114 N.L.R.B. 229 (N.L.R.B. 1955)

General Motors Corp.

National Labor Relations Board - Board DecisionsOct 6, 1955

114 N.L.R.B. 229 (N.L.R.B. 1955)

GENERAL MOTORS CORPORATION, OLDSMOBILE DIVISION 229 3. By such discrimination including the failure and refusal to reinstate these em- ployees without prejudice to their seniority and other rights and privileges, and by the prior conduct-of threatening to discharge those employees who' continued to par- ticipate in an economic strike,, the Respondents have interfered with, restrained, and coerced their employees in the exercise of the rights guaranteed in Section 7 of the Act and have thereby engaged in and are engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 4. The aforesaid] unfair,labor practices are unfair labor practices within the mean- ing of Section'2 (6) and (7) of theeAct. [Recommendations omitted from publication.] General Motors Corporation, Oldsmobile Division , Forge Plant, Lansing, Michigan and" International - Die -Sinkers Conference, Lansing Lodge No. 60 (Independent ), Petitioner and Interna- tional Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW--CIO, and' its Local 652. Oase No. 7-RC-2778. October 6,1955 ` - DECISION AND DIRECTION OF ELECTION Upon a' petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before L. L. Porterfield , hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error , and are hereby affirmed. At the request of the In- tervenor, the Board , on August 11, 1955 , heard oral argument in this case. The Board has considered the entire record , the briefs , and the oral argument and finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3.-A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 ( c) (1), and Section 2 (6) and (7) of the Act. 4. On August 20, 1941, after a consent election, the Petitioner was certified -by the Board as bargaining representative for "all - impression die sinkers employed in the manufacture or maintenance of dies used to complete forgings , including die sinkers on bench, mill,"lathe, and other machines , trim die makers, keller men, excluding supervisors" and other employees .' Since that date, the Employer and the Peti- tioner have entered into a series of contracts covering the above em- ployees who currently number 178 employees . The Petitioner, which has traditionally represented departments similar to the type here re- quested, is-seeking to add to its existing unit, , 43 other employees who 1 34 NLRB 605. 114 NLRB No. 54. 230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD also work in the Employer's die shop 2 on dies and parts of dies. Theâ€¢ smaller group of employees, since August 20, 1941, have been represented by the Intervenor as part of a production and maintenance unit.' The Intervenor opposes the severance of employees from its existing unit and the creation of a new departmental unit. In effect, the Inter- venor is urging the Board to reconsider the case of American Potash cC Chemical Corporation' and, in addition, contends that the principles announced in that case are not applicable to the present case. The Employer takes a neutral position. Our holding in the related case of General Motors Corporation, Chevrolet Forge Plant, Detroit, Michigan,' decided this day, involving virtually identical facts,' is dispositive of all material issues raised in this proceeding. For reasons set forth therein, we find that a depart- mental unit of diesinkers may be appropriate.' Accordingly, we shall direct a self-determination election among the following employees who work in the Employer's die shop 8 at Lansing, Michigan : All die assemblers, die repairmen, tool, guage, and fixture repairmen, grinders-cutter, grinder operators-blanchard, grinder operators, hardeners, inspectors-standard tool, inspectors-tool, die and fixture, radial drill operators, sharpener-tool, sharpener-tool-trainee, tem- plate makers, and die welders, excluding all other employees 9 and supervisors as defined in the Act. We shall make no final unit determination at this time. If a ma- jority vote for the-Petitioner, they will be taken to have indicated their desire to be included in the unit for which the Petitioner was certified on August 20, 1941, and the Regional Director conducting the election directed herein is instructed to issue a certification of results of election to that effect. If, however, a majority vote for the Intervenor, they will be taken to have indicated their desire to remain in the unit of 2 The Employer 's die shop employees work in two separate areas in a U-shaped building, the ends of the U being connected by a ramp . One area is referred to as the old die shop and the other as the new die shop. Employees currently represented by the Petitioner and Intervenor work side by side in both the old and new die shop, which overall area is known as department 1535 , under the supervision of the die shop superintendent. 8 See footnote 1, supra d 107 NLRB 1418. 6 114 NLRB 234 61n the cited case, the existing craft group was smaller than the group of employees sought to he severed and added thereto. In the instant case, the existing craft group is the larger of the two. 4 For the reasons stated in his concurrence in the case of General Motors Corporation, Chevrolet Forge Plant, Detroit, Michigan, supra, Member Peterson concurs herein. 8 Considered as part of the die shop, are two employees who perform die work on sapphire jet blade operations. 8 There are einployees classified as truckdrivers and chip haulers who work in the die shop The, record is not clear as to whether these employees are assigned to and work under the supervision of the die shop foreman If, however , they are in fact assigned to and work under the supervision of the die shop foreman , they shall be deemed to be included in the voting group See General Motors Corporation , Chevrolet Muncie Division (Forge Plant), 114 NLRB 231. GENERAL MOTORS CORPORATION CHEVROLET MUNCIE DIVISION 231 production and maintenance employees for which the Intervenor was â€¢certified on August 20, 1941, and the Regional Director will issue a -certification of results of election to that effect. [Text of Direction of Election omitted from publication.] MEMBER MURDOCK, dissenting : For the reasons stated in my' dissenting opinion in the companion case of General Motors Corporation, Chevrolet Forge Plant, Detroit, Michigan," I would deny the request for severance of the noncrafts- men, and dismiss the petition. 'Â° 114 NLRB 234. General Motors Corporation Chevrolet Muncie Division (Forge Plant )" and International Die Sinkers' Conference, Independ- ent, Petitioner. Case No. 35-RC-1146. October 6, 1955 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before John W. Hines, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby afliirmed.2 At the request of the Intervenor, the Board, on August 11, 1955, heard oral argument in this case. The Board has considered the entire record, the briefs, and the oral argument and finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner, without opposition from the Employer, seeks to sever from the existing production and maintenance unit, essentially a departmental unit of the Employer's forge die shop employees of whom a substantial number are craftsmen a under separate depart- mental supervision. The Intervenor contends, as its primary position, ' The Employer's name appears as corrected at the hearing ' The,besring officer permitted the International Union , United Automobile , Aircraft & Agricultural workers of America, CIO, dud its Local 499 (UAW-CIO), herein'called Intervenor , to intervene in this proceeding on the basis of its contractual interest with the Employer. The hearing officer referred to the Board , foi a ruling thereon , the Intervenor 's motion to dismiss ' the petition . For ieusons stated in paragaph 4, infra, the motion is hereby denied. It is conceded that the hidsihkers and tiinimer didmakers are craftsmen. 114 NLRB No. 11.