General Motors Corp.

National Labor Relations Board - Board Decisions

Aug 11, 1944

57 N.L.R.B. 1283 (N.L.R.B. 1944)

In the Matter of GENERAL MOTORS CORPORATION , ALLISON DIVISION
and INDIANAPOLIS LOCAL # 5, UNITED AIRCRAFT ENGINE WORKERS,
INC., AFFILIATED WITH THE CONFEDERATED UNIONS OF AMERICA
In the Matter of GENERAL MOTORS CORPORATION , ALLISON DIVISION
and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND
AGRICUITTURAL IMPLEMENT - WORKERS OF AMERICA (UAW-CIO),
AFFILIATED WITH CONGRESS OF INDUSTRIAL ,ORGANIZATIONS
Cases Nos. 9-R-1419 and 9-R-1428, respectively. Decided August 11,
1944.
Mr. Harry M. Hogan, by Mr. Harry S. Benjamin, Jr., of Detroit,
Mich., for the Company.
Mr. Cassatt Martz, of Indianapolis, Ind., for Local #5 and the
Confederated.
Mr. Andrew Jacobs, of Indianapolis, Ind., for the C. I. O.
Mr. Joseph C. Wells, of counsel to the Board.
DECISION -
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Indianapolis Local #5, United
Aircraft Engine Workers, Inc., affiliated with the Confederated
Unions of America, herein called Local #5, and International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America (UAW-CIO), affiliated with the Congress of Industrial
Organizations, herein called the'C1O, alleging that questions affecting
commerce had arisen concerning the representation of employees of
General Motors Corporation, Allison Division, Indianapolis, Indiana,
herein called the Company, the National Labor Relations Board con-
solidated the cases and provided for an appropriate hearing upon due
notice before Louis Plost, Trial Examiner. Said hearing was held
at Indianapolis, Indiana, on July 14, 1944. The Company, Local #5,
United Aircraft Engine Workers, Inc., affiliated with the Confederated
57 N. L. R. B., No. 195.
1283
1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Unions of America, herein called the Confederated,' and the CIO
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 error and are hereby affirmed. All
-parties were afforded an opportunity to file briefs with tlie'Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY '
General Motors Corporation is a Delaware corporation with its prin-
cipal business office in New York City, and other offices located in De-
troit, Michigan. For business reasons it functions through several
unincorporated divisions, one of which is the Allison Division, which
maintains plants in Marion County, Indiana, at which it manufactures
aircraft engines and aircraft engine parts. A substantial portion of the
goods and materials, used by the Company at the Allison -Division
plants is shipped there from points outside the State of Indiana, and
a substantial portion of the finished products of these plants is shipped
to points outside the State. I
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Indianapolis Local #5, United Aircraft Engine Workers, Inc., affil-
iated with the Confederated Unions of America, is a labor organization
admitting to membership employees of the Company.
United Aircraft Engine «Torkers,-Inc., affiliated with the Confed-
erated Unions of America, is a labor organization admitting to mem-
bership employees of the Company. ,
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is.a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that the CIO on December '2, 1943, and Local•
#5 on April 12, 1944, each requested'the Company to recognize it as
the exclusive :bargaining representative of certain employees within
units alleged to be appropriate, and that the Company refused to
1 Local #5, chartered by the Confederated, appeared as petitioner in Case No. 9-R-1419.
The Confederated appeared as interNenoi in Case No 9-R-1428.
-GENERAL MOTORS CORPORATION 1285
accord such recognition to either union prior to certification by the
'Board. With respect to the request for recognition made by the CIO,
the Company contends that-the Board's certification of the Confeder-
ated on April 22, 1943, is a bar to the petition filed by the CIO in Case
No. 9-R-1428. -The Company states in effect, that, although more than
a year has passed since the Board's prior certification of the Confed-
erated, the employees have expressed their desire as to which of the two
contending unions shall represent them by their votes cast in four elec-
tions conducted by the Board during the past 4 years; and that, there-'
fore, an election at this time will not effectuate the purposes of the
National Labor Relations Act. The Confederated contends that its
contract-with the Company with respect to labor relations between the
Company and the employees in the unit alleged to be appropriate is an
effective bar to the petition filed by the CIO in this proceeding.
