General Motors Corp.

In the Matter of FRIGIDAIRE DIVISION OF GENERAL MOTORS CORP. and METAL FINISHERS LOCAL LODGE #336, INTERNATIONAL ASSOCIATION OF MACHINISTS (A. F. L.) Case No. R-1631.-Decided January 07, 19.40 Refrigerator Manufacturing Industry-Investigation of Representatives: question concerning representation : Company declined to sign agreement pro- posed by petitioner-Unit Appropriate for Collective Bargaining: metal finishers in Plant 2, excluding metal finish grinders ; no claim or showing by rival union of a majority or any approximation to a majority in an employer-wide unit; contrary true of petitioning union in smaller unit ; smaller unit found in order to render collective bargaining immediately possible and in recognition of employees' right of self-organization; determination subject to revision with changes in state of organization of employees concerned ; metal finishers doing different work in Plant 1, 7 miles away, not organized by petitioning union, excluded ; metal finish grinders doing different work, barred from mein- bership of petitioning union by agreement of its parent, excluded-Election Ordered: ballot, name of rival union asking for larger unit than found may withdraw its name from, if request made within 5 days from receipt of Direction of Election. Mr. Oscar Grossman, for the Board. Mr. Bruce G. Booth, of Detroit, Mich., for the Company. Mr. H. T. Hamilton and Mr. John R. Loudon, of Dayton, Ohio, for the Metal Finishers. Mr. Ernest De Maio, of Dayton, Ohio, for the United. Mr. Floyd Gebhart, of Miamisburg, Ohio, for the D. I. U. Mr. Bertram Diamond, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 5, 1939, Metal Finishers Local Lodge #336, International Association of Machinists (A. F. L.), herein called the Metal Finish- ers, filed with the Regional Director for the Ninth Region (Cincin- nati, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Frigidaire 19 N. L. R. B., No. 95. 957 958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Division of General Motors Corporation,' Dayton, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 4, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations (Board. Rules and Regulations= Series 2, ordered an investigation and authorized the Regional Direc- tor to provide for an appropriate hearing upon due notice. On November 6, 1939, the Regional Director issued a notice of hearing, copies of which were duly served .upon the Company, General Motors Corporation, the Metal Finishers, International As- sociation of Machinists, United Electrical, Radio, and Machine Workers of America, herein called the United, a labor organization claiming to represent employees directly affected by the investigation, and Frigidaire Employees Association. Pursuant to the notice, a hearing was held on November 16, 17, 18, and 21, 1939, at Dayton, Ohio, before Earl S. Bellman, the Trial Examiner duly designated by the Board. At the hearing the Dayton Independent Union, herein called the D. I. U., a labor organization claiming to represent em- ployees directly affected by the investigation, filed a motion to inter- vene which was granted by the Trial Examiner. The ruling is hereby affirmed. The Board, the Company, the Metal Finishers, the United,-and the D. I. U. were represented by counsel or official repre- sentatives and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. was afforded all parties. During the course of the hearing the Trial Examiner made several.rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS of FACT 1. THE BUSINESS OF THE COMPANY General Motors Corporation, a Delaware corporation, through- its Frigidaire Division, the plants and place of business of which are lo:, . cated at Dayton, Ohio, engages in the manufacture of refrigerators, air-conditioning units, electric ranges, and electric,hot water heaters.- During-the first 9 months of 1939, purchases by the Company of raw I Incorrectly designated as Frigidaire Corporation in papers antedating the hearing. This was corrected by motion at the bearing. GENERAL MOTORS CORPORATION 959 materials and supplies were in excess of $10,000,000. About 57 per cent of this total was expended upon products coming from outside the State of Ohio. All of the products of the Company are sold at Dayton, Ohio, to Frigidaire Division of General Motors Sales Corpora- tion, a Delaware subsidiary of General Motors Corporation. The gross sales of Frigidaire Division of General Motors Sales Corpora- tion for the first 9 months of 193'9 were in excess of $25,000,000. About 90 per cent of this total represents products sold and shipped to pur- chasers or distributors outside the State of Ohio. All of the adver- tising of the Company is placed by a national advertising agency. H. THE ORGANIZATIONS ' INVOLVED Metal Finishers Local Lodge #336, International Association of Machinists, is a labor organization affiliated with the American Fed- eration of Labor. It admits to membership metal finishers of the Company. General Motors Local 801 of the United Electrical, Radio, and Ma- chine Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership all employees of the Company, excluding those having power to hire or fire, and clerks and office workers. Dayton Independent Union is an unaffiliated labor organization. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION About the end of June 1939, representatives of the Metal Finishers presented to the Company a proposed memorandum of agreement cov- ering working conditions. One Godfrey, works manager of the Com- pany, and Mason M. Roberts, superintendent of one of the two plants of the Company, with whom the Metal Finishers had been dealing, declined to sign this proposed agreement. We find that a question has arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. 