General Motors Corp.

In the Matter of HYATT BEARINGS DIVISION GENERAL MOTORS COR- PORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORK- ERS OF AMERICA, C. I. O. Case No. R-1777.-Decided April 23, 1940 Roller Bearings Manufacturing Industry-Investigation, of Representatives: controversy concerning representation of employees : employer unwilling to bargain with union until question concerning representation determined by the Board ; stipulated that question concerning representation has arisen- Unit Appropriate foi Collective Bargaining: all hourly paid employees ex- cluding student employees ; prior decision involving hourly paid employees of the Company wherein student employees were included in appropriate unit, overruled ; reversal made in light of stipulation involving other plants of General Motors Corporation excluding student employees from the appropriate unit-Election Ordered-Certification of Representatives. Mr. D. M. Dimick, for the Board. John Thomas Smith, by Mr. George D. Brooks and Mr. C. G. Smith, of New York City, for the Company. Liebman, Robbins, Pressman & Leider, by Mr. Harold I. Cammer, of New York City, for the U. A. W. Mr. Daniel Clydesdale, of Newark, N. J., for the I. A. M. Mr. Theodore W. Kheel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 26, 1940, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Or- ganizations, herein called the U. A. W., filed with the Regional Di- rector for the Second Region (New York City), a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of the Hyatt Bearings Division of General Motors Corporation, Harrison, New Jersey, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 5, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to 23 N. L. R. B., No. 10. 92 HYATT BEARINGS DIVISION, GENERAL MOTORS CORP. 93 Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 13, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the U. A. W., upon International Association of Machinists, affiliated with the American Federation of Labor, herein called the I. A. M., and upon Hyatt Employees Association, Inc., herein called the Association, labor organizations claiming or having claimed to represent employees directly affected by the investigation. Pursuant to the notice, a hear- ing was held on March 25, 1940, at New York City, before Joseph L. Maguire, the Trial Examiner duly designated by the Board. The Board, the Company, the U. A. W., the I. A. M., and the Association were represented by counsel or other official representatives and par- ticipated 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 com- mitted. The rulings are hereby affirmed. On April 11, 1940, a hear- ing for the purpose of oral argument was held before the Board in Washington, D. C. The Company and the U. A. W. were represented by counsel and participated in this hearing. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Hyatt Bearings Division is an unincorporated division of General Motors Corporation, a Delaware corporation, with principal offices and places of business in New York City and Detroit, Michigan. Hyatt Bearings Division is located at Harrison, New Jersey. It is engaged in the manufacture and processing of roller bearings and similar products. During the year 1939, raw materials valued in ex- cess of $1,500,000, which constituted approximately 94 per cent of all raw materials used at the plant, were shipped to the Hyatt Bearings Division from places located outside the State of New Jersey. Dur- ing the same period of time, the Hyatt Bearings Division shipped finished products amounting in value to over $8,000,000, which con- 'The Association appeared by its president, Harry McLeod , for the limited purpose of announcing that its members had elected to disband the Association and desired no further part in these proceedings 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stituted 99.4 per cent of the gross volume of sales of products manu- factured or processed at the plant, to places outside the State of New Jersey. II. TIIE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership all hourly paid employees of the Company.2 International Association of Machinists, Lodges 340 and 304,3 are labor organizations affiliated with the American Federation of Labor, admitting to membership all hourly paid employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In a prior proceeding involving the employees of the Company, the Board, upon the petition of the Association for an investigation and certification of representatives, directed an election among the hourly paid employees of the Company to determine whether they desired representation by the Association, the I. A. M., or neither.4 In this election, held on August 29, 1939, 539 ballots were cast for the Associ- ation and 501 for the I. A. M. Since, however, 1,164 eligible employees voted in the election, neither organization secured a majority and, in accordance with the policy then followed, the Board directed a run-off election to determine whether or not the employees desired to be repre- sented by the Association. Before the direction of this run-off election, the U. A. W. petitioned the Board for a place on the ballot, claiming that it had instituted an organizational drive after the original direc- tion of an election and believed that it then represented a majority of the employees.5 The Board denied this petition. At a later date, but before the conduct of the run-off election, the U. A. W. filed with the Board a petition to reopen the proceedings, alleging that it had enrolled a substantial number of employees as members and would be designated by a majority in an election. Again the Board denied the petition of the U. A. W.e The run-off election was held on January 25, 1940. In this election, a greater number of employees voted against than in favor of the 2 Employees of the Company are admitted to membership In Local No. 511 of the International Union, United Automobile Workers of America 8 During the hearing the attorney for the I A M. announced that this organization did not desire a place on the ballot "In view of the apparent prima facie evidence pro- duced at this hearing, showing a preponderant membership of the employees of the Hyatt Roller Bearings Division of General Motors" in the U. A. W. 4 Matter of Hyatt Bearings Division, General Motors Corporation and Hyatt Employees Association, Inc . 14 N. L. R. B. 441. 517N L.R B 466. 