White Motor Co.

National Labor Relations Board - Board Decisions

Oct 4, 1949

86 N.L.R.B. 380 (N.L.R.B. 1949)

III the Matter Of WHITE MOTOR COMPANY, EMPLOYER and LOCAL
LODGE #778, INTERNATIONAL ASSOCIATION OF MACHINISTS, AND
LOCAL No. 498, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONERS
Case No. 17-RC-5N2.-Decided October 4 , 19.49
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Charles F.
McCoy, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Gray].
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 involved claim to represent certain
employees 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 theAct.2
4. All mechanics, mechanics' helpers, machinists, electricians, body
men, and employees in the parts department of the Employer's Kan-
sas City, Missouri, branch service department, excluding office em-
ployees, janitors, and supervisors as defined in the Act, constitute a
"At the hearing, the Employer objected to the petition upon the ground that it was
incomplete in that the Petitioners did not fill in certain blanks with respect to the current
contract and bargaining representative . This technical defect, which was remedied at the
hearing and certainly did not prejudice the Employer , is no basis for any valid objection.
Matter of C & M Lumber Co., Inc., 83 N . L. R. B. 1258.
2 The Intervenors , International Union, United Automobile Workers of America, AFL,
and its affiliate , Local Union No. 447, contend that Local 477' s contract covering the
employees involved is a bar to this proceeding. As a substantial doubt has arisen as to
whether Local 447 is still the bargaining representative , the contract cannot operate as
bar in this case, for reasons set forth in Matter of Fruehauf Trailer Company, at at., 85
N. L. R. B. 1509.
86 N. L. R. B., No. 48.
380
WHITE MOTOR COMPANY 381
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.$
5. The petition in this case was filed jointly by the Petitioners. The
Employer contends that it is improper for the Board to entertain
a petition jointly signed by two unions, and, presumably, that it
would be improper for the Board to certify the Petitioners jointly as
the bargaining representative of the employees in the unit found
appropriate. We see no reason to depart from our past practice in
such cases.4 The names of the Petitioners will appear jointly on the
ballot, and, if they are successful in the election hereinafter directed,
they will be certified jointly as the bargaining representative of. the
employees in the entire appropriate unit. The Employer may then
insist that the Petitioners bargain jointly for such employees as a
single unit.
DIRECTION OF ELECTION 5
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
supervision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, 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 rein-
stated 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
Local Lodge #778, International Association of Machinists and
Local No. 498, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, AFL, jointly, or by Local
Union No. 447, International Union, United Automobile Workers of
America, AFL, or by neither.
$ All parties agreed to the appropriateness of this unit , which conforms to the unit
description in the contract between the Employer and Local 447, in the event the Board
decided to order an election.
4 Matter of Welding Shipyards , Inc., 81 N. L. R . B. 936; Matter of The Murray Company,
77 N. L. It. B. 481 ; Matter of General Motors Corporation, 67 N. L. It. B. 233.
8 Any participant in the election directed herein may , upon its prompt request to and
approval thereof by the Regional Director , have its name removed from the ballot.