General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER- CIAL BODIES DIVISION 1 and INTERNATIONAL UNION, UNITED AUTO- MOBILE WORKERS OF AMERICA, (AFFILIATED WITH THE C. I. 0.)1 In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER- CIAL BODY DIVISION and AUTOMOBILE BODY LOCAL LODGE 1396, INTER- NATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE A. F. OF L. In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER- CIAL BODY DIVISION an(l PATTERN MAKERS LEAGUE OF NORTH AMERICA AND PATTERN MAKERS ASSOCIATION OF INDIANAPOLIS AND VICINITY, AFFILIATED WITH THE A. F. OF L. Cases Nos. R-1805, R-1806, and R-1807, respectively.Decided May 15, 1940 Truck Bodies and Accessories Manufacturing Industry-Investigation of Repre- .sentatives: stipulation between Company, petitioning Unions, and Board as to business of the Company, the question concerning representation , the appropriate unit or units , and direction of elections-Elections Ordered Mr. Arthur R. Donovan, for the Board. Mr. Carlos J. Jolly, Mr. A. F. Power, Mr. Denton Jolly, and Mr. Robert C. Carson, of Detroit, Mich., for the Company. Mr. LeRoy L. Roberts and Mr. Clarence Lyons, of Indianapolis, Ind., for the CIO-UAW. Mr. C. F. McDonald, of Ft. Wayne, Ind., for the I. A. Al. Mr. George W. Henke and Mr. W. C. Landmeier, of Indianapolis, Ind., for the Pattern Makers. Mr. Bliss Daffan, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On February 6, 1940, International Union, United Automobile Workers of America (affiliated with the C. I. 0.), herein called the ' At the hearing the formal papers were amended to state the name of the Company as set forth in the caption . Motion was also made to amend the formal papers to state the name of the CIO-UAW as set forth in the caption above , but the Trial Examiner re- served disposition of said motion for the Board. The motion is hereby granted and the formal papers amended accordingly. 23 N. L. R. B., No. 86. 812 GENERAL MOTORS CORPORATION 813. CIO-UAW, filed with the Regional Director for the Eleventh Region '( Indianapolis, Indiana) a petition, and on February 13 and March 7, 1940, amended petitions, alleging that a question affecting commerce had arisen concerning the representation of production, maintenance,, and engineering employees of General Motors Corporation, Chevrolet- Commercial Body Division, Indianapolis, Indiana, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 5, 1940, Automo- tive Body Workers Local 1396, International Association of Machin- ists, affiliated with the A. F. of L., herein called the I. A. M., filed with the Regional Director a petition relating to the same classes of employees, and on March 8, 1940, an amended petition. On March 11, 1940, Pattern Makers League of North America and Pattern Makers Association of Indianapolis and Vicinity, affiliated with the A. F. of L., herein called the Pattern Makers, filed with the Regional Di- rector a petition alleging that a question affecting commerce had arisen concerning the representation of all pattern makers employed by the Company. On March 14, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section'9 (c) of the Act and Article III, Section 10 (c) (2) and (3), of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an order- consolidating these cases and directing the Regional Director to con- duct an investigation and to provide for an appropriate hearing upon due notice. On March 19, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the CIO-UAW, the I. A. M., the Pattern Makers, and upon United Automobile Workers of America, affiliated with the A. F. of L., a labor organiza- tion herein called the A. F. of L.-U. A. W. Pursuant to notice, a hearing was held on April 18 and 22, 1940, at Indianapolis, Indiana, before Henry W. Schmidt, the Trial Ex- aminer duly designated by the Board. The Board, the Company, the CIO-UAW, the I. A. M., and the Pattern Makers were represented by counsel and participated in the hearing. The A. F. of L.-U. A. W. did not appear at the hearing. Full opportunity to be heard, to exam- ine 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. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. ,814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A stipulation, dated April 20, 1940, and signed by counsel for the Board, the Company, the CIO-UAW, the I. A. M., and the Pattern Makers, was introduced in evidence. It provides as follows: International Union, United Automobile Workers of America, (affiliated with the C. I. 0.), hereinafter called CIO-UAW, a party herein; Automotive Body Local Lodge 1396, Int'l Asso- ciation of Machinists, Affiliated with the A. F. of L., hereinafter called I. A. M., a party herein ; Pattern Makers League of N. A. and Pattern Makers Association of Indianapolis and Vicinity, Affiliated with the A. F. of L., hereinafter called Pattern Makers, a party