Henry Ford Trade School

National Labor Relations Board - Board Decisions

Sep 25, 1945

63 N.L.R.B. 1134 (N.L.R.B. 1945)

In the Matter Of HENRY FORD TRADE SCHOOL and FORD INDUSTRIAL
EDUCATION ASSOCIATION
- Case No. 7-C-1403.-Decided September 25,1945
Mr. David Citrin, for the Board.
Mr. I. A. Capizzi, of Detroit, Mich., for the respondent.
Mr. Keith Glassley, of Detroit, Mich., for the Union.
Mr. William C. Baisinger•, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon ,^ charge duly filed on January 26, 1945, by Ford Industrial
Education Association, herein called the Union, the National Labor
Relations Board, herein called the Board, by its Regional Director
for the Seventh Region (Detroit, Michigan), issued its complaint,
dated May 10, 1945, against Henry Ford Trade School, herein called
the respondent, alleging that the respondent had engaged in and was
engaging in unfair labor practices affecting commerce within the
meaning of Section 8 (1) and (5) and Section 2 (6) and (7) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
Copies of the complaint accompanied by Notice of Hearing were
duly served upon the respondent and the Union.
With respect to the unfair labor practices the complaint alleged
in substance : (1) that all employees of respondent including em-
ployees of the School who work in the training school, Naval Train-
ing School, Ford Apprentice School and Camp Legion, assistant
department heads, and instructors, but excluding employees located
in the office of the School superintendent, personnel department em-
ployees, the School superintendent, shop superintendent, assistant
shop superintendents, department heads, and all other 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; (2) that a majority of the employees in the
63 N. L. R. B., No. 175.
1134
HENRY FORD TRADE SCHOOL 1135
aforesaid appropriate unit designated the Union as their representa-
tive for the purposes of collective bargaining at an election conducted
by the Board on November 21, 1944; (3) that on December 1, 1944,
the Board certified the Union as the exclusive representative of all
employees in said unit for the purposes of collective bargaining;
(4) that at all times since December 1, 1944, the Union has been the
exclusive representative of all employees in said unit; (5) that on
and after December 20, 1944, the respondent, upon request, has refused
and still refuses to recognize and bargain with the Union ; and (6) that
by such refusal, the respondent has interfered with, restrained, and
coerced its employees in the exercise of the rights guaranteed in Sec-
tion 7 of the Act, and that such acts constitute unfair labor practices
affecting commerce within the meaning of Section 8 (1) and (5) and
Section 2 (6) and (7) of the Act.
On May 19, 1945, the respondent filed an answer in which it denied
that it was engaged in commerce within the meaning of the Act,
that the 'unit was appropriate, and that it had engaged in or was
engaging in any unfair labor practices, but admitted the allegations
with respect to its refusal to bargain and the proceedings of the Board
leading to the Union's certification.
On June 7, 1945, the respondent, the Union, and counsel for the
Board entered into a Stipulation and Agreed Statement of Facts, for
the purpose of avoiding the necessity of a formal hearing before a
Trial Examiner. Pursuant to the stipulation, the parties agreed to
waive a hearing upon the complaint, the issuance of an Intermediate
Report by a Trial Examiner or the issuance by the Board of proposed
findings of fact, proposed conclusions of law, or a proposed order, and
other further proceedings before and of the Board, provided that the
respondent and the Union might, within 20 days after the date of the
stipulation, file briefs with the Board and apply for leave to argue
orally before the Board. The parties further agreed that the Stipu-
lation and Agreed Statement of Facts, the affidavits attached thereto,
the charge, the complaint, the, notice of hearing, and the answer of
the respondent, together with the entire record in the representation
proceedings, shall constitute the entire record in'this proceeding.
On July 30, 1945, the respondent filed a brief in support of its posi-
tion with the Board at Washington, D. C. No request for oral argu-
ment before the Board was made, and none was held. The Board has
considered the brief submitted by the respondent, and, insofar as the
contentions therein are inconsistent with the findings of fact, conclu-
sions of law, and order set forth below, finds them to be without
merit.
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case and upon the respondent's brief,
the Board makes the following: '
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent, Henry Ford Trade School, is a non-profit Mich-
igan corporation with its principal office and place of business in
Dearborn, Michigan, where it operates a vocational school for teen
age boys wherein the students receive, without charge, academic and
shop instruction and training.' All students receive scholarships and
free meals at noontime. The respondent also operates Camp Legion,
in which academic and shop instruction and training are given, with-
out charge, to discharged veterans of World War II. The respondent
has furnished instructional service to the Naval Training School
which was operated by the Ford Motor Company, a Delaware corpo-
ration herein called the Company.2 The Naval Training School was
closed on December 22, 1944. The respondent also furnishes instruc-
tional service to the Ford Apprentice School wherein employees of
the Company are given instruction and training. The respondent
employs approximately 300 persons of whom approximately 232 are
"instructors, 34 are maintenance employees, and 22 are clerical
employees.
