General Motors Corp.

National Labor Relations Board - Board Decisions

Sep 14, 1945

63 N.L.R.B. 910 (N.L.R.B. 1945)

In the Matter of GENERAL MOTORS CORPORATION, OLDSMOBILE DIVISION
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO),
LOCAL 652
Case No. 7-R-20411.-Decided September 14, 1945
Mr. Henry M. Hogan, by Mr. Harry S. Benjamin, Jr., of Detroit,
Mich., for the Company.
Mr. R. Lyle Stone, of Lansing, Mich., for the Union.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND .
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO), Local 652, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of General Motors Corporation, Oldsmobile Division,
Lansing, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Max Rotenberg, Trial Examiner. The hearing was held at
Lansing, Michigan, on June 25, 1945. The Company and the Union
appeared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. At the hearing, the Company moved
for dismissal of the petition. For reasons set forth in Section IV,
infra, the motion is denied. 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 the Board.
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, maintains its
business offices in New York City and Detroit, Michigan. For business.
63 N L. R. B., No. 142.
910
GENERAL MOTORS CORPORATION 911
reasons, General Motors Corporation functions through several un-
incorporated divisions, one of which is the Oldsmobile Division lo-
cated in Lansing, Michigan, where the Company operates the sole
plants involved in this proceeding. Substantially all of the facilities
at the Oldsmobile Division plants are utilized in the manufacture of
war materials for the United States Government and the United
Nations. More than 50 percent in value of the goods and materials
used in the Oldsmobile Division is obtained from points outside the
State of Michigan, and in excess of 50 percent in value of finished
products is shipped to points outside the State of Michigan.
The Company admits that its operations at the Oldsmobile Division
plants affect commerce within the meaning of the National Labor
Relations Act, and we so find.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local 652, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a letter dated April 20, 1945, the Union requested the Company
for recognition as the exclusive bargaining representative of the em-
ployees in the alleged appropriate unit. Shortly thereafter the Com-
pany refused to extend such recognition.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
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 contends that all employees of the Company in the time-
keeping group, accounting department, of the Main and Forge plants
of the Oldsmobile Division, including area checkers, rate checkers,
ticket checkers, time writers, who do or do not operate coniptometers,
and special assignment men, but excluding the stenographer and all
supervisory employees, constitute an appropriate unit.2 The Company
I The Field Examiner reported that the Union submitted 55 application for membership
cards, which were dated in April 1945 There are approximately 85 employees in the pro-
posed unit The Union 's evidence of representation as not checked against a pay -roll list
because the Company refused to submit such list to the Field Examumer.
2 The unit herein proposed is substantially the same as the one declare (] appropriate in
Matter of General Motors Corpaaataon , Oldsmobile Dct.asion, 54 N L R B 713, where
the parties herein were also involved.
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is in substantial agreement with the scope of the unit, but urges dis-
missal of the petition on the ground that the inclusion of the "time-
writers" 3 renders such unit inappropriate.
The Oldsmobile Division at Lansing, Michigan, is composed of two
plants, known a s the Main and Forge plants. The following employees
within the alleged appropriate unit perform specialized operations
usually associated with timekeeping. The area checkers keep a con-
stant check on the work-time of other employees and on the type of
work in which they are engaged; the rate checkers make rate entries
on the time slips of hourly paid employees; the ticket checkers deter-
mine the accuracy of the time slips and make the necessary corrections;
the special assignment men perform all types of operations that are
required as a result of the occurrence of irregularities in the above
timekeeping processes. The "time writers, whom the Company desires
to exclude, post the daily time of employees on clock cards and at the
end of the week submit a weekly time report to the salary pay-roll
division. The clerical work of the time writers differs from other
timekeepers only in that approximately 10 percent of their work-time
is spent in using a comptometer. All of the timekeepers, including
the time writers, are under the management of a "general supervisor."
It is thus apparent that the time writers are an integral part of this
interdependent timekeeping unit, and we shall, therefore, include the
time writers in the unit hereinafter deemed appropriate 4
The Board, on numerous occasions, has approved units of time-
keepers; 5 and, accordingly, we find that all employees of the Company
in the timekeeping group, accounting department, of the Main and
Forge plants of the Oldsmobile Division, Lansing, Michigan, including
area checkers, rate checkers, time writers, who do or do not operate
comptometers, and special assignment men, but excluding the stenog-
rapher, the general supervisor and all supervisory employees with the
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 bar-
gaining 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
S The Company refers to these employees as "comptometer operators."
4 See Matter of General Motors Corporation, Oldsmobile Division, supra, where time
writers were specifically included.
5 Matter of Bethlehem-Fairfield Shipyard, Incorporated, 59 N L R: B. 602 , Matter of
Crucible Steel Company of America, Atha Works, 62,N L R. B 1294 , Matter of Chrysler
Corporation, 56 N L R. B. 1302 ; Matter of General Motors Corporation, Oldsmobile Divi-
sion, supra, and cases cited therein.
GENERAL MOTORS CORPORATION 913
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
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 3, 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, Oldsmobile Division, Lansing, 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 direction
and "supervision of the Regional Director for the Seventh Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Reg-
ulations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 any 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
and Agricultural Implement Workers of America (UAW-CIO),
Local 652, for the purposes of collective bargaining.