On July 19, 1940,2 and on April 22, 1943,3 the Board certified the
Confederated as the exclusive bargaining representative of the
Company's production and maintenance employees. In September
1940, and in July 1942, the Confederated' and the Company executed
contracts concerning these employees. The July 1942 contract speci-
fied no termination date, and provided that termination could be
effected by either party upon 60 days' notice. , In July 1943, the parties,
began negotiations to modify the July 1942 contract. In June 1944,
the parties, having been unable to agree upon certain matters, sub-
mitted their disputes to the National War Labor Board.4 Meanwhile,
the parties continued to operate under the provisions of the July 1942
contract. -
Inasmuch as the presently effective contract between the Company
and the Confederated is one of indefinite duration, and has been in
effect for more than 2 years, we find that it is not a bar to the petition
filed by the CIO in this procee0ing.5 Further, since the Board's last
certification of the Confederated as the exclusive bargaining repre-
sentative of the employees involved-was issued more than a year ago,
we find that such certification is no bar to the CIO's petition.6 -
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that Local #5, and the CIO each represents a substan-
tial number of employees in the unit it contends to be appropriate.7
8 Matter of General Motors Corporation, Allison Division , 25 N L R ' B. 720.
s This certification , which was not published , followed an election held on June 2, 1942,
which was set aside by the Board; another election held on Match 4, 1943, and a run-off
election held April 8, 1943
" At, the date of the hearing in this pi oceedrng , the National war, Labor Board had not
issued its decision regarding these disputes ,
Matter of The Trailer Company of America, 51 N. L R. B 1106
c Cf Matter of Aluminum, Company of America, Newark lVo,ks, 57 N L. R. B 913
The Board 'agent reported that Local # 5 submitted application cards, and that a
comparison of the names thereon with the names on the Company ' s pay roll revealed that
77 perc&nt of the employees in the alleged appropriate unit appears to have authorized
1286 ; DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within -the meaning
of Section19 (c) and Section 2"(6) and (7) of the Act..
IV. THE APPROPRIATE UNITS
The petition'filed by Local #5, in Case No. 9-R-1419, describes the
unit it seeks as comprising "all timekeepers and employees performing
similar work" in the Company's plants. It appears that "employees
performing similar work" is intended1by Local #5 to mean all hourly
rated factory clerks, and that Local #5 does not seek to represent fac-
tory clerks who are compensated on a salary basis. '-The Company
contends that the unit should comprise only hourly rated timekeepers,
and should exclude salaried timekeepers and factory clerks., Neither
the Company nor Local #5 submitted evidence to the effect That the
nature of the work performed by -salaried timekeepers is different
from that performed by hourly paid timekeepers, or that the nature of
the work performed by salaried factory clerks, whom Local #5 would
exclude from the unit, is different from that performed by hourly paid
factory clerks. We have stated, frequently that for the purpose of
determining appropriate bargaining units we will not distinguish
between employees paid on a salary basis and those paid on an hourly
basis solely on the ground of the difference in mode of payment.5
Accordingly, we shall not exclude from the unit salaried timekeepers
whose duties are not, supervisory. Although the timekeepers and all
factory clerks appear to be clerical workers who might together con-
stitute an appropriate unit, the record is void of any evidence which
affords a reasonable basis for the inclusion of some and the exclusion
of other factory clerks. Since neither the number of salaried factory
clerks 9 employed nor the interest of Local #5 in such clerks is ap-
parent, we shall exclude,all factory clerks, from the unit without
prejudice to a different determination at a later date. We find that
Local #5 to represent them. The CIO does not seek to participate in an election among
the employees in this unit.
The Board agent also reported that the CIO submitted authorization cards which were.
compared with the Company 's pay roll by spot -check , and that said comparison indicates
that 68 percent of the employees in toe appropriate unit appears to have authorized the
CIO to represent them 1
Since the Confederated had been certified by the Board in April 1943, and is currently
recognized by contract as the exclusive -bargaining representative of the employees in the
unit, sought by the CIO, it was not requested ' to submit evidence in support of its claim
to represent these employees. 1.