960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROPRIATE UNIT The Metal Finishers, the petitioning labor organization, requests that we designate as the appropriate unit the metal finishers of the Company employed in the plant known as Plant 2, excluding metal finish grinders. The D. I. U.. agrees and the United apparently dis- agrees with this contention. The Company has taken no position with respect to the appropriate unit. The Company has two plants, known respectively as Plant 1 and Plant 2, about 7 miles apart. Each plant is engaged in manufacturing. :Same products require fabrication at both plants. The Company employs about 1,100 production employees at Plant 1 and about 3,500 production employees at Plant 2. Plant 1 has five metal finishers. Plant 2 has 275 metal finishers. Although the record is not entirely clear, it appears that the metal finishers at each plant are not engaged in the same activities. To date, the membership of the Metal Finishers has been confined to the metal finishers at Plant 2. The 275 metal finishers at Plant 2 are distinguished by the Company as follows : 236 first-class metal finishers, 28 second-class metal finishers, and 11 second or third-class metal finishers known as metal finish grinders. The first-class employees are more skilled and are paid at a higher rate. The second-class metal finishers and the metal finish grinders are generally paid at the same rate. They engage in some- what different operations and the second-class metal finishers are pre- ferred over metal finish grinders for promotion to the position of first- class metal finisher. By agreement between the parent organization of the Metal Finishets and the, Metal Polishers, Buffers, Platers;, and Helpers International Union, metal finish grinders are excluded from the jurisdiction of the Metal Finishers, and accordingly the Metal Finishers does not admit these metal finish grinders into its member- ship. There is no labor organization which has an exclusive recognition contract with the Company covering its employees. The Company has dealt with the Metal Finishers, the United, and other organizations with respect to grievances and other working conditions for their respective members. While for the past year and a half the United has been conducting ,an organizing drive on a company-wide basis, at the hearing it made no claim, nor did it produce any evidence to show, that it repre- sented or was close to representing a majority of the eligible em- ployees in both plants. The Metal Finishers does claim a majority of, the metal finishers and has produced a petition signed by 191 metal finishers in support thereof. Thus even though the metal finishers at Plant 2, excluding metal finish grinders, may not con- stitute the most effective bargaining unit, nevertheless, they, by GENERAL MiOTORS CORPORATION 961 right of self-organization, have set up their *own local, and unless they are recognized as a separate unit, there may be no collective bargaining agent whatsoever for these workers in the immediate future. Pursuant to the policy of the Act, we shall render collective bargaining an immediate possibility 2 by designating as appropriate the unit desired by the Metal Finishers and the D. I. U. Such a determination is subject to revision in accordance with changes in- the state of self-organization of the employees concerned.3 We find that the metal finishers in Plant 2, excluding metal finish, grinders, constitute a unit appropriate for the purposes of collective- bargaining and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization, and to col- lective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES Although it appears that employees in the appropriate unit have designated the Metal Finishers, the United, and the D. I. U., re- spectively, the present record does not enable us to determine which labor organization, if any, has been selected by a majority. Ac- cordingly, an election will be directed to resolve the question concerning representation. Since the United apparently contests the appropriateness of the unit found, it may not wish to participate in the election. Upon request, its name will be withdrawn from the ballot. It is hereby granted 5 clays from receipt of the Direction of Election in which to submit such request to the Regional Director. We shall direct that all employees within the appropriate unit who were employed by the Company during the pay-roll period im- mediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill, or on vacation, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, shall be eligible to participate in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: 2 Matter of Gulf Oil Corporation and International Brotherhood of Boilermakers, Iron Shipbuilders, Welders & Helpers of America , 4 N. L. R. B. 133; Matter of The Douglas Air- craft Co., Inc., The Douglas Aircraft Co., Inc., El Segundo Division and United Aircraft Welders of America (Independent ), 16 N. L. R. B. 93; Matter of Gulf Oil Corporation and Gulf Employees of New England, etc., 19 N. L. R. B. 334. 3 Matter of Ryan Aeronautical Co. and United Aircraft Welders of America, Ind., 15 N. L. R. B. 812. 962 DECISIONS - OF NATIONAL LABOR -RELATIONS BOARD CONCLUSIONS OF LAW -1. A question affecting.commerce has arisen concerning the repre- sentation of employees of the Company within the meaning 9f Sec- tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The metal finishers in Plant 2, excluding metal finish grinders, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for purposes of collective bargaining with Frigidaire Division of General Motors Corp., 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 of Election, under the direc- tion and supervision of the Regional Director for the Ninth Region, acting in this matter as agent for the National Labor Relations Board, subject to Article III, Section 9, of said Rules and Regula- tions, among the metal finishers in Plant 2, excluding metal finish grinders, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Metal Finishers Local Lodge #336, International Association of Machinists (A. F. L.), or Dayton Independent Union, or General Motors Local 801, United Electrical, Radio, and Machine Workers of America (C. I. 0.), for the purposes of collective bar- gaining, or by none of said organizations.