The respondent leases floor space, machinery, and equipment from
the Company. The respondent is engaged in the processing, repair,
and servicing of tools and equipment 3 solely for the Company. The
work involved in the processing, repairing, and servicing of said tools
and equipment is performed by the respondent's students under the
direction and supervision of the instructors. The work is performed
pursuant to an agreement between the respondent and the Company
' The respondent ' s articles of incorporation set forth the purposes for which it was
formed as follows : "To give gratuitous training for mechanical trades and /or in agricul-
ture and instruction in technical , scientific and agricultural subjects related thereto."
a The Ford Motor Company owns and operates manufacturing plants in Michigan, Cali-
fornia, New York, Missouri , Tennessee , Ohio, Minnesota , and various other States of the
United States , where prior to the war , it was engaged in the manufacture of automobiles,
trucks , and tractors , and parts and accessories thereof. Since shortly after the entry of
the United States into the war, all of the Company 's manufacturing facilities have been
devoted principally to the manufacture of various war materials . The Company 's various
plants annually use raw materials valued in terms of hundreds of millions of dollars, a
substantial percentage of which is transported to the plants in interstate Commerce; they
annually manufacture hundreds of millions of dollars worth of finished products , a large
portion of which is sold and transported in interstate commerce. None of the parties deny,
and the Board has previously found in numerous cases involving the Company , that the
Company is engaged in business affecting commerce within the meaning of the Act.
8 Said tools and equipment consists of dies, jigs , fixtures, conveyor parts, cutters , drills,
reamers, end mills , side mills , convex mills , form tools , globe valves , gate valves, pipe
wrenches, screw drivers , dial gauges , and other equipment.
HENRY FORD TRADE SCHOOL 1137 ,
whereby the Company furnishes all the necessary raw materials from-
its stocks at its Rouge Plant in Dearborn, Michigan,4 and the Company
pays the respondent a certain specified rate per hour for all such work
completed by the respondent. All the tools and equipment processed,,
serviced, and repaired by the respondent are delivered by the respond-
ent to the Company at its Rouge Plant, where they are commingled
with other similar products purchased and manufactured by the Com-
pany. These commingled products are destined for use in the Com-
pany's various plants throughout the United States, including the
Rouge Plant. During the years 1943 and 1944, the Company paid to
the respondent $2,400,000 and $2,700,000, respectively, for processing,
repairing, and servicing tools and equipment for the Company. In
addition to processing, repairing, and servicing tools and equipment
for the Company, the respondent publishes and sells several trade
books. One such book, "Shop Theory," is also published and sold by
McGraw Hill Company; the respondent receives royalties from those
sales. Receipts from books sold by the respondent in the year 1943
amounted to about $26,000 and in 1944 to about $16,000, approximately
75 percent of which represents the value of books shipped to customers
outside the State of Michigan. The royalties received by the respond-
ent during 1943 amounted to $11,667. -
• The respondent contends, in its answer and brief, that it is not
engaged in commerce or in any activity which affects commerce within
the meaning of the Act, but that it is primarily an educational insti-
tution incorporated for the purpose of teaching students in so-called
shop practice and other practices, processes, and means and ways of
producing tools, equipment, and machinery to be used in manufactur-
ing establishments, and that the" production of tools and equipment
is merely incidental to its educational activities. The respondent fur-
ther argues that the amount of tools and equipment produced by the
respondent which enter into the flow of commerce between the States.
is too infinitesimal to affect commerce within the meaning of the Act.
It is also the respondent's asserted position, based on the affidavit of
the Company's production manager, that any interruption in the
manufacturing activities of the respondent would in no way affect the
manufacturing operations of the Company. We considered the re-
spondent's contentions in the representation proceeding and found
them to be without merit. There is nothing in this record to lead us
to a different conclusion .5
4 The Company obtained a substantial portion of these raw materials , amounting to over
$10,000,000 during the years 1943 and 1944, from outside the State of Michigan.
c See N. L R. B v. (#ulf Public Service Company, 116 F. (2d) 852 (C C. A. 5) ; Polish
National Alliance v. N , L. R. B., 322 U. S. 643, aff 'g 136 F. ( 2d) 175 (C C A. 7), enf'g as.
mod. 42 N. L. R. B. 1375
1138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Ford Industrial Education Association is an unaffiliated labor or-
ganization admitting to membership employees of the respondent.