0 19 N. L R. B 304. HYATT BEARINGS DIVISION, GENERAL MOTORS CORP. 95 Association and on February 27, 1940, the Board dismissed the petition of the Association .7 On the day after the conduct of the run-off elec- tion, the U. A. W. filed its petition in the instant proceeding. On January 30, 1940, the U. A. W. wrote the Company asking recognition for the members of its organization. The Company declined, indi- cating that it could not undertake bargaining negotiations until the question concerning representation had been finally determined by the Board. It was stipulated during the hearing that the U. A. W. had obtained authorization cards from 700 of approximately 1,100 employees in the appropriate unit and, recognizing the "preponderant" membership of employees in the U. A. W., the I. A. M. withdrew in its favor. The parties also stipulated and we find that a question concerning repre- sentation of the hourly paid employees of the Company has arisen. 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. V. THE APPROPRIATE UNIT In a previous decision involving the employees of the Company, we found that the hourly paid employees, including apprentices, consti- tute an appropriate unit.8 In those proceedings and again herein the Company argued that the apprentices should be excluded from the appropriate unit. Concerning the apprentices we stated in our pre- vious decision as follows : These apprentices are employed under the following circum- stances. As openings become available, the Company selects boys whose average age is from 18 to 20, to enroll in its training school. By contract with their parents, the boys undertake to work for 7,200 hours over a period of 3 calendar years. A section of the plant is set aside for their class rooms and machine shop. They have special instructors under whom they work in the regular production departments of the Company. Such work occupies about $ of their time. In addition, they are taught mathematics, 7 20 N. L. R. B 940 "Matter of Hyatt Bearings Division, General Motors Corporation and Hyatt Employees Association, Inc., 14 N. L. R. B. 441. 96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD junior engineering, and allied subjects . A formal graduation follows the completion of the course at which time the apprentices are awarded $150. If they so desire, they may continue with the Company. Approximately 57 per cent do continue as employees. In Matter of General Motors Corporation and International Union, U. A. W. A., affiliated with the A. F. L. et al.,9 proceedings involving other divisions of the General Motors Corporation , the U. A. W. and other labor organizations stipulated with the Company that "inden- tured apprentices" should be excluded from the appropriate unit. Since apprentices are excluded in other plants of the General Motors Corporation , we believe , in the interest of orderly collective bargain- ing, that they should also be excluded from the bargaining unit herein 10 We find that all hourly paid employees of the Company , excluding apprentices, constitute a unit appropriate for the purposes of collec- tive bargaining and that said unit will insure to 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. VI. THE DETERMINATION OF REPRESENTATIVES As noted above, the I. A. M. does not desire a place on the ballot and the Association has been disbanded. We shall, therefore, direct an election among the employees of the Company to determine whether or not they desire to be represented by the U. A. W. The employees of the Company within the appropriate unit who are on the Company's pay roll immediately preceding the date of our Direc- tion of Election herein, excluding those who have since quit or been discharged for cause, but including those who are sick, on vacation, or temporarily laid off, shall be eligible to vote in this election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the Hyatt Bearings Division, General Motors Corporation, Harrison, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The hourly paid employees of the Company, excluding appren- tices, constitute a unit appropriate for the purposes of collective 020 N. L R B. 950. 10 The U. A. W. has asserted that it intends to bargain with the General Motors Corpo• ration, if it is successful , on behalf of a combined unit of the Hyatt Bearings Division and such other plants of the General Motors Corporation wherein it is selected as bargain- tug representative HYATT BEARINGS DIVISION, GENERAL MOTORS CORP. 97 bargaining 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 Rela- tions Act, 49 Stat. 449, 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 a part of the investigation ordered by the Board ,to ascertain representatives for the purpose of collective bargaining with Hyatt Bearings Division, General Motors Corporation, Harri- son, New Jersey, an election by secret ballot shall be conducted as soon as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as the agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the hourly paid employees of the Company, excluding apprentices, whose names ap- pear on the Company's pay roll immediately preceding this Direction of Election, excluding those who have since quit or been discharged for cause, but including those who were sick, on vacation, or tempo- rarily laid off, to determine whether or not they desire to be repre- sented for the purposes of collective bargaining by International 'Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations. [SAME TITLE] Case No. R-1777 CERTIFICATION OF REPRESENTATIVES May 03, 1940 On April 23, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on May 8, 1940, under the direction and supervision of the Regional Director for the Second Re- gion (New York City). On May 10, 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 Report on the ballot. No objec- tions to the conduct of the ballot or the Election Report have been filed by any of the parties. 98 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Regional Director reported as follows : Total Number Eligible to Vote_____________________________ 1,382 Total Number of Ballots Cast______________________________ 1,287 Total Number of Valid Ballots_____________________________ 1, 285 Total Number of Votes in favor of International Union, United Automobile Workers of America, C. I. O__________________ 967 Total Number of Votes against aforementioned Union________ 318 Total Number of Blank Votes______________________________ 1 Total Number of Void Ballots______________________________ 1 Total Number of Challenged Votes_________________________ 0 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 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organ- izations, has been designated and selected by a majority of the hourly paid employees of the Hyatt Bearings Division, General Motors Cor- poration, Harrison, New Jersey, excluding apprentices, as their repre- sentative for the purposes of collective bargaining and that pursuant to Section 9 (a) of the Act, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organ- izations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 23 N. L. R. B., No. 10a.