herein ; and General Motors Corporation, employer, a party herein; consider that; I. Questions affecting commerce have arisen concerning repre- sentation of employees of the plant involved in the above-entitled matter for the purpose of collective bargaining, and the parties desire the earliest possible determination of such representation in said plant, as evidenced by the petitions filed by the above- named unions. II. The introduction of testimony bearing upon the ultimate and final disposition of the issues in this proceeding would neces- sarily extend a hearing over a considerable period of time. III. The exigencies peculiar to this situation require the reso- lution of the differences between, the parties hereto by the most expeditious method possible having due regard for the interests of all concerned. IV. This stipulation is adopted for use only because of the circumstances and the considerations above set forth and accord- ingly is being executed for the purposes of this proceeding only and shall not be considered a precedent applicable in any other proceeding before the National Labor Relations Board to which any of the signatories hereto shall be a party. IT IS TI{EREFORB STIPULATED AND AGREED BY THE PARTIES HERETO AS FOLLOWS : The Board shall conduct an election separately among all wood and metal pattern makers or model makers, working on bench or machine (but not shaper hands), and the apprentices of these classifications (but not supervisory or salaried employees and those whose work is of a confidential nature), who are in the employ of Chevrolet-Commercial Body Division, or absent be- cause of sickness or vacation, or on the seniority list of this divi- sion of General Motors Corporation during the pay period in which February 1, 1940, fell, to determine whether said employees desire to be represented by the Pattern Makers League of North GENERAL MOTORS CORPORATION 815 America or the CIO-UAW or neither. In that election the ballot shall provide for a choice between : "PATTERN MAKERS LEAGUE OF NORTH AMERICA" and "CIO-UAW", and "NEITHER." If a majority of the said employees in said craft unit chooses the Pattern Makers League of North America; thus indicating their preference for separate representation, said employees in said craft will constitute a separate appropriate bargaining unit; if a majority of said employees in said craft unit chooses the CIO-UAW, said employees in said craft in the plant shall constitute a separate appropriate bargaining unit, provided, how- ever, that if a majority of the production mechanical employees in Engineering Department shops, and maintenance employees in the plant also chooses the CIO-UAW then the employees in such craft shall become a part of the larger unit. The Board shall conduct elections among all production and maintenance employees, and mechanical employees in Engineering Department shops, who are employed by the General Motors Corporation, Chevrolet-Commercial Body Division, who were in the employ of, or absent because of sickness or vacation, or on the seniority list of the plant during the pay period in which February 1, 1940, fell, excluding, however, the pattern makers aforementioned, direct representatives of the management, such as officers and directors of the Company, sales managers and assistant sales managers, factory manager and assistant factory manager, directors and employees of sales, accounting, Personnel' and Industrial Relations Departments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents, general foremen, foremen and assistant fore- men, and all other persons working in a supervisory capacity, including those having the right to hire or discharge and those whose duties include recommendation as to hiring or discharging (but not leaders), and those employees whose work is of a confi- dential nature, time study men, plant protection employees, all clerical employees, chief engineers, and shift operating engineers in power plants, designing (drawing board), production estimat- ing and planning engineers, draftsmen and detailers, Tool de- signers and clay and plaster modelers, (but not those who make patterns), timekeepers, office janitors, technical school students, indentured apprentices, kitchen and cafeteria help, to determine whether they desire to be represented by International Union, United Automobile Workers of America (affiliated with the CIO) or the Automotive Body Local Lodge 1396, Int'l. Association of Machinists, (affiliated with the A. F. of L.), or neither. In these elections the ballots shall provide for a choice between "I. A. M." and "CIO-UAW", and "NEITHER." 