Willys Overland Motors, Inc.

In the Matter of WILLYS OVERLAND MOTORS; INC. and THE' PATTERN MAKERS LEAGUE OF NORTH AMERICA Case No. B-1445 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 11, 1940 On October 4, 1939, the National Labor Relations Board, herein called? the Board; issued its Decision and Direction of Election;1 • and on December 15, 1939, an Amendment to Direction of Election,2 in the above-entitled proceedings. Pursuant to the amended Direction of Election an election by secret ballot was conducted on January 22, 1940, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On January 31, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Re- port containing a tally of the ballots. In his Report the Regional Director certified that the ballot was fairly and impartially con- ducted, that the ballots cast were duly and fairly counted under his supervision, and that statements to such effect had been filed with him by the tellers. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list-------------------------------------- 11 Total ballots cast------------------------------------------- 11 Votes cast for the Pattern Makers League of North America (A. F. L.)------------------------------------------------ 2 Votes cast for international Union, United Automobile Workers of America (C. I. 0.) ------------------------------------- 2 Votes cast for neither organization--------------------------- 0 Total blank ballots ----------------------------------------- 0 Total void ballots------------------------------------------- 0 Total ballots challenged------------------------------------- 7 115 N. L R B 864. 218 N. L. R. B. 324 21 N. L. R. B., No. 38. 459 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Regional Director further reported his rulings upon the chal- lenged ballots, which fell into three classifications : 1. Two ballots were challenged by The Pattern Makers League of North America, herein called the P. M. L., on the ground that the men casting these ballots were not pattern makers, but only helpers, and therefore not eligible to vote as pattern and model makers. The Regional Director sustained these challenges. 2. One ballot was challenged by International Union, United Automobile Workers of America (affiliated with the Congress of Industrial Organizations), Local No. 12, herein called the C. I. 0, U. A. W., on the ground that the seniority of • the man casting this ballot was carried in Department #370 rather than in the Research and Experimental Department. The Regional Director overruled this challenge. 3. Four ballots were challenged by the C. I. O.-U. A. W. on the ground that the men casting these ballots had been employed in violation of a certain contract between Willys Overland Motors, Inc., herein called the Company, and the C. I. O.-U. A. W. The Regional Director overruled these challenges. Consequently, adding the challenged votes which had been ruled eligible to those already counted, the Regional Director reported the balloting and its results as follows : Disposition of challenges Total all ballots Valid votes only Total on eligibility list-------------------------------------------- -------------- 11 ------------ Total ballots cast ----------------------------------------------- -------------- I1 ------------ Total ballots challenged ------------------------------------------- 7 ------------ ------------ (a) Challenged ballots determined eligible-------------------- 5 ---------- - ------------ (b), Challenged,.ballots ,determmed.not eligible ---------------- -------------- 02 ------------ Total blank ballots ----------------------------------------------- -------------- ------------ Total void ballots ------------------------------------------------- -------------- 0 ------------ Total valid votes cast--------------------------- --------------- 9 9 Votes cast for The Pattern Makers League of North America (A. F L.) ------------------------------------------------------ 7 Votes cast for International Union, United Automobile Workers of America (C. 1. C) -------------------------------------------- 2 Votes cast for neither organization -------------------------------- 0 No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. On January 31, 1940, how- ever, the C. I. O.-U. A. W. filed with the Regional Director a motion to reopen the record in order that it might introduce additional evi- dence in the form of the contract between the Company and the C. I. O.-U. A. W. We have hitherto held that persons presently employed, but alleged to have been hired by the employer in violation of a contract with the Union, may not thereby be barred from voting and we, therefore, deemed it unnecessary to resolve the contractual WILLYS OVERLAND MOTORS, INC. 461 dispute presented by this allegation .3 A contract between the Com- pany and the C. I. O.-U. A. W. offered for such purpose is thus irrelevant and we therefore deny the C. I. O.-U. A. W.'s motion to reopen the record for he purpose of introducing its contract. In the Decision and Direction of Election previously referred to, the Board stated that upon the results of the election would depend the appropriate unit, that "If the employees choose the P. M. L. they will constitute a separate and distinct appropriate unit." Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all the pattern and model makers in the research and experimental department of the Company's plant in Toledo, Ohio, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to the employees of the Company-the full'°benefit of,their'right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. SUPPLEMENTAL CONCLUSION OF LAW The employees engaged as pattern and model makers in the re- search and experimental department of 'the Company's plant in Toledo, Ohio, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor, Relations Board by Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449 and pursuant to Article III, Sections 8 and 9, of the National Labor Relations Board Rules and Regulations- Series 2, as amended IT IS HEREBY CERTIFIED that The Pattern Makers League of North America, affiliated with the American Federation of Labor, has been designated and selected by a majority of the pattern and model makers in the research and experimental department of the Toledo, Ohio, plant of Willys Overland Motors, Inc., as their representative for the purposes of collective bargaining, and that pursuant to See- tion'9 (a) of the Act, The Pattern Makers League of North America is the, exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. $Matter of Rock River Woolen Mills and Textile Workers Union of America, affiliated wroth Congress of Industrial Organizations , 18 N. L. R. B. 828.