General Motors Corp.

National Labor Relations Board - Board Decisions

Jul 9, 1942

42 N.L.R.B. 224 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET MOTOR
DIVISION, BALTIMORE and INTERNATIONAL UNION OF OPERATING EN-
GINEERS, LOCAL 272 (AFL)
Case No R-8789.Decided July 9, 1942
Jurisdict ion: truck and chassis manufactuiing and assembling industry
Investigation and Certification of Representatives . refusal to accord petitioner
iecognition, election necessaiy
Unit Appropriate for Collective Bargaining : all shift-operating engineers at the
powerhouse of one of the Company's plants, excluding the chief engineer,
boiler-room engineers, and ashmen, boiler-ioom engineers excluded, despite
petitioner's request for then inclusion, on basis of past history of employee
organization and collective bargaining
Mr. Earle K. Sliawe, for the Board.
Mr Henry M Hogan and Mr. Denton Jolly, of Detroit, Mich, for
the Company
Mr Jacob J. Edelman, Mm Isidor Roman, and Mr Roscoe Emin-
izer, of Baltimore, Md , for Local 272
Mr Frank J Bender and Mr. Emil L Luter, of Baltimore, Md,
Mr Maurice Sugar and Mr Ernest Goodman of Detroit, Mich, for
the United
Mr. Harry H Ruskin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon petition duly filed by International Union of Operating En-
gineers, Local 272, affiliated with the Ameiican Federation of Labor,
herein called Local 272, alleging that a question affecting commerce
had arisen concerning the representation of employees of General
Motors Corporation, Chevrolet Motor Division, Baltimore, Maryland,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Gustaf B.
Erickson, Tiial Examiner Said hearing was held at Baltimore,
Maryland, on April 30, 1942 The Company, Local 272, and Inter-
national Union, United Automobile, Aicraft, and Agricultural Iim-
plement Workers of America, affiliated with the Congiess of Industrial
42NLR B, No 51
224
1
Am
GENERAL MOTORS CORPORATION , 225
Organizations, herein called the United, appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
The Trial Examiner's rulings, made at the hearing, are free from
prejudicial eiror and ate hereby affirmed The Board has considered
the briefs which were filed by the Company and Local 272 on May
23, 1942, and by the United on May 25, 1942
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 Delawaie corporation with its
principal office in New Yolk City and with other offices in Detroit,
Michigan The Chevrolet Motor Division, one of the-Company's sev-
eral unincorporated divisions, operates a plant at Baltimore, Mary-
land, which is herein called the Baltimore Chevrolet plant and is the
only plant involved in the present proceeding At this plant the
Company is engaged in the manufacture and assembling of trucks and
chassis More than 60-percent of the productive materials, including
raw or partially fabricated materials, used at the Baltimore Chevrolet
plant come from outside the State of Maryland, and more than' 60
pei cent of the finished products made at the plant are shipped out-
side the State of Maryland by motor carriei, rail carrier, and other
types of carrier The Company admits for the purpose of this pro-
ceeding that at the Baltimore Chevrolet plant it is engaged in coin-
meice, within the meaning of the National Labor Relations Act
II THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local 272, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
International Union, United Automobile, Aicraft, and Agricul-
tural Implement Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
Prior to the filing of the petition herein, Local 272 requested recog-
nition from the Company as the exclusive bargaining representative
of the licensed employees in the powerhouse at the Company's Balti-
more Chevrolet plant. The Company refused to recognize Local 272
472814-42-vol 42-15
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as such representative for the reason that it had a contract with the
United which covered some of the employees sought to be represented
by Local 272
The United and the Company have had contractual relations cov-
ering production and maintenance employees at various plants of the
Company since June 24, 1940 On June 3, 1941, a contract 1 was
executed superseding the agreement of June 24, 1940 The 1941 con-
tract provided for recognition of the United as the exclusive
representative of "production and maintenance employees and me-
chanical employees in engineering department shops" of the Com-
pany The Baltimore Chevrolet plant was among the Company's
plants covered by the contract, which was by its terms to continue
in effect until Apiil 28, 1942, and was subject to modificatioii, change,
or termination upon written notice by either party to the other 60
days prior to April 28, 1942 In the absence of such notice, the
contract was to continue in force subject to termination or modifica-
tion thereafter upon 60 days' notice At the time of the hearing, the
contract had expired, but the Company and the United were con-
tinuing to operate under it with the understanding that its extension
was abiding the resolution of certain points of disagreement between
them
A statement of the Regional Director, introduced into evidence
at the hearing, shows that Local 272 represents a substantial number
