Willys Overland Motors, Inc.

National Labor Relations Board - Board Decisions

Jan 22, 1942

38 N.L.R.B. 462 (N.L.R.B. 1942)

,In the Matter Of WILLYS OVERLAND MOTORS, INC. and INTERNATIONAL
DIE SINKERS CONFERENCE
Case No. R-286.3
Unit Appropriate for Collective Bargaining : following oral argument held after
issuance of the Decision and Direction of Election, Board found that a 'unit
comprising all employees in a department of the Company's plant consisting
of planer men, header die men, trimmer die men, and die sinkers, all of
which comprise a single, craft, constitute an appropriate unit, and that a
smaller unit not embracing a complete craft consisting of the die sinkers and
their apprentices as contended for by petitioner should not be carved out of
the larger unit.
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DECISION AND DIRECTION OF,
ELECTION
January 02,'1942
On September 19, 1941, the Board issued a Decision and Direction
of Election in the above-entitled proceeding.,' On September 30, 1941,
the I. A. M. filed a motion for clarification by the Board of its
Decision and Direction of Election, contending that the unit found
by the Board created confusion and uncertainty. On October 22,
1941, the Company filed a motion for rehearing, contending that
the unit established by the. Board` was inappropriate. The Die
Sinkers also stated its dissatisfaction with the finding of the Board
as to the unit.
The Board, upon notice to the parties, held a hearing for the pur-
pose of oral argument on November 6, 1941, in Washington, D. C.
The Company, the. Die Sinkers, and the I. A. M. were, represented
and participated in the argument.' '
The Board, having considered all the circumstances as disclosed
by the entire record, hereby amends its Decision and Direction of
,Election of September 19, 194-1, by striking therefrom Section V,
entitled "The appropriate unit," Section VI, entitled "`The determ'i-
1 35 N. L. R. B., No. 122 - - '
9 At the oral argument , the parties restated their contentions as to the appropriate unit.
88 N. L. R. B., No. 95.
' 4fr2
WILLYS OVERLAND MOTORS, INC. 463
nation, of representatives," Conclusions of Law, and Direction of
Election and substitutes therefor the following :
V. THE APPROPRIATE UNIT
The Die Sinkers urges that all die sinkers and their apprentices
constitute a unit appropriate for the purposes of collective bargain-
ing. The I. A. M. contends that all employees in Department 109,
which includes the persons claimed by the Die Sinkers, constitute
an appropriate unit and urges the dismissal of the petition herein.
At the hearing the Company'expressed no opinion with respect to the
proposed units -or any other unit.'
All employees in Department 109 are engaged in the preparation of
dies to complete forgings and this department consists of planer men,
header die men, trimmer die men, and die sinkers.
On November 17, 1938, in a' prior proceeding,4 the Board found that
the die sinkers employed by the Company at its Toledo plant consti-
tute a separate unit appropriate for the purposes of collective bargain-
ing. The president of the Die Sinkers, who represented the I. A. M.
in the prior proceedings, stated at that time that "all men working on
dies to complete forgings" were eligible to the Die Sinkers Lodge of
the I. A. M. The Die Sinkers Lodge of the I. A. M. contended and
the Board found at that time that all employees in Department 109
were within the die sinkers craft. Thereafter, the I. A. M. bargained
on behalf of, and, as stated hereinabove, entered into exclusive bar-
gaining contracts with the Company on behalf of all employees in
Department 109, including those whom the Company classifies as die
sinkers.
In January 1941 the Die Sinkers severed its affiliation with the
I. A. M. 'It appears from the Constitution of the Die Sinkers that
"all impression men and their allied tradesmen necessary for the pro-
tection of the craft are eligible for membership." Thus, all classifica-
tions of employees in Department 109 are eligible for membership in
the Die Sinkers. In view of the fact that the Board in its prior
determination found that all, employees in Department 109 constitute
an appropriate bargaining unit, and that the smaller unit contended
for by the petitioner does not embrace a complete craft, we find that
the separate unit requested by the Die Sinkers should not be carved
out of Department 109. ! ,
We find that all employees in Department 109 of the Company,
constitute a unit appropriate-for the purposes of collective bargaining,
3 At the oral argument , however, the Company took the position that all employees in
Deparment 109 constitute an appropriate unit
+Matter of Wt lys Overland Motors, Inc. and International Union, United Automobile
Workers of America, Local No 12, et al.,' 9 N L. R. B. 924.
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and that such unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining,
and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
It appears that the Die Sinkers have a substantial membership
among the employees in Department 109. Under these circumstances,
we find that the question concerning representation which has arisen
can best be resolved by the holding of an election by secret ballot. We
shall direct that those eligible to vote in the election shall be the
employees within the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction. Since we have not upheld the contentions of the Die
Sinkers as to the appropriate unit, we will allow the Die Sinkers, if
it desires, to withdraw its name from the ballot by giving notice to
that effect to the Regional Director within five (5) days from the
date of the Direction of Election herein.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of Willys Overland Motors, Inc., Toledo, Ohio,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All employees in Department 109 of the Company constitute a
unit appropriate for the purposes, of collective bargaining , within the
meaning of Section 9 (b) of the National Labor Relations Act.
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Willys Overland Motors, Inc., Toledo, Ohio, 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 of the Eighth
WILLYS OVERLAND MOTORS, INC. 465
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all employees in Department 109 of the Company
who were employed during the pay-roll period immediately preceding
the date of this Direction,- including employees who did not work
during such pay-roll period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding employees who have since quit
or been discharged for cause, to determine whether they desire to be
represented by International Die Sinkers Conference, or by Inter-
national Association of Machinists, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.
438861-42-vol. 38-31