Hudson Motor Car Co.

In the Matter of HUDSON MOTOR CAR COMPANY and LOCAL 889, INDUS- TRIAL OFFICE WORKERS UNION, INTFRNATIONAL UNION, UNITED AUTO- MOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO) Case No. 7-R-16 .-Decided 1lIa.ch 1J, 1944 Beaumont. Smith cC Haryie, by Lllr. Percy J. Donovan, of Detroit, Mich., for the Company. Maurice Sugar and Jack N. Tucker, by Mr. Jack N. Tucker, of Detroit, Mich., for the Union. Mire 11felve^n R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATDN ENT OF THE CASK' Upon petition duly filed by Local 889, Industrial Office Workers Union, Interliational Union, Umted Automobile , Aircraft and Agri- cultural Implement Workers of America (UAW-CIO), herein called the Union , alleging that a question affecting commerce had arisen concerning the representation of employees of Hudson Motor Car Company , Detroit, Michigan , herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert J. Wienci , Trial Examiner. Said hearing was held at Detroit , Michigan, on January 27, 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 bearing on the issues . The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All partied were afforded an opportunity to file briefs with the Board. Upon the entire record in the case , the Board makes the following: FINUINOS OF FACT 1. THE BUSINESS OF TIIE COMPANY Hudson Motor Car Company, a Michigan corporation, is engaged m the manufacture of war materials and equipment for the United 55 N. L. R. B., No. 94. 509 510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD States Government. The Company owns and operates three manu- facturing and assembly plants located in Detroit, Michigan, known as the Jefferson, Charlevoix, and Gratiot plants, which are the only plants involved herein. Approximately 50 percent of the raw ma- terials and finished and partially finished materials used by the Com- pany at said plants is shipped to the plants from points outside the State of Michigan, and in excess of 90 percent in value of the finished and partially finished products of the Company is shipped to points outside the State of Michigan. We find that the Company is en- gaged in commerce within the meaning of the National Labor Re- lations Act. IT. THE ORG ANIZATION INVOLVED Local 889, Industrial Office Workers Union, International Union. United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations. is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union has requested recognition from the Company as exclusive bargaining agent for certain of the Company's office and clerical employees. The request has not been granted by the Company. A statement of the Acting Regional Director, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate., 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 parties are in general agreement that all office and clerical em- ployees of the Company in the Jefferson, Charlevoix, and Gratiot plants, excluding war contract analysts and corporate tax clerks (Ac- counting Division), time-study engineers and assistant supervisors (Planning Division), all employees in the personnel and war contracts divisions, all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, and all supervisors' 1 The Acting Regional Director repot ted that the Union submitted 432 cards, all of which bore apparently genuine original signatures, that the names of 297 persons appealing on the cards were listed on the Company's pay roll of December 6, 1143, which contained the names of 822 employees in the appiopuate unit; and that 400 cards weie dated between March and No%ember 1143, and 32 were undated HUDSON MOTOR CAR COMPANY 511 secretaries, constitute an appropriate unit. A dispute arises, how- ever, with respect to certain classifications. The Union desires their inclusion, whereas the Company desires their exclusion on the ground that the employees in these classifications are confidential employees. Comptometer operators: Among the 33 colnptometer operators em- ployed by the Company, there are 6 who do work for the general ac- counting department and at times do some work for the salary pay-roll department on tax returns of the Company, or on figures which are eventually combined into reports of earnings for the New York Stock Exchange and the Securities Exchange Commission. The Company requests the exclusion from the unit of only these 6 employees. Salary pay-roll clerks: These clerks engage in duties normally as- sociated with such employees, and as a result have knowledge of the salaries of certain salaried employees and also persons on the "special salary" pay roll. Labor auditors: There are two employees in this classification, which was formerly designated as `-spot checkers." They check the production employees in order to determine whether they are actually on the Company's pay roll; whether or not those whose cards are punched in are actually at their work; and whether their job classi- fications correspond with their actual duties. General audit employees : They audit the books of other companies from which the Company receives raw materials or fabricated parts on a cost-plus basis; the year-end bonus paid to production employees, and engage in studies relating to the allocation of