General Motors Corp.

National Labor Relations Board - Board Decisions

Nov 28, 1942

45 N.L.R.B. 864 (N.L.R.B. 1942)

In the, Matter of GENERAL MOTORS CORPORATION, EASTERN, AIRCRAFT,
TRENTON DIVISION, and PATTERN MAKERS LEAGUE, OF NORTH AMER ICA,
A. F. OF L. -
Case No. R-4427.-Decided November 08,19-112
Jurisdiction : aircraft manufacturing industry.
Investigation and Certification of Representatives : eiistence of question: re-
fusal to accord petitioner recognition unless certified by the Board; existing
contract not specifically including, craft employees held no bar; election
necessary.
Unit Appropriate for Collective Bargaining : pattern makers and their appren-
tices permitted to determine whether they should constitute a separate bargain-
ing unit or be included in existing production and maintenance unit.
Mr. John Thomas Smith, by Mr. Kevin McInerney,- of New York
City, for the Company.
Mr. Joseph Padway, by Mr. Henry Kaiser, of Washington, D: C., for
the A. F. of L.
Mr. Edward J. McCabe, of New York City, and Mr. Anthony S.
Zuccarello, of Trenton, N. J., for the C. I. O.'
Miss Irene R. Shriber, of counsel to the Board.
DECISION .
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Pattern Makers League of North Amer-
ica, affiliated with the American Federation of Labor, herein called
the A. F. of L., alleging that a question affecting commerce had arisen
concerning the representation of employees of General Motors Corpo-
ration, Eastern Aircraft, Trenton Division, Trenton, New Jersey, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon clue notice before Robert H. Kleeb, Trial
Examiner. Said hearing was held at Trenton, New Jersey, on October
22, 1942. The Company, the A. F. of L., and International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, affiliated with the Congress of Industrial Organizations,
herein called the C. I. 0., appeared, participated, and were afforded
45 NLRB,No.129.
864
GENERAL MOTORS CORPORATION 865'
full opportunity to be heard, to examilie and cross-examine witnesses,,
and to introduce evidence bearing on the issues. During the course
of the hearing, the Company moved to dismiss the petition on the
ground,that the Company is not engaged in commerce within the mean-
ing of the National Labor Relations Act. The C. I. O. moved to
dismiss the petition on the grounds that-(1) no question concerning
representation exists; and (2) the unit claimed by the A. F. of L.
is not appropriate. The Trial Examiner reserved rulings on these
motions for the Board. For the reasons appearing below, the motions
are hereby denied. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation. 'Since March_ 1942, the
plant involved in this proceeding, located at Trenton, New Jersey, has
been undergoing a process of retooling preparatory to manufacturing
aircraft for the United States Navy. During the past 6 months, the
Company has purchased raw materials valued in excess of $500,000,
of which at least 75 percent represented shipments from other States.
At the hearing, a representative of the Company stated that full pro-
duction may be expected in several months; that there are 4,000 to
5,000 employees, with this number to increase considerably as the plant
reaches full production. We find that the Company is engaged in
commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, Philadelphia Associa-
tion, is a labor organization, affiliated with the Americaii Federation
of Labor, admitting to membership pattern makers employed by the
Company.
International Union, United Automobile, Aircraft and, Agricultural
Implement Workers of America, is a labor organization, affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 10, 1942, the A. F. of L. notified the -Company
that it represented a, majority of the pattern makers and their ap-
prentices at the Trenton plant and requested recognition. , On August
11, the Company refused to grant. recognition. On August 14, the
493508-43-vol 45-55 •
866 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A. F. of L. filed its petition herein. The C. I. O. contends that an
existing contract between 'it and the Company is a bar to this pro-
ceeding. ,
On January 21, 1941, following an election held pursuant to a con-
sent election agreement, the Board certified the C. I. O. as the exclusive
representative of the production and maintenance employees of the
Company at the plant here involved, excluding certain groups not here
material.' On Julie 3, 1941, the C. I. O. and the Company entered into
a' contract with respect to plants in-which the C. I. O. had been certified,"
by the Board. This contract covered, in substance, the employees in
the unit for which the C. I. O. had been certified. The contract was to
remain in effect until April 28,1942, and thereafter subject to termina-
tion upon 60 days' written notice. Neither the unit described in the
certification nor the terms of the contract specifically included or ex-
cluded pattern makers. In fact, no pattern makers were employed at
the Trenton plant prior to May 4, 1942.
. , On May 21, 1942, the Company and the C. I. O. entered into a tenta-
tive or interim agreement, also applicable to the Trenton plant, fol-
lowing proceedings before the National War Labor Board. This
agreement does not specifically cover pattern makers at the Trenton
plant. On or about October 19, 1942, the C. I. O. and the Company
entered into a new contract, in which the description of the employees
covered was the same as that contained in the June 1941 contract.
The record shows that the CJ. 0., prior to the October 1942 agree-
ment, has not represented or bargained for the pattern makers at the
