General Motors Corp.

National Labor Relations Board - Board Decisions

Dec 4, 1943

53 N.L.R.B. 1096 (N.L.R.B. 1943)

In the Matter of GENERAL MOTORS CORPORATION CHEVROLET MOTOR
DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT
& AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, (UAW-CIO)
Case No. 7-R-1359.-Decided December 4,194i
Messrs. Henry M. Hogan, Harry S. Benjamin, Jr., and William J.
0ldani, by Mr. William J. 0ldani, of Detroit,, Mich., for the Company.
Messrs. Maurice Sugar and Jack N. Tucker, by Mr. Jack N. Tucker,
of Detroit, Mich., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
-DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a seconded amended petition duly filed by International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America (UAW-CIO), heroin called-the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation 'of employees of General Motors Corporation, Chevrolet
Motor Division, Flint, Michigan, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert J. Wiener, Trial Examiner. Said
hearing was held at Detroit, Michigan, on August 6, 30, and 31, and
September 1 and 2, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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 error and are hereby affirmed. The Com-
pany's motions to dismiss are denied for reasons hereinafter stated.'
All parties were afforded the opportunity of filing briefs with the
Board.
'The Company 's motions to dismiss include a written motion based on alleged inade-
quacies of the unit description in the original and first amended petitions , and also several
motions founded on the contentions that the Union had failed to make a substantial showing
of representation and that the unit claimed was inappropriate for the purposes of collective
bargaining.
53 N. L. R. B., No. 204.
1096
' GENERAL MOTORS CORPORATION 1097
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Motors Corporation, a Delaware corporation, is engaged
in various sections of the United States in manufacturing operations
which are conducted through several unincorporated divisions. Of
these divisions, the Chevrolet Motor Division, operates a number of
manufacturing establishments, of which one, located at Flint, Michi-
gan, the only one with which we are here concerned, is engaged in the
manufacture of military ordnance and military vehicles for the United
States Government. During the last fiscal year, the Company used
at its Flint plant raw materials valued in excess of $1,000,000, of which
about 50 percent was obtained from points outside the State of Michi-
gan. During the same period, the finished products manufactured
at the Company's Flint, Michigan, plant amounted in value to more
than $1,000,000, of which more than 90 percent was delivered to the
United States Government at Flint, Michigan.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, (UAW-CIO), is a labor organiza-
tion' affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.,
III. THE QUESTION CONCERNING REPRESENTATION
On February 12, 1943, the Union requested in writing that the
Company recognize it as exclusive bargaining representative with
respect to certain groups of employees employed at the Company's
Flint, Michigan, plant. The Company declined to negotiate with
the Union until certified by the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial num-
ber of-employees of the Company in the unit hereinafter found ap-
propriate.2
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.
2 The Regional Director reported that the Union had submitted 107 designations, dated
in February and August 1943, including 14 undated, of which 62 bore the apparently gen-
uine, original signatures of persons whose names appear on the Company's pay roll of
August 9, 1943, containing 180 names within the claimed appropriate unit. -
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should consist of
all hourly rated clerks in the Flint, Michigan, plant, comprising em-
ployees of the accounting division (timekeepers and invoice audi-
tors) and the manufacturing division, but excluding employees of
the Parts and Service Division, supervisors of clerks, and all other
employees included in a bargaining contract between the Company
and the Union dated October 19, 1942.3 The Company, while not
opposing the exclusions proposed by the Union, contends that the
unit claimed by the Union is inappropriate on the ground (1) that
by reason of their knowledge of or access to business information
of importance, all of the employees within the proposed unit have a
confidential status with *respect to management and are therefore
not employees within the meaning of the Act; (2) that the employees
of the accounting division (timekeepers and auditors) are not only
confidential employees but also have such a difference in duties and
separation in management from other clerical employees that they
should not be included in the same unit with general clerical em-
ployees of the manufacturing division. In addition to its general
claim that the proposed unit is inappropriate, the Company contends
that certain of the employees of the manufacturing division should
be excluded as supervisory and/or confidential employees.