816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD It is agreed that the following described employees shall be within the above exclusions : Employees responsible for requisi- tioning store supplies and maintaining inventory who are on salary, employees responsible for controlling flow of production materials within or into plants, who are on salary, employee responsible for comparing standards of production materials and the products with specifications, who is on salary. The appropriate bargaining unit in connection with collective bargaining in General Motors Corporation, Chevrolet-Commer- cial Body Division, is the plant or group of related buildings or plants operating under the common local resident manager in the same local community, producing similar or related products, or craft subdivisions within each plant as may be selected by the employees therein. In support of the bargaining unit and the method of ascer- taining the same herein agreed to as well as the other matters stipulated to above, the parties hereto for the purposes of this proceeding further stipulate as follows : The General Motors Corporation was originally a holding corporation owning all or substantially all of the stock of sub- sidiary corporations engaged in the manufacture of different products and in selling the same. In a few additional instances General Motors Corporation also owned a minority stock inter- est in other manufacturing corporations. Over a period of years either through liquidation of or purchase from these wholly owned subsidiaries engaged in manufacturing operations General Motors Corporation itself took over and engaged in the manu- facturing operations of substantially all of these wholly owned subsidiaries without, however, disturbing or affecting the inde- pendence of the management of the plants or operations involved, the diversification of the products of these separate operations or to any material extent the physical locations thereof. As a re- sult General Motors Corporation maintains today a decentral- ized management for its respective plants. It maintains plants in forty-two cities, in twelve states from Connecticut to Cali- fornia. It manufactures and produces a wide variety of prod- ucts, turning out in some plants as many as 1200 different items and it engages in a number of businesses, many of which are of dissimilar nature. At sometime in the early part of 1937, the International Union, United Automobile Workers of America initiated organizational activity among all hourly production, maintenance, and mechani cal employees in engineering department shops, at the plant of Chevrolet-Commercial Body Division of General Motors Corpo- ration. On March 12, 1937, a written agreement was entered GENERAL MOTORS CORPORATION 817 into between the Corporation and the International Union, on behalf of its members. Supplemental agreements were entered into from time to time as a result of a continuing bargaining re- lationship between the Corporation and'the International Union, on behalf of its members. At sometime late in July, 1937, Automotive Body Local Lodge 1396, International Association of Machinists, (affiliated with the A. F. of L.) initiated organizational activities among all hourly production, maintenance and. mechanical employees in engineering department shops at the Chevrolet-Commercial Body Division of General Motors Corporation. The Pattern Maker's League of North America has for a pe- riod of over two years at periodical,.intervals made claims as to membership among all wood and metal pattern makers or model makers, and the apprentices of these classifications at the plant of Chevrolet-Commercial Body Division of General Motors Cor- poration. The Pattern Maker's League of North America admits to membership workers who are in a well established and highly skilled craft, requiring an apprenticeship. For the past several years in connection with collective bar- gaining, adjustments and adaptations have been made and car- ried on between the Unions named herein and committees and representatives thereof acting for their member employees of the Chevrolet-Commercial Body Division of General Motors Corpo- ration, and the local Management of the plant of the Chevrolet- Commercial Body Division of General Motors Corporation, located at Holly and Henry Street, Indianapolis, Indiana, as well as by representatives of the International Unions acting for their member employees with the Industrial Relations staff of General Motors Corporation at its Central Office in Detroit, Michigan, on issues common to many plants. The. parties hereto agree that the :method of determining the appropriate unit herein agreed to is proper under the circum- stances. The history, extent and type of organization of the employees in the respective plants of the General Motors Cor- poration, the history of their collective bargaining, considera- tions of skill and working conditions of said employees, the eligibility of the employees for membership in the Unions in- volved in this proceeding, the relationship between the unit or units, set