which 975 were dated between May 19 1941 and December .31,-
1941 2,779 dated between Janna,y 1. 1942 and Apnl 14 , 1942 and 1 card undated
Of the .3,755 cards, 3 235 bore apparently original Signatures of persona whose names
are oil the Company's pay loll of Atoll 14, 1942, which pay roll contained not less
Ihan 11 , 000 ind not more than 15000 names
The Regional Director further reported that the I A \[ had submitted 115 authoil-
r,ition c.uds of which W « cie dated between August 8, 1941 and December :30, 1941,.
1390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- We find that a question affecting commerce has arisen concerning
-the representation of employees of the Company, within the meaning
,of Section 9 (c) and Section 2 (G) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties we find that all
production and maintenance employees and mechanical employees in
the engineering department shop, of the General Motors Corpora-
tion, Allison Division, excluding direct representatives of the manage-
ment, such as officers and directors of General Motors Corporation,
Allison Division, sales managers and assistant sales managers, fac-
tory managers and assistant factory managers, directors and em-
ployees of the Personnel and Industrial Relations Department,
directors of purchases and assistant directors of purchases, super-
intendents and assistant superintendents, general foremen, foremen,
and assistant foremen, and all other persons working in a super-
visory capacity, including those having the right to hire or discharge,
and those whose duties include recommendation as to hiring or dis-
charging (but not leaders), time-study men, plant-protection em-
ployees, all clerical employees, chief engineers and shift-operating
engineers in the power plant, designing (drawing board), estimating,
and planning engineers, draftsmen and detailers, technical school
students, and metallurgists,5 constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
The U. A. W. states that in the event it is selected as exclusive
bargaining representative of the employees of the Allison Division
it desires that the Allison Division be included in the unit composed
of all the other plants of the Company in which the U. A. W. is
Footnote 4 continued.
and 65 dated between January 3, 1942, and April 4, 1942. Of the 115 cards, 75 bore
apparently original signatures of persons whose names are on the Company's pay
roll of April 14, 1942 In addition, the representative of the I A M filed an affidavit
averring that about 300 1 A M members were employed by the Company and that
"many hundreds" of the employees had expressed a desire to vote for the I A Al
Since the Independent had been certified by the Beard in July 1940, and is currently
recognized by contract as the exclusive bargaining representative. it was not requested to
submit evidence in support of its claim to represent employees in the alleged appropriate
unit
5 The parties agreed that the following employees are within such exclusions : process
engineers responsible for the quality and precision of product, parts and component parts,
constituting the complete product, who are on salary ; file service men who follow up,
render product service in the field, and who serve as trouble shooters, and who are on
salary; laboratory attendants who conduct tests and studies and research Rork on. the
materials used in manufacture of product and who are on salary ; Inspection engineers
who check function and operation from the standpoint of performance of efficiency and
durability of the product, and who are on salary ; storekeepers who control the procure-
ment, issuance, and distribution of parts, commodities, and supplies, and who are on
-salary.
D
GENERAL MOTORS CORPORATION 1391
the exclusive bargaining agent. Since no representative has yet been
certified by the Board as the result of this proceeding, and no demand
made upon the Company to bargain on behalf of the employees of
the Allison 'Division along with the employees in its other plants,'
and in view of the provision of the national agreement between the
U. A. W. and the Company 1 providing that the inclusion, therein of
any additional units for which the U. A. W. may be certified shall
be negotiated between the Company and the U. A. W., we shall at
this time deny the request of the U. A. W.
V. DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The
U. A. W. objects to the participation of the I. A. M. in an election,
claiming that its showing of representation is insubstantial. Since
an election is to be held, and, since the I. A. M. has made some show-
ing of representation, we shall accord the I. A. M. a place on the
ballot.
At the hearing it was agreed by all parties that a current pay roll
should be used to determine eligibility to vote. In accordance with
the stipulation of the parties and our usual practice, we shall direct
that the employees of the Company eligible to vote in the election
shall be those in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of Direction' of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 Rela-
tions 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with General Motors Corporation, Allison Division, Speedway City,
Indiana, an election by secret ballot shall be conducted as early as
B See Matter of Chrysler Corporation . and International Union, United Automobile Work-
ers of America , al/timated with the Congress of Industrial Organizations. 31 I L R B 400
7 The national agreement , which by its terms was effective until April 28 , 1942, pro-
vided that inclusion therein of additional units for which the U A. W might be certified
should be negotiated between the Company and the U A W.
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
possible but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Di-
rector for the Eleventh Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV above, who were employed at
the Company's Allison Division, Speedway City, Indiana, plant,
during the pay-roll period immediately preceding the date of this
Direction, including any such employees who did not work during
said 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 any who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 933, affiliated with the C. I. 0.,
or by United Aircraft Engine Workers, Inc., or by International
Association of Machinists, affiliated with the A: F. of L., for purposes
of collective bargaining, or by none of these organizations.