The first contention of the Company, namely that, because the
clerical employees herein involved generally have knowledge of or
access to business information of importance to the Company in the
conduct of its operations, such employees should therefore be con-
sidered confidential and outside the protection of the Act, has been
considered in previous decisions of the Board and held to be without
merit 4 The further and more particular contention that accounting
employees, such as ordinary timekeepers and invoice auditors, are
confidential employees and not entitled to the privilege of collective
bargaining, is equally untenable.5
There remains for consideration so far as the extent of the appro-
priate unit is concerned, the question whether, by reason of a differ-
ence in duties or a separation in management, accounting division
employees should be excluded from clerical employees of the manu-
facturing division for the purposes of collective bargaining. In sup-
port of its contention that accounting division employees be considered
a separate unit apart from clerical employees of the manufacturing
8 The agreement in question covers the production and maintenance employees of the
plant herein involved , excluding among others , all clerical employees.
4 See Matter of The Murray Corporation of America , 45 N. L. R. B. 854
e See Matter of Bethlehem Steel Company , Staten Island Yard, 46 N. L. R. B. 1166 ;
Matter of Puget Sound Bridge and Dredging Company, 46 N. L. R. B. 1071.
GENERAL MOTORS CORPORATION 1099
division, the Company points to the fact that the manufacturing
division is a "line" operation as distinguished from the accounting
division S which performs "staff" functions. Apart from this differ-
entiation of duty, the accounting division has substantial autonomy
in the management of its work and complete autonomy in the hiring
and management of its employees. On the other hand, while the
accounting division has separate supervisory and functional features
as distinguished from those of the manufacturing division, there is
substantially no difference in the essential nature of the duties per-
formed by the hourly paid clerical employees in both of, these divi-
sions, the work in each case being of a general clerical type, including
the computation of figures, the preparation of reports, the making
of entries on records, and other work related thereto. Moreover, the
record is clear that the Company's policies with respect to hours of
work, working conditions, and employee benefits are substantially
identical for all hourly rated employees of both groups; the members
of which are constantly in personal contact with one another inside
the plant. Under these circumstances, we are of the opinion and
find that accounting division employees have substantial interests in
common with the shop clerical employees of the manufacturing divi-
sion. We are of the opinion therefore that both divisions constitute
a single unit for the purposes of collective bargaining .6
The final issues for determination relate to the inclusion or exclu-
sion of certain classifications of employees in the manufacturing divi-
sion whom the Company claims are either confidential employees or
have supervisory duties with respect to other clerical employees in this
division. The various classifications to be considered may, for the
purposes of convenience, be grouped according to whether they raise
similar problems, either from the point of view of a confidential rela-
tionship to management with respect to labor relations, or a super-
visory status with respect to other clerical employees.
Employees, the exclusion of whom is requested solely by reason of
their alleged confidential relationship to management
Clerk-supervisor (Aviation Division)
While this individual does not play any direct part in grievance
procedure, and does not make any investigations concerning griev-
ances, he has access to grievance data and investigations of grievances
6 See Matter of United States Pipe & Foundry Company, 37 N L. it. B. 1150 ; Matter of
The Babcock & Wilcox Co., 52 N. L. it. B. 900. The practice of the Board has generally
been to include in a single group all ordinary clerical employees for the purposes of collec-
tive bargaining . See Matter of American Smelting and Refining Company , 33 N. L. it. B.
987; Matter of Chrysler Corporation , 36 N. L. it. B. 157 ; Matter of Fairchild Aviation
Corporation, 40 N. L. it. B. 1222.
i
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
filed by employees. In addition, he is permitted to be present during
meetings at which grievances are discussed. The record does not
indicate that any ' other employee in the Aviation Division is so
privileged. Although his immediate supervisor testified that he could
not state 'of his own knowledge whether this employee had advance
knowledge of the Company's position on grievances prior to the dis-
closure of such position by the division superintendent, we are of
the opinion and find that the employee in question, by virtue of his
position entitling him to be present at the discussion of grievances
and his right of access to grievance data, must of necessity acquire
advance knowledge of the Company's position on grievances prior
to the revelation of such position to the employees concerned.7 We
and, accordingly, that this employee has a confidential relationship
to management with respect to labor relations, by reason whereof we
shall exclude him from the appropriate unit.