forth above, and the General Motors Corporation's organization, management and operations are factors clearly de- fined in the present labor relations of the employees of General Motors Corporation and Management thereof. . In order to clarify any misunderstanding that may arise as to the bargaining procedure to be followed after the National Labor 818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations Board has determined the bargaining unit in accord- ance with the stipulations hereinbefore entered into, and has certified the exclusive bargaining agents in such plants, with respect to which such certification may issue, the parties further stipulate : The parties hereto accept the principle of the present appeal procedure being followed in cormection with collective bargain- ing in many of the. plants of General Motors Corporation whereby cases not satisfactorily adjusted at the plants where they arise may be appealed successively to the higher officers of the General Motors Corporation, by the officers of the International Union. The Industrial Relations Staff of General Motors Corporation will negotiate collectively with the officers of the International Union certified as the exclusive bargaining agency of a bargain- ing unit in this plant on such issues as are common to employees in this bargaining unit and in bargaining units in one or more other plants in which the Union-certified as exclusive bargaining agency for a bargaining unit in this plant has also been certified as exclusive bargaining agency. The form and extent of all agreements is a practical problem to be worked out in the ne- gotiations subsequent to the Elections, designations and certifi- cations by the Board. Labor Organizations Each of the petitioning Unions, parties hereto, acknowledges and agrees that each of the other petitioning Unions is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act in that each of such organizations exists. in whole or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment and conditions of work, and that each of such organizations claims, jurisdiction over the employees in the respective bargaining units hereinbefore claimed and described. Question Concerning Representation Each of the petitioning Unions, parties hereto, claims to rep- resent a majority of the employees in the respective bargaining units hereinbefore described, and all the parties hereto acknowl- edge and agree that each of the petitioning unions, parties here- to, has made demands upon the General Motors Corporation Chevrolet-Commercial Body Division for the right exclusively to bargain for the employees of the General Motors Corporation Chevrolet-Commercial Body Division within the respective bar- GENERAL MOTORS CORPORATION 819, gaining units hereinbefore described, and that such demands have been refused. In order to avoid the difficulties that might otherwise arise between the time that the elections are completed and the time that any new agreements may be entered into the parties further stipulate as follows : The terms of present UAWA agreement will be continued with the Union designated, as the 'exclusive bargaining, agent subject to a change in the terms of recognition whereby such Union will be recognized-as exclusive bargaining agency for the bargaining unit when it has been so certified by the NLRB. It is further stipulated that in the event the National Labor Relations Board accepts this stipulation in its entirety and bases its findings, and order thereon, the parties hereto agree that they will not petition for any rehearing of this case on the issue of the appropriate bargaining unit involved herein. The Board hereby approves the stipulation. Upon the above stipulation and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMP ANY 2 The Company is a Delaware corporation with its principal business offices located in New York City and with other offices in Detroit, Michigan. For business reasons the Company functions with several unincorporated divisions, one of which is the Chevrolet-Commercial Body Division which maintains a plant at Holly and Henry Streets, Indianapolis, Indiana, at which it fabricates and manufactures truck bodies, truck-body parts, miscellaneous truck-body stampings and replacement body service parts as well as a limited amount of tools and dies and assembly fixtures. Approximately 66 per cent in value of the productive materials, including raw materials and fabricated or partially fabricated articles, used in the manufacturing and fabri- cating operations of the Chevrolet-Commercial Body Division, is obtained from sources outsides the State of Indiana, and approxi- mately 50 per cent or more of its products are shipped upon com- pletion to points outside the State of Indiana. Such shipments of material or products normally occurs at regular intervals during each week that the