General Motors Corp.

National Labor Relations Board - Board Decisions

Aug 16, 1943

51 N.L.R.B. 1366 (N.L.R.B. 1943)

In the Matter of GENERAL MOTORS CORPORATION , EASTERN AIRCRAFT,
TRENTON DivisioN and LOCAL 731, INTERNATIONAL UNION, UNITED
AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, C. I. O.
Case No. R-5770.-Decided August 16, 1943
Mr. John Tlwinas Smith , by Mr. Kerwin McInerney of New York
City, for the Company.
Mr. John LaEzza , of Trenton , N. J., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 731, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, C. I. 0., herein called the Union, alleging that a question, affecting
commerce had arisen concerning the representation of employees of
General Motors Corporation, Eastern Aircraft,, Trenton Division,
Trenton, New Jersey, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Geoffrey J. Cunniff, Trial Examiner. Said hearing was held
at Trenton, New Jersey, on July 29,1943. The Company and the Union
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 hear-
ing are free from prejudicial error and are hereby affirmed. Allparties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Motors Corporation, Eastern Aircraft, Trenton Division,
is a Delaware corporation. Since March 1942, the plant involved in
51 N. L. R. B., No. 21T.
1366
GENERAL MOTORS C'ORPORAT'ION, EASTERN AIRCRAFT, TRENTON 1367
this proceeding, located at Trenton, New Jersey, has been engaged in
the process of manufacturing aircraft for the United States Navy.
The Company purchases raw materials for use at this plant, of which
at least 75 percent represents shipments from points outside the State
of New Jersey. We find that the Company is' engaged in commerce
within the meaning of the Act.'
II. THE ORGANIZATION INVOLVED
Local 731, International Union, United Automoile, 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
By letter dated June 1, 1943, the Union requested recognition of
the Company as the bargaining representative of its timekeepers.
The Company refused such recognition on the ground that the time-
keepers were clerical., employees who were expressly excluded from the
unit previously found appropriate by the Board.2
A statement of the Regional Director introduced into evidence at
the hearing indicates that the Union represents a substantial number
of employees in the unit herein found appropriate.3
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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union, already the certified representative of the production
and maintenance employees of the Company,4 as well as other of its
employees,' seeks to represent a unit consisting of all timekeepers,
excluding auditors, assistant foremen, and foremen. The Company
contends that these employees do not comprise an appropriate unit,
basing its contention upon the grounds that (a) they are confidential
employees with responsibility to management, and (b) the provisions
'At the hearing, the parties stipulated that the business of the Company was substan-
tially the same as found by the Board in Matter. of General Motors Corporation, 45
N. L R. B . 864, wherein the Board assumed Jurisdiction finding that the Company herein
was engaged in commerce within the meaning of the Act.
% Matter of General Motors Corporation , 29 N. L. R. B. 122.
3 The Regional Director reported that the Union submitted 81 designation cards con-
taining apparently genuine original signatures of which 78 bore the names of persons
appearing upon the Company's pay roll of June 25, 1943. This pay roll contains the
names of 126 employees in the appropriate unit
4 See Matter of General Motors Corporation , footnote 2, supra
5 The Union is also the certified representative of those employees of the Company en-
gaged in the Tool Drafting and Product Engineering Departments . See Matter of Gen-
eral Motors Corporation, 33 N. L. it. B 540
1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the general contract now in effect between the Company and the
Union precludes these employees from comprising an appropriate
unit, and places the matter beyond the jurisdiction of the Board.
The record discloses that these employees, all of whom are females,
are engaged in those duties normally performed by timekeepers; in
addition, they keep records with respect to certain matters used by the
Company in computing costs. These employees do not exercise any
supervisory functions, nor do they have any power to make recommen-
dations. Their work is entirely clerical in nature. We have hereto-
fore found that timekeepers, absent a clear showing of confidential
duties which refer to labor relations, or the performance of managerial
functions, do not perform duties of 'a nature sufficient to warrant de-
priving them of the rights of self-organization and collective bargain-
ing 6 We are of the opinion that the employees herein perform no
such duties which would warrant their exclusion from the benefits
conferred by the Act.
The Company further contends that these employees, being clerical
employees, were expressly excluded from the unit by a contract dated
October 19, 1942, presently in effect'between the Company and the
Union, and that therefore the Union is estopped from representing
these employees. We find no merit in this contention.'
However, the duties and interests of the timekeepers being clerical
in nature, are not sufficiently akin to those of the production and main-
tenance workers, and we are of the opinion that they are not such
as to warrant the inclusion of timekeepers within the same unit with
such employees; we shall, therefore, constitute them a separate and
distinct unit.'
In view of the foregoing, we find that all timekeepers of the Com-
pany, excluding auditors, assistant foremen, foremen, and any other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute 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 secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
Matter of United Aircraft Products, Inc., 41 N. L. R. B. 501.
Matter of Packard Motors Car Company, 47 N. L. R. B. 1366; Matter of Briggs Manu-
facturing Company, 48 N. L. R. 'B. 57; Matter of Federal Motors Truck Company, 50
N. L. R. B. 963.
8 Matter of United Aircraft Products, Inc., supra.
GENERAL MOTORS CORPORATION, EASTERN AIRCRAFT, TRENTON 1369
tion 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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, 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 employees in the unit found appropriate
in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls,, but excluding those employees who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by Local i'31, International Union, United Automobile,
Aircraft and Agricultural Implement- 'Porkers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.
CHAIRMAN MJrLIS took no part in the consideration of the above
Decision and Direction of Election.