Clerks, maintenance (Maintenance. Division)
The employees in this classification are divided into two groups of 8
and 15 'employees located in the plant engineer's office and various
general foremen's offices, respectively. With respect to the 15 clerks in
the various general foremen's offices, it appears that by virtue of their
location, they acquire advance knowledge of the Company's position
on grievances through overhearing all conversations between the
general foremen and the foremen under their supervision. Moreover,
these clerks have in addition the duty of filing the minutes of meetings
and investigations pertaining to grievances. In view of these cir-
cumstances, we find that the 15 clerical employees above referred to,
bear a confidential relationship, to management with respect to labor
relations. They will, therefore, be excluded from the appropriate
unit: While the 8 clerks located in the plant engineer's offices have
no duties with respect to the maintenance of grievance records, and
there is no positive evidence that they have advance knowledge of the
Company's position on grievances, it appears that they are inter-
changeable with the group of 15 clerks previously mentioned who have
duties of this character and whose position in the offices of-the general
foremen admittedly gives them advance knowledge of the Company's
attitude on labor relations. We find, accordingly, that the 8 clerks
maintenance have a confidential status in common with the 15 clerks
maintenance aforesaid, by reason whereof we shall exclude all of said
clerks from the appropriate unit.
° The Board has held that where the duties of employees allow them to have knowledge
of confidential labor affairs , they will be excluded from the appropriate unit. See Matter
of Chrysler Corporation, 36 N. L . R. B. 157.
1
GENERAL MOTORS CORPORATION 1101
Clerks-supervisor (Motor Division), toolroom offices
The seven clerks-supervisor, in this group employed on the several
shifts in the toolroom offices, are each assigned to the supervisor in
whose office he is located. Of this group, two clerks, Terry and Sack-
rider by name, are required by management to take notes at particular
stages in the grievance procedure and also to prepare management's
answer on grievances prior to the time when the Company's position
is made public. The other five clerks have the duty of taking notes
for supervisors and routing them according to grievance procedure
in addition to handling all personnel records. We find that, in view
of their duties in connection with bargaining procedure, these em-
ployees have advance knowledge of the Company's position on griev-
ances and are therefore employed in a confidential capacity with re-
spect to matters pertaining to labor relations. We shall, accordingly,
exclude them from the appropriate unit.
Clerks, special assignment (Motor Division)
There are two clerks, special assignment, in the Motor Division,
both being assigned to the general superintendent of production. The
evidence discloses that they discuss grievances with the supervisor
and at times take part in the grievance procedure between super-
visors and the Union. Both clerks take notes and. type memoranda
for the superintendents at the third step in the grievance procedure.
They also type the superintendent's memoranda to the Company's
grievance office concerning the proposed disposition of grievances be-
fore any announcement of the Company's position has been made to
the employee concerned. Other typing which they do for the super-
intendent includes a report made from time to time by the second
shift superintendent to the first shift superintendent concerning un-
usual occurrences on the second shift. Such reports include reports
of work stoppages, and in the event of an unusual grievance, also in-
cludes a statement by the second shift superintendent as to the han-
dling of the grievance together with the names of leaders involved in
any work stoppages reported. We find in view of their direct relation
to the grievance procedure and the information affecting labor rela-
tions which these employees must of necessity acquire in the per-
formance of their duties, that they are in confidential relationship
with respect to management. They will, accordingly, be excluded
from the appropriate unit.
559015-44-vol. 53-71
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clerk, Toolroon-6 specification and follow-up (Motor Division)
This employee has the responsibility of determining the ingredients
of steel which he orders in accordance with the specifications furnished
by management. While this work involves knowledge of trade secrets
and important matters in the operation of the Company's business, it
has no relation to bargainingr procedure and provides no opportunity
for obtaining either by inadvertence or design knowledge respecting
the Company's confidential labor affairs." We find that this employee
does not occupy a confidential status with respect to labor relations.
We shall, accordingly, include him within the appropriate unit .9
Clerk, office, female (Motor Division)
The one employee in this category is assigned to the chief inspector.
Her principal duty is the issuance of scrap reports. However, she
types all letters and memoranda for the chief inspector including his
grievance procedure reports to the Company's grievance office which
reports precede the revelation of management's position on the
grievance in question. We find, in view of her relation to the bar-
gaining procedure from which she must of necessity acquire advance
knowledge of the Company's position on grievances, that she sustains
a confidential relationship to management with respect to labor rela-
tions. She will, accordingly, be excluded from the appropriate unit.
