Willys Overland Motors, Inc.

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, Jurisdiction 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.