Ford Motor Co.

In the Matter of FORD MOTOR COMPANY ( LINCOLN PLANT) and UNITED PROTECTIVE WORKERS OF AMERICA Case No. R-5141.-Decided May 5,1943 Messrs. I. A. Capizzi and Henry G. O'Donnell, both of Detroit, Mich., for the Company. Mr. Frank N. McLean, of Detroit, Mich., for the United. Mr. Herbert E. Munro, of Detroit, Mich., for the Association. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Protective Workers of America, herein called the United, alleging that a question affecting commerce had arisen concerning the representation of employees of Ford Motor Company (Lincoln Plant), Dearborn, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Frederick P. Matt, Trial Examiner. Said hearing was held at Detroit, Michigan, on April 8, 1943. The Company, the United, and Plant Protection Association, herein called the Association, appeared, participated, and were afforded full opportunity' to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the commencement of the hearing, the Company filed a written motion to dismiss the petition on the grounds that (1) the subject matter is not within the jurisdiction of the National Labor Relations Board, (2) United Protective Workers of America is not a representative of employees within the meaning of the National Labor Relations Act, (3) the bargaining unit alleged in the peti- tion for investigation and certification of representatives filed in the above-entitled proceeding is not an appropriate unit for the purposes of collective bargaining within the meaning and scope of the Act, and (4) the persons referred to in said petition for investigation and 'certification of representatives are persons acting 49 N. L. R. B., No. 67. 492 FORD MOTOR COMPANY 493 in the interests of the Ford Motor Company and are not employees within the meaning of the Act. The Trial Examiner reserved ruling on the motion for the Board. For reasons appearing below, the motion is hereby denied., The Trial Examiner's rulings made at the hearing are free from prejudicial error ;and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Ford Motor Company is a Delaware corporation having its principal executive offices at Dearborn, Michigan. Until February 1942 it was principally engaged in the manufacture, assembly, sale, and distribu- tion of automobiles and automobile trucks, and various types of auto- mobile parts and accessories. The Company owns, operates, and maintains assembly plants in many States. The plant involved in this proceeding is the Lincoln Plant, located in Detroit, Michigan. Since February 1942 the Company has been and is now engaged at all its plants in Detroit, Highland Park, and Dearborn, Michigan, and in its new plant known as the Willow Run Bomber plant situated near the city of Ypsilanti, Michigan, principally in the manufacture and/or assembly of ordnance and other materials for the armed services of the United States. Not less than 10 percent and varying to as high as 80 percent in value of the productive material, including fabricated and partially fabricated articles used in the manufacturing or assembling of articles at the above-mentioned plants, the total value of which exceed $1,000,000 monthly, is shipped to the said plants from points outside the State of Michigan. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Protective Workers of America, and Plant Protection Associ- ation are labor organizations, each admitting to membership employees of the Company. i The motion to dismiss is predicated on substantially the same grounds as similar mo- tions filed by the Company in Matter of Ford Motor Company and United Protective Workers, Local 1, 45 N L. R B, 70; Ford Motor Company, Highland Park Plant and United Protective Workers of America, Local No 1, 47 N. L R. B, 209; Ford Motor, Willow Run Bomber Plant and United Plant 11uotection/and Firemen's Union of America, 48 N L. R B , 413 The denial of the motion herein is based upon grounds previously set forth in the above-mentioned eases 494 D'EICISIONS OF NATIONAL LABOR RELATI-ONES BOARD III. THE QUESTION CONCERNING'REPRESENTATION ,0n March 19, 1943, the United addressed a communication to the Company requesting recognition as the exclusive bargaining repre- sentative of the plant-protection employees and firemen. The Com- pany made no reply to this request. On April 5, 1943, in a telephonic communication, the Association requested the Company to recognize it as the exclusive bargaining representative of the plant-protection employees and the firemen. The Company advised the Association that it was not in i position to do anything with regard to the recogni- tion of a bargaining representative for these employees in view of the pendency of the instant proceeding. - Statements of the Regional Director, introduced into evidence at the hearing, indicate that the United and the Association each repre- sents a substantial number of the employees in the unit hereinafter -found to be appropriate1.