Clerks, record (General Service Division)
The two employees in this category are new employees lacking ex-
perience who are described as "learners or trainees" for positions as
special assignment clerks. They, like the special assignment clerks
for whose jobs they are training, have access to machinery production
schedules, cost records and other trade secrets having no relation to
collective bargaining, and have no advance knowledge as to how the
Company proposes to dispose of any grievance. We find that they
have no confidential status with respect to labor relations and shall
include them within the appropriate unit.
Clerks, record (Pressed Metals Division)
Of the five employees in this category, one by the name of McRae
is employed at the test track or proving ground which is located a
mile or more from the plant. The four others are employed in the
manufacturing division buildings. The latter are primarily engaged
8 See Matter) of Chrysler Corporation , 36 N. L R. B. 157 at 162
The Board has held that the mere access to information which the employer may concede
confidential is of itself insufficient to justify excluding employees from the right to bargain
collectively . See Matter of Ceneial Motors Corporation , 52 N. L. R. B. 649.
9 See Matter of The Murray Corporation , 45 N. L. R. B. 854, 858.
A
GENERAL MOTORS CORPORATION 1103
in recording the serial number of all vehicles and have access to sched-
ules of subassemblies. However, there is nothing in the record to
indicate that they have anything to do with bargaining or grievance
matters, or that their duties provide them with the opportunity of
obtaining advance knowledge of the Company's position relative to
labor relations. On the other hand, McRae, the employee who works
at the test track, maintains personnel records, types letters, answers
the superintendent's telephone, and has access to information in the
division's employee records department. While McRae testified that
he had no knowledge of how the Company proposed to dispose of
any grievance in the department, the supervisor of labor relations
and administration procedures in the division testified that by virtue
of his physical location in the superintendent's office, this employee
is able to overhear grievance discussions among supervisors and
thereby acquire advance knowledge concerning the Company's posi-
tion. In view of the difference in duties between this employee and
the other four employees of like classification, together with the dif-
ference in opportunities for obtaining advance knowledge of the
Company's position on grievances, we shall exclude McRae but include
the other four record clerks within the appropriate unit.
Clerk-supervisor, time-study department (Pressed Metals Division)
The duty of the one clerk-supervisor in this department is primarily
the figuring of production efficiency. He also distributes various
efficiency reports, time-study routings and cost sheets (including
labor and material-costs). The record does not indicate that he is
in any way concerned with the bargaining or grievance procedure
or that his duties involve labor relations in any way. While the
records which he handles are considered confidential from a business
point of view, they apparently contain nothing on the subject of
labor relations. In the absence of any evidence that this employee
has managerial functions or supervisory duties with respect to other
clerical employees, we shall include him within the appropriate unit .10
Clerk-supervisor, Personnel Relations Department (Pressed Metals
Division)
The one clerk-supervisor in this department acts as a general clerk
for the department on the night shift. It is his duty to type and
10 See Matter of John Morrell & Co., 52 N. L. R. B. 1300. While the Board has in some
instances excluded time -study employees from units of clerical employees , such exclusions
have been based primarily either on evidence indicating that the time -study employees had
supervisory powers with respect to the other clerical employees within the appropriate
unit, or had functions closely related to management. See Matter of Gar Wood Industries,
Inc, 41 N L R. B. 1156, Matter of Westinghouse Electric & Manufacturing Company,
45 N. L. R. B. 826.
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
compile data on employee grievances. Moreover, all grievance data
in the files is available to him. Undisputed testimony was adduced at
the hearing to the effect that this employee has advance knowledge
of the Company's position on grievances. We find, accordingly, that
he has a confidential relationship to management with respect to
labor relations and shall exclude him from the appropriate unit.
Clerks-supervisor to Tool c Die Room Superintendents (Pressed
Metals Division)
Of the four clerks-supervisor in this category, three are physically
located in the superintendent's offices, the other being located in the
die room lay-out. The three who are assigned to the superintendent's
office overhear office conversations between the superintendent and
his subordinates. At the hearing, there was undisputed testimony
to the effect that these three employees have advance knowledge of
the Company's position on grievances. We find, in view of the oppor-
tunity which their position normally affords them to obtain advance
knowledge of the Company's attitude on grievances, that these three
employees bear it confidential relationship to management, by reason
whereof we shall exclude them from the appropriate unit. The fourth
clerk in the die room, however, has no opportunity to overhear con-
versations. Since the position of the fourth employee does not permit,
him to acquire confidential information with respect to grievances,
we shall include him within the appropriate unit.