of employees in the unit herein found to be appropriate 2 The
United submitted no authorization or membership-application cards,
but relied upon its contract with the Company and asserted that it
represented five boiler-room engineers and two ashmen in the power-
house, as members
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act
IV THE APPROPRIATE UNIT
Local 272 contends that all boiler-room engnleeis and shift-open at-
ing engineers employed in the powerhouse at the Baltimore Chevro-
let plant, excluding the chief engineer and ashmen , constitute an
'The contract was executed by the Company and "Interiratioual Union, United Auto-
mobile Worl.eis of America, C I 0," the name by which the United wis then known
2 The Regional Ditector iepoitecl that Local 272 submitted eight authorization and
membership application carers, dated as follows one in 14 Irv 1939, six in November 1941,
and one in Februaiy 1942, that all the Garda bin e signatures which appeared to be
genuine, and that all the names on the cards were on the Cempai i s pav toll of Feb-
ruary 25, 1942 As fuitber proof of such representation, Local 272 introduced into
e%idence eight authorization ( aids which boie the names of the shift operating engineers
and thiee boiler-room engineers employed at the powerhouse at the time of the heaiing
There are five employees in the unit herein found to be appropriate -
GENERAL MOTORS CORPORATION 227
appropriate unit The United does not object to a unit of only the
shift-operating engineers, but opposes the inclusion of the boiler-
room engineers in such a unit The Company likewise contends that
the unit sought by Local 272 is inappropriate, but takes the position
that, if the Board should find a unit of shift-operating engineers
appropriate, the chief engineer should be excluded Both the Com-
pany and the United are opposed to having the ashmen and the boiler-
s oom engineei s in separate units
The Company and the United contend that the contract of June 3,
1941, covered the boiler-room engineers Pursuant to a Decision and
Direction of Elections 3 issued by the Board on February 28, 1940,
elections wei e conducted among all production, maintenance and
mechanical employees at the Baltimore Chevrolet plant, excluding the
shift-opei atmg engineers and the chief engineer, among others On
August 2, 1940, on the basis of the elections, the Board certified the
United as the exclusive representative of the employees at the Balti-
more Chevrolet plant in the unit set forth above 4 Thereafter, the
United supplemented the 1941 agreement by negotiating with the
local management of the Baltimore Chevrolet plant with respect to
wages and conditions of employment of hourly paid employees, in-
cluding the boiler-room engineers and the ashmen The boiler-room
engineers were not expressly excluded from the production and main-
tenance unit found appropriate by the Board in the Decision and
Direction of Elections of February 28, 1940, and there is testimony
that they were permitted to vote in the subsequent elections The
Company and the United have been bargaining for the boiler-room
engineers at 70 other plants of the Company in which similar units
were held appropriate
The powerhouse at the Baltimore Chevrolet plant occupies a
separate building about 200 yards from the assembly line and about
75 yards from the service building It supplies steam and generates
power for the Baltimore Chevrolet plant and for the nearby Fishei
Body_ plant of the Company. Regardless of the work schedule at
the plant, the powerhouse is operated daily on a 24-hour basis by five
boiler-room engineers, five shift-operating engineers, two ashmen, and
one chief engineer The boiler-room engineers work in the boiler
room, where they fire and steam the boilers They also look after the
operation of the engines when requested to do so- by the shift-
opei ating engineers or by the chief engineer They hold second-
grade licenses issued by the State of Maryland, and they are hourly
paid The shift-operating engineers work in the engine room, are
Mattei of Ceneial Mntorc Coipoiation and International Union, U A W A, affiliated
with, the A F L, et (17, 20 N L R B 950
4Matter of Genet at Motoia Co, potation and International Union , U A W A, affiliated
with the A I L , et at , 26 N L R B 60
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in chaige of the shift at the powerhouse, and aie iesponsible for
major repairs to the boileis and engines They can iecommend hir-
ing, discharge, and advancement of other employees, but the final
decision in these matters is left to the chief engineer They hold
first-grade licenses issued by the State of Maryland, and they are
paid on a salary basis Theie is testimony that the practice of
the Company has been to require a second-grade license for the posi-
tion of boiler-room engineer and a first-grade license for the position
of shift-operating engineer, although the Company disputes the
requirement as to boiler-room engineers. The ashmen clean the ashes
from the ash pits, do general cleaning, and haul coal They are not
mechanics, ai e not licensed, and are hourly paid The chief engineer
is in complete charge of the powerhouse and is a licensed, first-grade
engineer.
