General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION, UNITED MOTORS SERV- ICE DIVISION, EMPLOYER and UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER Case No. 17-RC-392.-Decided July 15, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before William J. 'Scott, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Murdock]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations involved claim to represent employees of the Employer. 3. The question concerning representation : Local 554, General Drivers and Helpers, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, herein called the Intervenor, contends that a contract entered into between it and the Employer is a bar to the present proceeding. The Petitioner maintains that this contract has been opened by the contracting parties and is no longer a bar. The Employer takes a neutral position. The Employer entered into a collective bargaining contract dated March 18, 1948, with the Intervenor, covering the employees involved in the unit sought by the Petitioner. With regard to its duration the contract provides that it would remain in effect "without change until April 25, 1949." Then follows provisions for automatic renewal of the contract from year to year thereafter, unless notice to modify or terminate is given by either party 60 days before its anniversary date. 85 N. L. R. B., No. 43. 234 GENERAL MOTORS CORPORATION 235 The Intervenor, by letter to the Employer, dated February 25, 1949, requested a conference for the purpose of negotiating certain changes in the contract. There is no indication in the record as to exactly when the Employer received this letter. In any case, however, the letter was mailed 59 days prior to the -hill-B or operative date of the automatic renewal provision of the contract.' However, it is.clear that the Employer waived the 60 days' notice requirement in its letter of reply to the Intervenor, dated March 10, 1949. In that letter, the Employer acknowledged receipt of the Intervenor's letter, and pro- ceeded to suggest "March 29, 1949, as a possible date on which to open negotiations under the afore-mentioned Agreement." The Inter- venor accepted the March .29 meeting date by letter to the Employer dated March 17, 1949. Petitioner requested recognition of the Em- ployer by letter dated March 18, 1949. We find, therefore, that the March 1948 contract was terminated on April 25, 1949, the parties having effectively prevented the automatic renewal of the contract for another year.' We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All hourly rated employees in the parts department, electric motor department, and fuel pump rebuilding department at the Omaha, Nebraska, Branch of the United Motors Service Division of the Gen- eral Motors Corporation, including receivers, shippers, warranty claims checkers, exchange unit checkers, material handlers, janitors and firemen, winders, assemblers, inspectors, testers, cleaners, helpers, and mechanical employees, but excluding the manager, assistant man- ager, operating manager, warehouse parts manager, assistant ware- house parts manager, foremen, assistant foremen, service manager, assistant service manager, rebuilding manager, assistant rebuilding manager, all other supervisors as defined in the Act, salesmen, clerical employees, general office employees; technical school students, and also excluding all employees in other than 'the parts department, electric motor department, and fuel pump rebuilding department. ' See Matter of Little Rock Furniture Manufacturing Company, 80 N. L. R. B. 65, for discussion as to what constitutes the Mill-B date. 2 Matter of Wisconsin Telephone Company, 65 N. L. R. B. 368. We have previously held that the notice of a desire to modify or change effectively forestalled the automatic renewal of a contract, notwithstanding the fact that the desired changes were never actually negotiated. Matter of C & M Lumber Co., Inc., 83 N. L. R. B. 1258 ; Matter of Best Motor Lines, 80 N. L. R. B. 314. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed. during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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, and also excluding em- ployees on strike who are not entitled to reinstatement, to determine whether they desire to be represented, for purposes of collective bar- gaining, by United Automobile, Aircraft and Agricultural Imple- ment `Yorkers of America, CIO, or by International Brotherhood of Teamsters, Chauffeurs,. Warehousemen and Helpers of America, Local No. 554, AFL, or by neither.