Clerks-supervisor, Inspection Department (Pressed Metals Division)
The two clerks-supervisor in this department perform similar work
of a clerical nature, including the compiling of information for the
daily report, the filing of blueprints and letters, and the typing of
letters for the assistant chief inspector. While certain of the infor-
mation and records handled by these employees are important to the
Company in the operation of its business, there is no evidence that
these employees have anything to do with bargaining or grievance
procedure or that their position is such that of necessity they acquire
advance knowledge of the Company's position on grievances or col-
lective bargaining. We find, accordingly, that the clerks-supervisor
above-mentioned have no confidential relationship to management
with respect to labor relations. They will be included within the
appropriate unit.
Clerk-supervisor, Die Cost Department (Pressed Metals Division)
The one clerk-supervisor in,this department prepares and records
machinery, and equipment data. The records which he maintains
GENERAL MOTORS CORPORATION 1105
show machine capacity, location, and cost. On the basis of identifica-
tion given him in advance, he places tags on'equipment showing the
work projects to which it is assigned. There is no evidence that he
participates in the bargaining or grievance procedure or acquires
advance knowledge of the Company's position on grievances. While
the records which he maintains and to which he has access, contain
information of importance to the Company, there is nothing to indi-
cate that such records have any bearing on labor relations. We find,
accordingly, that this employee enjoys no confidential relationship
to management, and. we shall include him within the appropriate
unit.
Clerks, office female, Personnel Department Mfg. Division (Medical
Department)
The five clerks, office female, employed in the Medical Department
file all records in the hospital, which is a unit of the Medical De-
partment. Among these records are "records of treatments given
employees and records of injuries sustained by employees, from which
records these clerks compile reports to the appropriate agency of the
State of Michigan. The injury files contain, among other things,
statements of the nature of the injury, where and how it occurred, and
a "preliminary statement" by the injured employee. The record dis-
closes, however, that it is the Compensation Department, rather than
the Medical Department, that determines the Company's position
with respect to liability for injuries. In addition to filing work, these
particular clerks also transcribe from dictaphone records the doctors'
reports of examination made by them. The Company claims that by
reason thereof such clerks are in the nature of confidential secretaries.
On the other hand, it is clear that these employees have no confidential
duties which refer to labor relations or the performance of managerial
functions. Under the circumstances, we find that the Company's
contention is without merit and shall include the five clerks, office
female, within the appropriate unit.
Employees, the exclusion of whom is requested both on the ground of
confidential relation to management and on the ground of a super-
visory status with respect to other employees
Clerk, special assignment (Aviation Division)
The one employee in this category has the function of processing
orders for equipment and installations in the general plant for new
projects, and is also responsible for the filing of blueprints, engineer-
ing releases, machinery data sheets, and shop orders. In connection
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the first duty mentioned above, he is required to determine the
estimated cost of moving equipment on the basis of information re-
ceived from the engineering department. In addition thereto, he
determines or investigates the necessity for certain maintenance orders
to correct improper working conditions, concerning which complaints
have been received by a supervisor known as the master mechanic,
who shares in the supervision of the special assignment clerk herein
involved. The latter in the course of his duties has access to the
disposition made by the master mechanic with reference to these
complaints. This special assignment clerk admittedly supervises and
makes effective recommendations with regard to the employees status
of a salaried typist. While it does not appear from the record that
the special assignment clerk has advance knowledge of the Company's
position on grievances, we shall, in view of his clear supervisory
,status, exclude him from the appropriate unit.