costs. Buyers' secretaries: These employees, of whom there are 21, engage in secretarial duties clearly of a clerical nature; in addition, they do a considerable amount of telephoning for the buyers. Stenographers and typists (Master MlMechanic's Division) : The Ma- ter Mechanic's Division plans the Company's mechanical processes of production, does all cost estimating of labor, and among other things devises methods for cutting costs. The 12 stenographers and typists employed in this division do clerical work from pencilled copies of processes laid out by the process men. Although it appears that the work of the employees hereinabove discussed has its confidential aspects, it is not concerned with labor relations. The possession of information which the Company re- gards as secret, however, is not of itself sufficient to justify depriving these employees of the right to collective bargaining.2 We shall, in accordance with our usual practice, include these employees within the unit. Telephone and telegraph operators: These employees engage in du- ties normally associated with their respective classifications. The 2 see Matter of The Babcock & Wilcox Co, 52 N L It. B 900 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company contends that they should be excluded because they may ac- quire, either by inadvertence or design , knowledge respecting the Com- pany's confidential labor affairs. While it is of course possible that the- operators may obtain such knowledge, we do not regard the possibil- ity as requiring their exclusion from the unit. It is plain that in the elormal course of their duties they do not obtain such information. We shall therefore include them. The Company also desires the ex- clusion of one of the operators, Beatrice Turner, on the further ground that she is a supervisory employee. Although she is classified as an assistant supervisor. the record discloses that she is the only telephone operator employed by the Company in the Gratiot plant, and has nos employees working under her direction or supervision. We find that .,he is not a supervisory employee, and we shall include her within the unit. Buyers: 'these employees, of whom there are 21, purchase all mate- rials required by the Company. Although these employees do not fall within our definition of confidential employees, the ground on which the Company desires their exclusion from the unit, it appears that their duties are closely allied to management, differing materially from those of the other clerical employees. We shall, therefore, ex- clude them from the unit. Leaders (Plannin-,, Divi.^kon) : This,division sets up special produc- tion schedules for the manufacturing division, which work the Com- pany contends is of a confidential nature. In addition to the Com- pany's contention that leaders are confidential employees, it maintains that they are supervisory employees. They have groups of from 3 to j O employees under their direction. They issue work assig lments, and frequently make recommendations With respect to changes in the status of employees with whom they work. The record indicates that there is no important difference between the leaders and the assistant supervisors whom the parties have agreed to exclude from the unit. We find that the leaders are supervisory employees, and we shall, ac- tordingly, exclude them from the unit. We find that all office and clerical employees of the Company in the Jefferson, Charlevoix. and Gratiot plants, including comptometer operators, salary pay-roll clerks, labor auditors, general audit em- ployees, buyers' secretaries, stenographers and typists (Master Me- chanic's Div;gion), telephone and telegraph operators, but excluding war contract analysts and corporate tax clerks (Accounting Division), time-study engineers and assistant supervisors (Planning Division), buyers, all employees in the War Contracts and Personnel Divislon,3 supervisors' secretaries, leaders, and all other supervisory employees 3 The parties a,e in agreement , and we find . that all employees represented by other loealq of the UAW-CIO and coveted by contiacta between the Company and such locals ate ex- cluded from the unit here,h ahove found appropriate HUDSON MOTOR CAR COMPANY 513 with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action '4 constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE i)E'IEll-MI NATION 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 purpoue^ of collective bargaining with Hudson Motor Car Company, Detroit, Michigan, an election by secret ballot shall be conducted as early as'possibie, 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, 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 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 or not they desire to be represented by Local 889, Industrial Office Workers Union, International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica (UAW-CIO) for the purposes of collective bargaining. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election. *The pasties ag*ee and tie find, that William Baske J Bretz, J D Shanahan, Kathryn Cullen, and Charlotte Gleason, should be excluded from the unit as falling within the cate- gory- of supervisory employees 5 5 81 2 9-4 4-col 55--34