Willys Overland Motors, Inc.

III the Matter Of WILLYS OVERLAND MOTORS, INC. and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFr & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 12 (UAW-CIO) Case No. 8-B-1372.-Decided March 10, 1944 Mr. James F. Holden, of Toledo, Ohio, for the Company. Messrs. David A. Guberm,an and Melvin M. Schultz, of Toledo, Ohio, for the CIO. Mr. William, Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America, Local 12 (UAW-CIO), herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Willys Overland Motors, Inc., Toledo, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Louis Plost, Trial Ex- aminer. Said hearing was held at Toledo, Ohio, on February 4, 1944. The Company and the Union appeared and participated.' All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence hearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the, Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company, a, Delaware corporation, has its offices and plant at Toledo, Ohio, where it is engaged in the manufacture of jeeps, shells, ' The Mechanics Educational Society of America, Local #4 (CUA), herein called MESA, was duly notified of this proceeding Its national representative appeared at the hearing and stated the MESA would not participate in any «ay in this proceeding, Thereafter the MESA sought from the Board extension of time to file briefs, which was granted 55 N. L. R. B., No. 70. 376 WILLYS OVERLAND MOTORS, INC. 377 aircraft and other war materials. During 1942 the Company re- ceived and used at its Toledo plant raw materials valued in excess of $80,000,000, of which more than 75 percent was shipped from points outside the State of Ohio, and manufactured finished products valued at more than $130,000,000, more than 90 percent of which was shipped to points outside that State. There has been no material change in the business of the Company since 1942. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TILE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local 12, affiliated with the Congress of Industrial Organizations, and Mechanics Educational Society of America, Local +4 (CUA), are labor organizations admitting to mem- bership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the CIO, as the ex- clusive bargaining representative of certain of the Company's em- ployees on the ground that the Board had previously certified the MESA, and the Company is party to an exclusive recognition, closed- shop contract with MESA covering apparently the same employees. The MESA was certified by the Board in January 1939 as exclusive representative of some of the employees of the Company in the cate- gories sought to be included in the unit by the CIO.2 The contract between the Company and the MESA, executed on February 8, 1943, provides that it is to continue in effect indefinitely until thirty (30) days' notice of desired modification or termination is given by either party on and after 11 months from the effective date of the agreement. The CIO's demands upon the Company were made on November 19; 1943. The certification of MESA, issued more than 5 years ago, clearly constitutes no bar to this proceeding. The contract between the parties, being of indefinite duration and providing for termination upon 30 days' notice, is likewise no bar. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the CIO represents a substantial number of employees in the unit hereinafter found to be appropriate.3 2 Matter of IPallys Overland Motors, Inc, 10 N. L. R. B 160. 3 The Field Examiner reported that the CIO submitted 170 authorization cards, that the names of 112 persons appearing on the cards were listed on the Company's pay roll, which contained the names of 784 employees in the appropriate unit In view of the fact that the MESA contract provides for a closed shop, this showing is sufficient. 378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 We find, in substantial agreement with a stipulation of the Com- pany and the CIO, that all maintenance mechanics, maintenance ma- chinists, tool and die makers, tool grinders, and tool inspectors, em- ployed by the Company at its Toledo, Ohio, plant, excluding all super- visory 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 within the meaning of Section 9 (b) of the Act.' V. THE DETERMINATION OF REPRESENTATIVES We shall direct, that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. 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 3, 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 secret ballot shall be con- ducted 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 Eighth Region, acting in this matter as The unit covered by the contract between the Company and MESA is phrased as fol- lows "all maintenance mechanics, maintenance machinists, tool and die makers, tool grinders, and tool inspectors, including all such in Departments 110, 364, 365, 367, 368 370, 601, 692, 693, 695, 750, 751, and 752." Although the Company and the CIO described the unit in other tei ins in their stipulation, it appears that they intended to cover the same unit which has been represented by MESA under the contract It further appears that theie ate now additional departments containing these categories of employees Our find- ing as to the unit is intended to include the same categories as have been covered by the contract, which apparently was intended to include all employees employed by the Company in the described categoues 51n view of the prior bargaining history of MESA at this plant, we shall accord it a place on the ballot. WILLYS OVERLAND MOTORS, INC. 379 agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees 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 employees who did not work during the 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Work- ers of America, Local 12, affiliated with the Congress of Industrial Organizations or by the Mechanics Educational Society of America, Local #4, (CUA) for the purposes of collective bargaining, or by neither. 0