Receiving and shipping clerks, (Material Division)
These employees, 26 in number, are located in 6 different offices
throughout the plant and are generally interchangeable. Receiving
and shipping clerks spend the greater part of their time in the per-
formance of clerical duties. They are, however, present in the office
of the particular supervisor to whom they are assigned during the
discussion of grievances. They also maintain the records of their
particular supervisor, which records contain the investigations of
grievances, and have access to all personnel records as maintained by
the divisional superintendent for whom they work. While it does
not appear that receiving and shipping clerks thereby acquire advance
knowledge of the Company's position on grievances, it is undisputed
not only that they very frequently act as foremen, on which occasions
they receive an extra cash allowance for the time spent in this capacity,
but also that each normally supervises and makes effective recommen-
dations as to the employee status of 5 or 6 material handlers. Under
the circumstances, we find that receiving and shipping clerks have
substantial supervisory powers, by reason whereof we shall exclude
them from the appropriate unit 11
Clerks, Production Planning (Material Division)
The two employees in this category have the duty to follow work
schedules, to assist in assembling the same, to ' follow shortages of
" The shipping and receiving clerks herein involved are distinguishable from employees
of like categories who by reason of their lesser supervisory powers have been included in
an appropriate unit of clerical employees. See Matter of General Motors Corporation, 52
N. L. R. B. 649. The Board has excluded as supervisory , employees who regularly and
frequently substitute as foremen . See Matter of Bisbee Linseed Company, 34 N. L. R. B. 272.
GENERAL MOTORS CORPORATION 1107
material, and to do any work assigned to them by the supervisor for
whom they work. While they participate in grievance procedure by
making investigations for management and are present in the major-
ity of cases during the discussion of grievances between management
and the Union, there was testimony at the hearing to the effect that
they do not thereby acquire advance knowledge of the management's
position on grievances. On the other hand, it is clear that both clerks
either make or have the capacity to make effective recommendations
as to the employee status of certain salaried office workers. Since it
appears that both clerks have a definite supervisory status, we shall
exclude them from the appropriate unit.
Clerks, record (Material Division)
While the two record clerks in this division may be required to
do occasional filing of personnel records and are present in the office
during grievance and bargaining negotiations, they do not participate
in such negotiations. There is, moreover, no evidence that they ac-
quire advance knowledge of the Company's position on grievances.
Furthermore, it appears that the two clerks do not direct the activ-
ities of others except in emergency situations and even then do not
make effective recommendations as to changes in the status of such
employees. We find that the record clerks in question have neither
a confidential relationship to management with respect to labor rela-
tions, nor a supervisory status with respect to other clerical employees.
We shall, accordingly, include them within the appropriate unit.
Clerk-supervisor (Material Division)
The one employee in this category, George Hart, maintains the
personnel records of other employees under the supervision of the
divisional superintendent on material control. While this employee
may be required to make investigations of grievances and record the
information on a particular grievance, there is testimony to the effect
that he has nothing directly to do with the disposition of grievances
and does not participate in the discussion of grievances with the
union committee. Undisputed testimony was adduced to the effect
that he has no advance knowledge of the Company's position on
grievances., The evidence is clear that this employee does not direct
the work of others and makes no recommendations with respect to
changes in the employee status of any other employee. Under the
circumstances, we find that the clerk-supervisor in question has
neither a confidential relationship with respect to management nor
a supervisory status with respect to other clerical employees. He
will, accordingly, be included within the appropriate unit.
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Record clerks (General Stores Division)
The six employees in this category are assigned to different su-
pervisors and work in various departments. All have similar duties
and have access to general management instructions but not to per-
sonnel records. Their usual position permits them to overhear con-
versations between foremen and general foremen concerning griev-
ances. While they are under no duty to take notes or take part in
the grievance procedure, it appears that they are the only employees'
privileged to overhear such discussions. Moreover, the two who
are assigned to Foremen Kinder and Galbraith, respectively, gen-
erally act as understudies to their foremen and substitute for such
foremen at least 3 days a month and during the foremen's vacations,
in connection with which duty they make effective recommendations
with respect to the employees under their supervision and are given
an extra cash allowance for the time spent while acting as foremen.
The other four employees though without regular supervisory duties
may in common with the first two make recommendations as to the
employee status of certain laborers, truckers, and stockroom attend-
ants. We find that, by reason of their privileged position to over-
hear the discussion of grievances by members of supervision, the rec-
ord clerks in question have a confidential relationship to,manage-
ment with respect to labor relations. We also find that they have
substantial supervisory powers with respect to other clerical em-
ployees. We shall, accordingly, exclude all such record clerks from
the appropriate unit.