Trenton plant. As stated above, no pattern makers were employed
prior to May 1942, and the prior certification and contracts do not pur-
port specifically to cover pattern makers. The C. I. O. presented no
evidence of membership among the pattern makers, whereas the Acting
Regional Director's statement indicates that virtually all pattern
makers have designated the A. F. of L.2' Under these circumstances,
we find that the contract between the C. I. O. and the Company is not
a bar to a present determination of representatives .s
We accordingly 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 (6) and (7) of the Act.
'Matter of General Motors Corporation , Ternstedt-Trenton Division and International
Union, United Automobile ll'orkers of America, affliated with the C 1 O , 29 N L R B 122.
2 The Acting Regional Director 's statement shows that the A F. of L submitted a letter
dated August 19, 1942, indicatmg ' that four of the seven employees in the Company's pat-
tern shop were dues-paying members of the A F of L prior to their employment with
the Company , and two of the remaining employees in the alleged appropriate unit became
members of the A F of L since their employment with the Company . Six of the seven
names submitted by the A. F. of L appear on the pay-roll list of August 14, 1942 The
pay-i oll list submitted by the Company contained the names of seven employees who
appear to be within the alleged appropriate unit.
3 See Matter of General Motors Corporation , Eastern Aircraft, Linden Dwision and
Pattern Makers League of North America, A F of L, 44 N L R B 513.
GENERAL MOTORS CORPORATION 867,
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES.
The A . F. of L . contends that the wood pattern makers and their
apprentices constitute an appropriate unit for the purposes of collec-
tive bargaining . The C. I. 0. contends that all the employees in the
unit established pursuant to the consent election agreement and for
which the C. I. 0. was certified by the Board constitutes the appro-
priate unit , including the pattern makers and apprentices . The Com-
pany takes no position as to the appropriate unit.
All parties agree to exclude the foreman over the wood pattern
makers. Exclusive of the foreman , there were five wood pattern
makers as of the date of the hearing .' There were no apprentices em-
ployed at the time of the hearing. .
Although the work of the pattern makers is interrelated and closely
associated with the work of the other employees in the plant, it is
clear that the pattern makers do intricate and highly skilled work;
that none of the other employees in the pattern department can
make patterns ; and that pattern making is a distinctive craft. We
have held in numerous other cases that pattern makers form a clearly
definable unit .5 Moreover , no pattern makers were employed at the
time the production and maintenance unit was established , and their
inclusion in such - unit was not determined as the result of any pro-
ceeding in which the claim of the A. F. of L. as to a separate unit
for them was considered.
Under these circumstances , we find that the pattern makers, and
their apprentices , if any, may properly form an appropriate unit if
they so desire. In the absence of any question concerning repre-
sentation among the employees in the original maintenance and pro-
duction unit , we shall direct a separate election .among the pattern
makers and their apprentices , excluding foremen, in the Company's
wood or pattern shop wherein a question concerning representation
has arisen . If the pattern makers - and their apprentices select the
A. F. of L., they will thereby have indicated their desire to constitute
a separate unit. If they select the C.• I. 0., such employees will have
thereby indicated their desire to be included in a unit with the gen-
eral production and maintenance group and will be a part of such
unit. ' We shall accordingly direct that the question concerning rep-
resentation which has arisen be resolved by a separate election by
secret ballot among the pattern makers and their apprentices who
were employed during the pay-roll period immediately preceding the
'The Company representative stated that this number will increase as the plant stens-
up to full production
Matter o f General Motors, Linden Division and International Union , United Auto-
mobile, Aircraft & Agricultural Implement Workers of America , C. I. 0, 44 N'L. R R
513, and cases cited therein.
9 In this event we shall order the petition dismissed.
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
date of the 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 9, 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 purpose of collective bargaining with General Motors
Corporation, Eastern Aircraft, Trenton Division, Trenton, New Jer-
sey, 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
Fourth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 10, of said Rules
and Regulations, among the Company's wood pattern makers and
apprentices employed at the Trenton plant, who were employed dur-
ing the pay-roll'period immediately preceding the date of this Direc-
tion, including any such employees who did not work during said pay-
roll period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid off,
but excluding foremen and any employees who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Pattern Makers League of North America, affiliated
with the American Federation of Labor, or by International Union,
'United Automobile, Aircraft and Agricultural Implement Workers of
America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.