III. THE UNFAIR LABOR PRACTICES
A. The appropriate unit and representation by the Union of a majority
therein
On October 30, 1944, the Board issued a Decision and Direction of
Election," rejecting the respondent's contention that instructors em-
ployed by the respondent should not be included in a bargaining unit
comprised of its employees; and finding, inter alia, that all employees
of the respondent, including employees of the respondent who work
in the training school, Naval Training School, Ford Apprentice School,
and Camp Legion, assistant department heads, and instructors, but
excluding employees located in the office of the School superintendent,
personnel department employees, the School superintendent, shop su-
perintendent, assistant shop superintendents, department heads, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
On November 21, 1944, an election was held pursuant to said Direc-
tion of Election. On December 1, 1944, the Board certified the Union
as the representative of the employees in the unit heretofore men-
tioned, for the purposes of collective bargaining.
The respondent contends that the complaint should be dismissed on
the ground that, inter alia, a bargaining unit comprised of its em-
ployees which includes instructors is not appropriate for the pur-
poses of collective bargaining. In support of this position, the re-
spondent asserts (1) that instructors are, in effect, supervisory em-
ployees because they carry out policies of the respondent and because
they supervise and instruct the students, and (2) that there is a dis-
similarity between the duties and working conditions of instructors
and those of the other employees, maintenance and clerical personnel,
who comprise the unit heretofore found to be appropriate. The same
position was maintained by the respondent in the representation
proceeding.
We considered the respondent's contentions in the representation
proceeding and found thei A to be without merit. There is nothing
in this record to lead us to a different conclusion.
0 Matter of Henry Ford Trade School , 58 N. L . R. B. 1535.
HENRY FORD TRADE SCHOOL 1139
We find, in accordance with our previous determination, that all
employees of the respondent, including employees of the respondent
who work in the training school, Naval Training School (if any),
Ford Apprentice School, and Camp Legion, assistant department
heads, and instructors, but excluding employees located in the office
of the School superintendent, personnel department employees, the
School superintendent, shop superintendent, assistant shop superin-
tendents, department heads, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute, and at all times material herein constituted, a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act. We further find that, on and
at all times after December 1, 1944, the Union was the duly desig-
nated bargaining representative of a majority of the employees in
the aforesaid appropriate unit, and that, pursuant to the provisions
of Section 9 (a) of the Act, the Union was on December 1, 1944, and
at all times thereafter has been, and is now, the exclusive representa-
tive of all employees in the aforesaid unit for the purposes of col-
lective bargaining with respect to rates of pay, wages, hours of employ-
nnent, and other conditions of employment.
B. The refusal to bargain
In its answer to the Board's complaint, the respondent admits the
allegation that at all times since on or about December 20, 1944, it has
refused the Union's request to bargain. The stipulation of June 7,
1945, shows that on December 11, 1944, the Union requested the re-
spondent to bargain collectively with it with respect to the employees
comprising the above-found appropriate unit; that on December 13,
1944, the Policy Committee of the Union met with the respondent's
superintendent, who informed the Union's representatives that he had
no authority to sign a bargaining contract and referred them to the
respondent's attorney; and that on or about December 20, 1944, and
continuously thereafter, the respondent has refused to confer and ne-
gotiate with the Union.
We find that the respondent, on or about December 20, 1944, and at
all times thereafter, has refused to bargain collectively with the Union
as the exclusive representative of its employees in an appropriate
unit and has thereby interfered with, restrained, and coerced its em-
ployees in the exercise of the rights guaranteed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
We find, contrary to the respondent's contention, that the activities
of the respondent set forth in Section III, above, occurring in con-
662n14-46-vol 63-73
1140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nection with the operations of the respondent described in Section I,
above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and tend to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Having found that the respondent has engaged in and is engaging
in unfair labor practices, we will order it to cease and desist therefrom,
and to take certain affirmative action designed to effectuate the policies
of the Act. We have found that the respondent has refused to bar-
gain collectively with the Union as the exclusive representative of the
employees in an appropriate unit. We shall; therefore, order that
the respondent, upon request, bargain collectively with the Union.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Ford Industrial Education Association is a labor organization,
within the meaning of Section 2 (5) of the Act.