Clerk-supervisor , Motor Division (Off.ce of Factory Costs)
The one clerk -supervisor in the office of thee superintendent of fac-
tory costs maintains department seniority schedules and on request
determines the manpower needed to operate motor division produc-
tion schedules . He has access to personnel records, time-study, and
efficiency records. He also supervises one female clerk as to whom he
has the right to make recommendations affecting her employee sta-
tus. Although the evidence does not indicate that the present clerk-
supervisor has made effective recommendations in this respect, such
recommendations have been made by this clerk 's predecessor in office.
We find that the clerk -supervisor in question because of access to per-
sonnel records is a confidential employee who in addition has super-
visory authority to effectively ' recommend changes in the status of
employees under his supervision . We shall exclude him from the
appropriate unit.
GENERAL MOTORS CORPORATION 1109
Clerks, special assignment class (General Service Division)
The 13 clerks, special assignment in this division are divided into
2 classes known as Class A and B, containing 5 and 8 employees,
respectively. Notwithstanding the contention of the Company that
all such clerks bear a confidential relationship to management, there
is no evidence that they have any connection with the grievance pro-
cedure or have any advance knowledge of the Company's position on
grievances. Nevertheless, from the supervisory point of view, it
appears that Class A clerks regularly supervise and make effective
recommendations with respect to the employee status of the Class
B clerks, together with certain female salaried employees also under
their supervision. On the other hand, Class B clerks normally, super-
vise no one, though occasionally they are assigned specific projects
and at such times temporarily supervise such clerks as may assist them
on these projects. However, even on such occasions, Class B clerks
do not make effective recommendations as to the employee status of
persons thus temporarily under their supervision. Since it appears
that Class A clerks as distinguished from Class B clerks have sub-
stantial supervisory powers, we shall exclude Class A but include
Class B clerks within the appropriate unit.12
Clerk-supervisors, Pressed Metals Divisions--employees record, tool
and die costs, engineering, departments
The clerk-supervisors in these three departments are similar in
that, while all have access to records which the Company considers
confidential, they generally have nothing to do in relation to the
bargaining procedure or to personnel records from which advance
knowledge of the Company's position on labor relations may be
obtained.13 It does not appear that they can effectively recommend
changes in status of employees under their supervision. We find
that these clerical employees other than the one assigned to the chief
engineer and master mechanic have neither a confidential relation-
ship with respect to management nor a supervisory status with re-
spect to the other clerical employees. We shall, accordingly, include
them in the appropriate unit. However, with respect to the one
clerk-supervisor who maintains the personnel records for the chief
'2 See Matter of General Motors Corporation, Buick Division , 52 N. L. R. B. 649,
wherein the Board in a similar finding held that material dispatchers who on rare occasions
exercised some directive authority over clerks assigned to them as assistants, should,
nevertheless , be included within the appropriate unit. -
13 An exception to this statement concerns one clerk -supervisor in the engineering depart-
ment who is assigned to the chief engineer and master mechanic and regularly maintains
the personnel records for the employees in the department.
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
engineer and master mechanic in the engineering department, we
find that he is a confidential employee with respect to labor relations,
and shall, therefore, exclude him from the appropriate unit.
Clerk-supervisor, Stamping Unit (Pressed Metals Division)
The one clerk-supervisor in this department is located in the
superintendent's office. While this clerk does not play any part in
the grievance procedure except to handle the supervisor's report on
grievances, it is clear that he is thereby in a position to acquire ad-
vance knowledge of the management's position on labor relations.
In addition, it appears that this employee directs the work of two
female salaried clerks as to whom he has authority to make recom-
mendations concerning changes in their employee status. Under
the circumstances, we find that the clerk-supervisor in question bears
a confidential relationship to management with respect to labor
relations and is also in a supervisory status with respect to other
clerical employees. He will, accordingly, be excluded from the
appropriate unit.
Clerks, special assignment (Personnel Relations Department)
(Pressed Metals Division)
The two clerks, special assignment in this department make in-
vestigations of grievances for the supervisor of labor relations and
sit in with the management when grievances are discussed with union
representatives. Each of the clerks may take part in such a con-
ference on his own volition as a ntember of management. At the hear-
ing, undisputed evidence was adduced to the effect that both clerks had
advance knowledge of the Company's position on grievances. In
addition, it appears that one clerk supervises two salaried typists
as to whom he is under a duty to make recommendations as to their
employee status. The other clerk has the duties of night foreman
in charge of bargaining relations at night. Since it appears that
both clerks are not only in a confidential relationship to manage-
ment with respect to labor relations but also have substantial super-
visory powers, we shall exclude them from the appropriate unit.