Local 272 includes only licensed engineers within its jurisdiction.
It contends that the boilei-ioom engineers and the shift-operating
engineers should be included in the same unit, since the employees
in both these classifications are licensed mechanics and are qualified
to do the same kind of work, except for the limitations imposed by
their respective licenses. The United contends that a license is not
a prerequisite for membership in its organization, that it has bar-
gained for the boiler-room engineers in the past, and that, if the
boiler-room engineers aie excluded fiom the unit now in effect, they
will be deprived of their plant-wide seniority under the contract
between the United and the Company There is evidence that one of
the boiler-room engineers was formerly a production employee The
United contends further that the classification of ashnien is no
different from that of boiler-room engineers, since the ashnien, at
times, do some of the work of the boiler-room engineers and, like
the boiler-room engineers, are subject to the orders of the shift-
operating engineers The Company_ contends that State licenses
furnish no sound basis for determining what unit is appropriate, and
that it would be improper to carve a unit from a larger unit in which
bargaining has already proved satisfactory
The history of employee organization in the Baltimore Chevrolet
plant, our certification of the United as the representative of the
employees in an industrial unit, the benefits (including plant-wide
seniority) which the boiler-room engineers have received as a result
of bargaining by the United, and the fact that the boiler-room engi-
neers are essentially firemen with certain additional duties, all indicate
the appropiiateness of an industrial unit including the boiler-room
engineers However, the shift-operating engineers are presently
without representation, and there is testimony that they desire to
bargain with the Company through a representative of their own
GENERAL MOTORS CORPORATION 229
choosing. Accordingly, we find that all shift-operating engineers
of the Company at the powerhouse of the Baltimore Chevrolet plant,
excluding the chief engineer, boiler-room engineers, and ashmen, con-
stitute a unit appropriate. for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act .
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by seciet ballot among the
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth
in the Direction
The United would not commit itself at the hearing as to whether
or not it wanted to appear on the ballot should the Board find appro-
priate a unit consisting only of shift-operating engineers. Since
theie is no showing that the United has any representation among
the shift-operating engineers, and since the United has not bargained
for them with the Company, we shall omit the United's name from
the ballot.
Since we have found appropriate a unit different from that uuged
by Local 272 in its petition and at the hearing, leave is hereby given
local 272 to withdraw its petition, if it should so desire, by giving
notice to that effect to the Regional Director'within five (5) days
after the date of this Decision and Direction of Election
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 Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with General Motors
Corporation, Chevrolet Motor Division, Baltimore, Maryland, 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 Fifth 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 the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately pieceding the date of this Direction, including
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees who did not work during such pay-ioll 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 who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by International
Union of Operating Engineers, Local 272, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining.
In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET MOTOR
DIVISION, BALTIMORE and INTERNATIONAL UNION OF OPERATING EN-
GINEERS, LOCAL 272 (AFL)
Case No R-3789
AMENDMENT TO DIRECTION OF ELECTION
August 11, 1942
On July 9, 1942, the National Laboi Relations Boaid, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled pi oceedings,l the election to be held within thirty (30) days
from the date of the Direction under the direction and supervision
of the Regional Directoi for the Fifth Region (Baltimore, Maiyland)
The Board, having been advised k',v the Regional Director that a
longer time within which to hold the election is necessary, hereby
amends the Direction of Election issued on July 9, 1942, by striking
therefrom the words "not latei than thirty (30) days from the date
of this Direction" and substituting theiefor the words "at such future
time as the Board may hereafter direct "
MR. Wm M. LEISERsoN took not part in the consideration of the
above Amendment to Direction of Election.
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