2. All employees of the respondent, including employees of the
respondent who work in the training school, Naval Training School
(if any), Ford Apprentice School, and Camp Legion, assistant de-
partment heads, and instructors, but excluding employees located in
the office of the School superintendent, personnel department employ-
ees, the School superintendent, shop superintendent, assistant shop
superintendents, department heads, and all other supervisory em-
ployees 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.
3. Ford Industrial Education Association was on December 20,
1944, and at all times thereafter has been, the exclusive representa-
tive of all employees in the aforesaid unit for the purposes of collective
bargaining, within the meaning of Section 9 (a) of the Act.
4. By refusing on or about December 20, 1944, and at all times there-
after, to bargain collectively with the Ford Industrial Education As-
sociation as the exclusive representative of all its employees in the
aforesaid appropriate unit, the respondent has engaged in and is en-
gaging in unfair labor practices, within the meaning of Section 8 (5)
of the Act.
5. By interfering with, restraining, and coercing its employees in
the exercise of the rights guaranteed in Section 7 of the Act, the
HENRY FORD TRADE SCHOOL 1141
respondent has engaged in and is engaging in unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusions
of law and the entire record in the case, and pursuant to Section 10 (c)?
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the respondent, Henry Ford Trade School,
Dearborn, Michigan, and its officers, agents, successors, and assigns,
shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with Ford Industrial Educa-
tion Association as the exclusive representative of all its employees,
including its employees who work in the training school, Naval Train-
ing School (if any), Ford Apprentice School, and Camp Legion,
assistant department heads, and instructors, but excluding employees:
located in the office of the School superintendent, personnel depart-
ment employees, the School superintendent; shop superintendent,
assistant shop superintendents, department heads, and all other super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action;
(b) Engaging in any like or related acts or conduct interfering with,
restraining, or coercing its employees in the exercise of the right to
self-organization, to form labor organizations, to join or assist Ford
Industrial Education Association, or any other labor organization,
to bargain collectively through representatives of their own choosing,.
and to engage in concerted activities, for the purpose of collective,
bargaining or other mutual aid or protection, as guaranteed in Sec-
tion 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a). Upon request, bargain. collectively with Ford Industrial Edu-
cation Association as the exclusive representative of all employees of
the respondent, including employees of the respondent who work in
the training school, Naval Training School (if any), Ford Apprentice
School, and Camp Legion, assistant department heads, and instruc-
tors, but excluding employees located in the office of the School
superintendent, personnel department employees, the School super-
intendent, shop superintendent, assistant shop superintendents, de-
partment heads, 'and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, in,
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respect to grievances, labor disputes, rates of pay, wages, hours of
employment, and other terms and conditions of employment;
(b) Post immediately at its place of business in Dearborn, Michi-
gan, copies of the notice attached hereto, marked "Appendix A."
Copies of said notice, to be furnished by the Regional Director for the
Seventh Region, shall, after being duly signed by the respondent's
representative, be posted by the respondent immediately upon receipt
thereof, and maintained by it for sixty (60) consecutive days there-
after, in conspicuous places, including all places where notices to em-
ployees are customarily posted. Reasonable steps shall be taken by
the respondent to insure that said notices are not altered, defaced,
or covered by any other material;
(c) Notify the Regional Director for the Seventh Region in writ-
ing, within ten (10) days from the date of this Order, what steps
it has taken to comply herewith.
CIIAI] mIAN HEazoo took no'part in the consideration of the above
Decision and Order.
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
We Will Not refuse to bargain with Ford Industrial Education
Association as the exclusive representative of our employees in
the bargaining unit described herein;
We Will Not engage in any like or related act or conduct
interfering with, restraining, or coercing our employees in the
exercise of their right to self-organization, to form labor organiza-
tions, to join or assist the above-named or any other labor organ-
ization, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection.
All our employees are free to become or remain members of this
Union, or any other labor organization;
We Will bargain collectively, upon request, with the above-
named union as the exclusive representative of all employees in
the bargaining unit described herein with respect to rates of pay,
hours of employment or other conditions of employment, and if
an understanding is reached, embody such understanding in a
signed agreement. The bargaining unit is: All employees of
Henry Ford Trade School, Dearborn, Michigan,' including em-
ployees of the School who work in the training school, Naval
HENRY FORD TRADE SCHOOL 1143
Training School (if any), Ford Apprentice School, and Camp
Legion, assistant department heads, and instructors, but exclud-
ing employees located in the office of the School superintendent,
personnel department employees, the School superintendent, shop
superintendent, assistant shop superintendents, department heads,
and all other supervisory employees with authority to hire, pro.
mote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action.
HENRY FORD TRADE SCHOOL
(Employer)
Dated-------------------- By --------------------------------
(Representative) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.