General Motors Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1948

79 N.L.R.B. 376 (N.L.R.B. 1948)

In the Matter of GENERAL MOTORS CORPORATION, BUICK MOTORS Dlvi-
SION, EMPLOYER and PATTERN MAKERS' ASSOCIATION OF DETROIT AND
VICINITY, AFFILIATED WITH THE PATTERN MAKERS LEAGUE OF AMER-
ICA, AFL, PETITIONER
Case No. 7-RC-.1j,5, Decoded Aug+imt 31, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the ineaumg of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit; the determination of representatives :
The Petitioner seeks a unit composed of all wood-pattern makers
working on bench, metal-pattern makers working on bench or ma-
chine, pattern checkers, pattern lay-out men, model makers, and ap-
prentices in the afore-mentioned categories employed in the Em-
ployer's Buick Motors Division plant at Flint, Michigan, excluding
all pattern foundry service and repair employees, pattern driers,
office and clerical employees, professional employees, model maker
helpers, plant guards, and supervisors. Although the Employer
agrees that the proposed unit is appropriate, it urges that apprentices
be excluded. International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, UAW-CIO,
herein called the Intervenor, contends that the Board should
not direct a self-determination election among the pattern makers,
79 N. L . R. B., No. 54.
376
GENERAL MOTORS CORPORATION 377
because of the history of bargaining on a plant-wide basis between
the Employer and the Intervenor and also because this plant is an
integral,part of the Employer's many highly integrated operations.
In this connection, the Intervenor asserts that, if the Petitioner were
certified as a result- of this proceeding; it would have a serious effect
on the basic wage structure, grievance and bargaining procedures, and
bargaining relations that have resulted from the collective bargaining
agreements executed by the Employer and the Intervenor.
Because the employees sought herein constitute a well-recognized
apprenticeable craft group,' who have been established in separate
units for collective bargaining purposes in other General Motors
plants and elsewhere in the automobile manufacturing industry,2 we
believe that they may, if they so desire, constitute a separate unit.8
They may also continue as part of the production and maintenance
unit in which they have been included for more than 5 years. We shall
therefore direct an election in the following voting group, including
apprentices as is our practice : 4
All wood-pattern makers working on bench, metal-pattern makers
working on bench or machine, pattern checkers, pattern lay-out men,
model makers, and apprentices in the afore-mentioned categories
employed in the Employer's Buick Motors Division plant at Flint,
Michigan, excluding all pattern foundry service and repair employ-
ees, pattern driers, office and clerical employees, professional employ-
ees, model maker helpers, plant guards, and supervisors as defined
in the Act.
However, we shall make no final unit determination at this time,
but shall be guided in part by the desires of these employees as
expressed in the election hereinafter directed .5 If a majority of the
employees vote for the Petitioner, they will be taken to have indicated
their desire to constitute a separate appropriate unit.
1 See Matter of Westinghouse Electric Corporation, 75 N L. R. B. 638 ; Matter of The
Buckeye Steel Castings Company, 75 N. L. R B. 982.
2 See Matter of General Motors Corporation , Buick Motor Division, 36 N. L. R. B 893;
Matter of General Motors Corporation , Delco Products Division, 23 N L R B 1014;
Matter of Ford Motor Company, 30 N. L. R. B . 985; Matter of General Motors Corporation,
20 N L. R B 950
8 Matter of Kaiser-Frazer Corporation, 73 N. L R. B. 109; Matter of General Motors Cor-
poration, Fisher Body Division . 77 N. L. R. B. 1159
4 Matter of Baltimore Castings Corporation , 73 N. L. R B. 128; Matter of The Babcock
& Wilcox Company, 72 N L R. B. 1256
5 We find no merit in the Intervenor 's contention that a self-determination election should
not be directed because of the history of bargaining on an employer -wide basis and the
integrated character of the Employer 's enterprise . The record shows that the Petitioner
currently represents, on a craft -unit basis , pattern makers employed In four other indi-
vid ual plants of the Employer located in 'lie State of Mnhigan
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION 6
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
.secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Seventh Region, and subject
to Sections 203.61 and 203.62 of the National Labor Relations Board
Rules and Regulations-Series 5, among the employees described
in paragraph numbered 4, above, who were employed during the pay-
roll period immediately preceding the date of this Direction of Elec-
tion, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off,
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, and also excluding employees on strike who are not
entitled to reinstatement, to determine whether they desire to be
represented, for purposes of collective bargaining, by Pattern Makers'
Association of Detroit and Vicinity, affiliated with the Pattern Makers
League of America, AFL, or by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
UAW-CIO, or by neither.
MEMBER REYNOLDS took no part in the consideration of the above
Decision and Direction of Election.
8 Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed from the ballot.