Willys Overland Motors, Inc.

National Labor Relations Board - Board Decisions

Jul 14, 1942

42 N.L.R.B. 428 (N.L.R.B. 1942)

In the Matter Hof WIDLYS (OvERLAND MOTORS, INO amd 'INTERNATIONAL
EIINION, UNITED AUTOMOBILE, A^IRCRAFT.& AAGRICrJLTURAIL IMAPLEM+ENT
WORK,ERS +OF AMERICA, ^LocAL #12, C I +O
Case No R-3947 -Decided July 14,
Jurisdict ion oidnance manufactui ing industi y
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitionei iecognition until certified by the Roaid, election
necessary
Unit Appropriate for Collective Bargaining : all employees in the admmistiation-
building cafeteria of the Company, excluding the supervisor, held to constitute
at separate bargaining unit fioni production and maintenance employees
Air. James F Holden and Mr J C William Smith, of Toledo, Ohio,
for the Company
Mr. Lowell Goerlwch and Mrr Richard Gosser; of Toledo, Ohio, for
the Union -
Mr Louis Cokin, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local #12, C I 0, hei ein called the Union, alleging that a question
affecting commei ce had ai isen concei ning the representation of em-
ployees of Willys Overland Motors, Inc, Toledo; Ohio, hereln-called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Max W Johnstone, Trial
Examiner. Said hearing was held at Toledo, Ohio, on June 16, 1942
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to intioduce evidence bearing on the issues. The Trial
Examiner 's rulings made at the hearing are free from prejudicial
error and are hereby affirmed
On June 30, 1942, the Company filed a brief which the Board has
considered.
Upon the entire recoid in the case, the Board makes the following
42 N L R B, No 93
428
WILLTS OVERLAND MOTORS, INC
FINDINGS! OF FACT'
I THE BUSINESS OF THE COMPANY
429
Willys' Oveiland' Motors, Inc', is a Delaware coiporation' with its
principal, pl'ace of business at Toledo, Ohio, whet e it is engaged in the
manufacture of equipment foi' the United States armed` foices The
Company uses raw materials valued in excess of $75,000,000' annually,
about 7& percent of which is shipped' to it from outside- Ohio. The
Company manufactuies finished products valued nr excess of $106,-
000;000` annually, practically aPl of which is shipped out of Ohio:
The Company admits' that it is'engaged in commerce within the mean-
ing of the National Labor Relations Act
II TH'E' ORGANIZATION INVOLVED
International Union, United Automobile,, Anci aft & Agricu'ltui al
Implement Workeis^ of America, Local #12, is a labor organization
affiliated, with the, Congress of Industrial, 01ganlzations,, admitting to
membership employees of the Company
III THE QUESTION! CONCERNING) REPRESENTATION
The Company refuses to recognize the) Union as the. exclusive repi e-
sentative' of. certain, of its, employees until". such time as, the, Unlotr is
certified by the Board.
A statement of a Field Examiner of the Board', introduced into evi=
dencei during the hearing, indicates that the Union represents a sub=
stantial number of employees in the unit hereinafter found, to) be
appropriate 1
We find that a question affecting commerce has ai isen concerning the
representation' of employees of the Company, within the meaning' of
Section 9' (c)' and Section 2'(6) andl (7)' of the Act
IV, THE APPROPRIATEi UNIT
The Union, alleged in its petition, that all employees in the adminis-
tration-building cafeteria of the Company, including the supervisor,
-constitute a unit appropriate for the purposes of collective bargaining.
At the hearing the representative of the Union contended that the
cafeteria employees should constitute a, part of the production and
maintenance employees unit_ at the Company's plant The, latter em-
ployees are coveted bi an exclusive contract, between the Union and the
I The Field` Examiner reported that the Union presented' an' authorization, petition° bear-
ing the apparently, genuine and , original signatures of four persons whose names appear on
the Company 's pay roll of May 1S 1942 Theie are nine employees in the unit hereinafter
found'to beappropriate
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company. The Company contends that the cafeteria employees should
not be merged with the production and maintenance employees but
should be set up as a separate unit. The only other controversy with
respect to the unit concerns the supervisor. The Union urges that she
be included in the unit and the Company that she be excluded.
-The cafeteria employees work in a building located about 250 feet
from the main plant where the production and maintenance employees
work. Their hours, wages, and working conditions differ from those
of the production and maintenance employees. Under the circum-
stances, we believe that the cafeteria employees should not be merged in
a single unit with the production and maintenance employees but
should be set up as a separate unit.
The supervisor of the cafeteria has the exclusive right to hire cafe-
teria employees and also is in sole charge of the purchasing of supplies
for the cafeteria. We shall exclude her from the unit.
We find that all employees in the administration-building cafeteria
of the Company, excluding the supervisor, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
- We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot among the
employees in 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. i .
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 Relations 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 to ascertain representa-
tives for the purposes of collective bargaining with Willys Overland
Motors, Inc, Toledo, Ohio, an election by seciet ballot shall-be con-
ducted as early as possible, but not later than this ty (30) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Eighth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV above, who were employed
during the pay-roll period immediately preceding the date of this
pirection, including any such employees who did not work during
WILLYS OVERLAND MOTORS, INC. 431
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 any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Interna-
tional Union, United Automobile, Aircraft &-Agricultural Implement
Workers of America, Local #12, affiliated with the-Congress of Indus-
trial Organizations, for the purposes of collective bargaining._
MR GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.