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section.9 (c) and Section 2 ( 6) and (7) of the Act. IV. THE APPROPRIATE UNIT The United and the Association have agreed that all• plant-protec- tion employees of the Lincoln Plant, including firemen but excluding sweepers, clerical and supervisory employees, constitute an appropriate unit. The Company does not object to the composition of the unit agreed upon by-the unions, but contends that it is'inappropriate because plant-protection employees are not "employees" within the meaning of the Act, in view of their duties and since they are auxiliaries to the military police. The duties of the Company's plant-protection employees and firemen at the Lincoln Plant are similar to those of employees engaged at like duties in its other plants. We have heretofore found in proceedings involving other plants of the Company, that plant guards and firemen hired and paid by the employer, are employees within the meaning of the Act and may designate a representative for the purposes of collec- tive bargaining, even though some are auxiliaries of the military police. or subject to its. regulations.3 'Accordingly, this contention of the, Company is rejected. 2 The Regional Director reported that the United submitted 63 authorization cards con- raining apparently genuine original signatures, of which 54 bore names appeasing upon the Company's pay roll of April 5, 1943. This pay roll contained 116 names of employees in the appropriate unit The 54 cards all bore dates between January and March 1943. The Regional Director further reported that the Association submitted 79 application cards containing apparently genuine original signatures , of which 76 bore names appearing upon the above-mentioned pay roll . The 76 cards all bore March and April 1943 dates. 3 See footnote 1, supra ' FORD MOTOR COMPANY 495 There is dispute, however, with regard to the inclusion of leaders and assistant leaders in the plant-protection department and the cap- tains and lieutenants in the fire department.4 The United contends that they should be excluded. because of the supervisory authority which they exercise ; the Association contends that they properly fall within the unit because of the nature of their work; the Company takes no position with regard to these employees. The record discloses that plant-protection leaders sometime have a regular beat assigned to them, and, on occasions, they act in a relief capacity for other plant-protec- tion employees. Although they do not have the right to hire and discharge, they do transmit instructions and orders from admittedly supervisory employees to the regular plant-protection employees and the Company expects these regular employees to carry out such orders and instructions. Although the leaders and assistant leaders are not specifically instructed to recommend discipline, the Company stated that these person's have a higher duty to it than the regular plant- protection employees with regard to the reporting of irregularities. Each of the plant-protection leaders is called upon from time to time to work on Sundays, at which time he is acting in all respects as an admittedly supervisory employee. The duties of the captains and lieutenants in the fire department are similar to those of the plant- protection leaders and assistant leaders. On the first and third shifts in the fire department a captain and a lieutenant are in immediate charge of the fire department employees on those shifts under the plant- protection foreman. Leaders, assistant leaders, captains, and lieu- tenants are usually employees of long standing with the Company, and are paid at a higher rate than the ordinary employees working in these departments. We find that these employees have substantial supervisory duties. We shall therefore exclude them from the unit. In accordance with the above we find that all plant-protection em- ployees of the Company at its Lincoln Plant, including firemen, but excluding sweepers, clerical and supervisory employees, leaders, cap- -tains, assistant leaders, and lieutenants, 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 shall, in accordance with our usual procedure, direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit. The United contends that eligibility to vote in the election 4 Captains and lieutenants in the fire department correspond to leaders and assistant leaders in the plant-protection department 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD should be determined as of March 24, 1943, the date of the filing of the petition herein, basing, its contention upon the possibility that the Company might transfer plant-protection and fire department em- ployees to and from the other plants which it owns, and thus affect the election which may be ordered. The Company disclaimed any such intention, and there is no showing that it proposes to effect such transfers. In accordance with our usual practice, we shall direct that the election be held among the employees who were employed during the pay-roll period immediately preceding the date of the Direction of Election, subject to the limitations and additions set forth therein.' 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 9, of National Labor Rela- tions 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 Ford Motor Company (Lincoln Plant) Dearborn, Michigan, 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 for the Seventh Region, acting. in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person ,at the polls, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by United Protective Workers of America, Local No. 4, or by Plant Protection Association, Lincoln Unit,,for the purposes of collective bargaining, or by neither. MR. GERARD D.- REILLY ' took no part in the consideration of the above Decision and Direction of Election. e The United requested that it be listed on the iballot as `United Protective Workers of America, Local ,No. 4; the Association made a request to be listed on the ballot as Plant Protection Association, Lincoln Unit . Both requests are hereby granted.