Clerk, special assignment (Special Assignment Department) (Pressed
Metals Division)
The one clerk special assignment in this department assists in the
compilation of information for wage negotiations and has advance
tknowledge of management's proposals in wage negotiations. In
addition, it appears that this employee supervises one salaried typist
as to whom he may make recommendations as to her employment
GENERAL MOTORS CORPORATION 1111
status, though he is under no obligation to do so and has made no
recommendation of this character up to the present time. While the
record does not clearly indicate that this clerk makes effective recom-
mendations with respect to the status of other clerical employees,
we find, by reason of his duties in connection with wage negotiations,
that he is in a confidential relationship to management with respect
to labor relations. He will, therefore, be excluded from the appro-
priate unit.
Clerk, special assignment (Chief Inspector's Office) (Pressed Metals
Division)
The one special assignment clerk, Chiffner, who is located in this
department, is assigned to the chief inspector. In addition to per-
forming duties such as the compilation of various reports, the opening
of mail, and the filing of correspondence relating to grievances in his
department, the evidence shows that the special assignment clerk in
question supervises and is responsible for the work of one clerk-
supervisor in the same office. In view of his access to correspondence
relating to labor relations, we find that he is in a confidential rela-
tionship to management with regard to labor relations. We shall
exclude him from the appropriate unit.
Clerk, special assignment (o,ce of General Superintendent, Car
Division) (Pressed Metals Division)
The one special assignment clerk in this division is located in the
office adjoining that of the superintendent and acts more or less in the
capacity of a secretary to the superintendent. Besides playing a part
in the grievance procedure by making occasional minor investiga-
tions of grievances for the general superintendent, the clerk acquires
advance knowledge of the Company's position on grievances through
his right of access to the general superintendent's office at all times
together with the fact that he is not barred from any conversations
which occur therein. In addition, it appears that this clerk super-
vises a female clerical employee as to whom he is under a duty to
make and has made effective recommendations as to her employee
status. We find, accordingly, that this clerk not only occupies a
confidential position with respect to labor relations, but also has su-
pervisory authority. He will, therefore, be excluded from the appro-
priate unit.
We find that all hourly rated clerical employees of the Chevrolet
Motor Division, employed at the Flint,. Michigan, plant, including
hourly rated clerks of the Manufacturing Division together with all
timekeepers and invoice auditors of the accounting division, but ex-
1112DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluding the employees of the Parts and Service Division, the employees
of the Manufacturing Division listed on Schedule A, annexed hereto,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or effect changes in employee status, 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 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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining ,with General Motors
Corporation, Chevrolet Motor Division, Flint, Michigan, 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 direc-
tion and supervision of the Regional Director for the Seventh Region,
acting in this matter as agent for the National,Labor Relations Board,
and subject to Article III, Sections 10 and 11, 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 per-
son at the polls, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not,they
desire to be represented by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, (UAW-
CIO), for the purposes of collective bargaining.
GENERAL MOTORS CORPORATION 1113
Schedule A
Aviation Division
Clerk supervisor
Clerk special assignment
Material Division
All 26 clerks, received and/or shipping
The 2 clerks, production planning
General Stores Division
All 6 clerks, record
Maintenance Division
The 8 clerks, maintenance, in the plant engineer's office
The 15 clerks, maintenance, in the general foremen's offices.
Motor Division
All 7 clerks supervisor in the toolroom offices
The clerk supervisor in the office of the superintendent of factory
costs
The 2 clerks special assignment
The clerk office female
General Service Division
The 5 clerks Class "A" special assignment
Pressed Metals Division
The clerk supervisor in the Engineering Department assigned to
the Chief Engineer and Master Mechanic
The clerk supervisor in the Personnel Relations Department
The 3 clerk supervisors assigned to the tool and die room super-
intendents (but the one in the die room lay-out is to be within
the unit)
The clerk supervisor assigned to the superintendent of production
in the stamping unit
The special assignment clerk, special assignment department
The 2 clerks special assignment, personnel relations department
The special assignment clerk in the chief inspector's office
The special assignment clerk in the office of the General Super-
intendent, Car Division