The Company and the Confederated contend that the method used by the Board agent-
the spot-check mentioned above-to determine that the CIO represents a substantial number
of employees in the unit alleged to be appropriate was "irregular and improper." We find
this contention to be without merit See Matter of Republw Aviation Corporation, 54
N. L R B 539 , and Matter of Bethlehem -Hingham Shipyard , Inc, 54 N. L R. B. 631.
8Matter of Jones\& Laughlin Steel Corporation, Pittsburgh Works, 57 N . L. R. B:
357 -
B Nor does the record reveal the number of the hourly paid factory clerks.
i
GENERAL MOTORS CORPORATION 1287
all timekeepers in the plants of the General Motors Corporation,
Allison Division, located in Marion County, Indiana, excluding all
supervisory employees' with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective, bargaining within the meaning of Section
9 (b) of the Act. -
In substantial accordance with a stipulation of the parties in Case
No. 9-R-1428,10 we find that all production, and maintenance em-
ployees and mechanical employees in plants numbers 1 to 7, inclusive,
of the General Motors Corporation, Allison Division, Marion County,.
Indiana, excluding officers and directors of General Motors Corpo-
ration, Allison Division, sales managers and assistant sales managers,'
factory' managers and assistant factory managers, directors and em-
ployees of the personnel and industrial relations department, directors
of purchases and assistant directors of purchases, superintendents and
assistant superintendents, general foremen, foremen and assistant
foremen, and all other persons working in a supervisory capacity,
including those having the right to hire or discharge and those whose
duties include recommendation as to hiring or discharging (but not
leaders), time-study men, plant-protection employees, all clerical
employees, chief engineers and shift operating engineers in power
plants, designing (drawing board), estimating, and planning engi-
neers, draftsmen, and detailers, technical school students, metallurg-
ists, and indentured apprentices," 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 questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the respective units who were employed during the pay-roll
period immediately preceding the date of the Direction herein, sub-
ject to the limitations and additions set forth in the Direction.
"The unit proposed by the stipulation is substantially the same unit found appropriate
by the Board, in accordance with the Stipulation of the sane pasties in its prior determina-
tion (Matter of General Motors Corporation, Allison Division, 40 N. L R B 1387).
" The parties agreed that the following employees are within such exclusions : process
engineers , responsible for the quality and piecislon of product , who are on salary; field
!servicemen , who follow up, render product service in the field , who serve as trouble
shooters , and who are on salary , laboratory attendants , who conduct tests and studies,
and research , work . on the materials used in the 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 production , and who are on salary, store-
keepers , who control the procurement, issuance , and distribution of parts , commodities,
and supplies , and who are on salary.
1288 DECISIONS- OF 'NATIONAL LABOR RELATIONS BOARD
;DIRECTION OF ELECTIONS
i
By virtue' of and pursuant to 'the power vested yin 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, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaming with General Motors
Corporation, Allison Division, Indianapolis, Indiana, with respect
to the employees employed at the plants located in Marion County,
Indiana, operated by said Company, elections 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 Ninth 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 of the Company in each of the groups described below 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 tempo-'
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause .and have
not been rehired or reinstated prior to the date of the elections :
(1) All timekeepers in the plants of the General Motors'Corpora-
tion, Allison Division, located in Marion County, Indiana, excluding
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
,effectively recommend such action, to determine whether or not they
desire to be represented by Indianapolis Local #5, United Aircraft
Engine Workers, Inc., affiliated with the Confederated Unions of
America, for the purposes of collective bargaining; and
(2) All production and maintenance employees and mechanical
employees in plants numbers 1 to 7, inclusive, of the General Motors
Corporation, Allison Division, Marion County, Indiana, excluding
officers and directors of General Motors Corporation, Allison Divi-
sion, sales managers and assistant sales managers, factory managers
and assistant factory manager, directors, and employees of the person-
nel and industrial relations department, directors of purchases and as-'
sistant directors of purchases, superintendents and assistant superin-
tendents, general foremen, foremen and assistant foremen, and all
other persons working in a supervisory capacity, including those
having the right to hire or discharge and those whose duties include
GENERAL MOTORS CORPORATION 1289
recommendation as to hiring or discharging (but not leaders), time-
,study men, plant-protection employees, all clerical employees, chief
engineers and shift operating engineers in power plants, designing
(drawing'board), estimating, and planning engineers, draftsmen and
detailers, technical school students, metallurgists, and indentured
apprentices, to determine whether they desire to be represented by
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America (UAW-CIO), affiliated with the'
Congress of Industrial Organizations, or by United Aircraft Engine
Workers, Inc., affili,ited with the Confederated Unions of America, for
the purposes of collective bargaining, or by neither.
CHAIRMAN MnLis took no part in the consideration of the above
Decision and Direction of Elections.
9