plant is in operation and the greater part of such ship- ments are moved by rail carriers and common motor carriers. ;' The,facts set forth in this section are taken from a stipulation entered into by counsel for the Board and the Company on April 16, 1940 .820 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Organiza- tions. It admits to membership production and maintenance em- ployees, and mechanical employees in Engineering Department shops of the Company. Automotive Body Local Lodge 1396, International Association of Machinists, is a labor organization affiliated with the American Federation of Labor. It admits to membership the same classes of employees as the CIO-UAW, but excluding pattern makers. Pattern Makers League of North America and Pattern Makers Association of Indianapolis and Vincinity is a labor organization affiliated with the American Federation of Labor. It admits to membership wood and metal pattern makers or model makers of the Company working on bench or machine, and apprentices. III. THE QUESTION CONCERNING REPRESENTATION We find that a question has arisen concerning the representation of 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. V. DETERMINATION OF REPRESENTATIVES AND THE APPROPRIATE UNIT OR UNITS We find that the question concerning representation which has arisen can be best resolved by elections by secret ballot among the two groups of employees described in subdivisions A and B below. Upon the results of such elections will depend our determination of the appropriate unit or units in the manner set forth in subdivision A below. A. The pattern makers We shall direct that a separate election be held among all wood and metal pattern makers or model makers, working on bench ,or machine (but no shaper hands), and the apprentices of these classi- GENERAL MOTORS CORPORATION 821 fications (but not supervisory or salaried employees and those whose work is of a confidential nature), who were in the employ of Gen- eral Motors Corporation , Chevrolet-Commercial Body Division, or on the seniority list of Chevrolet -Commercial Body Division, or absent because of sickness or vacation , during the pay period in which February 1, 1940, fell, to determine whether said employees desire to be represented by the Pattern Makers or the CIO-UAW or neither . In the election the ballot shall provide for a choice between : "PATTERN MAIiERS LEAGUE OF NORTH AMERICA" and "CIO- UAW," and "NEITHER." If a majority of the said employees in said craft unit chooses the Pattern Makers , thus indicating their preference for separate repre- sentation , said employees in said craft will constitute a separate appropriate bargaining unit; if a majority of said employees in said craft unit chooses the CIO-UAW, said employees in said craft in the plant shall constitute a separate appropriate bargaining unit, provided, however, that if a majority of the employees in the unit described in subdivision B below also chooses the CIO-UAW then the employees in such craft shall become a part of the larger unit. B. The plant unit We shall direct that an election be held among all production and maintenance employees , and mechanical employees in Engineering Department shops, who are employed by the General Motors Cor- poration , Chevrolet-Commercial Body Division , who were in the employ of, or absent because of sickness or vacation , or on the seniority list, of the plant during the pay period in which February 1, 1940, fell , excluding , however, the pattern makers afore-mentioned, direct representatives of the management , such as officers and di- rectors of the Company , sales managers and assistant sales mana- gers, factory manager and assistant factory manager , directors and employees of sales, accounting , Personnel and Industrial Relations Department , directors of purchases and assistant directors of pur- chases, superintendents and assistant superintendents , general fore- men, foremen , and assistant foremen, and all other persons working in a supervisory capacity, including those having the right to hire or discharge and those whose duties include recommendation as to hiring or discharging (but not leaders), and those employees whose work is of a confidential nature, time -study men, plant protection employees , all clerical employees , chief engineers and shift operat- ing engineers in power plants , designing (drawing board ), produc- tion estimating, and planning engineers , draftsmen and detailers, tool designers and clay and plaster modelers (but not those who 23303 4-41-vol 24-53 822 DECISIONS OF NATIONAL LABOR R ELATIONS BOARD make patterns), timekeepers, office janitors, technical school stu- dents, indentured apprentices, and kitchen and cafeteria help 3 to determine whether they desire to be represented by the CIO-UAW or the I. A. M., or neither. In these elections the ballots shall pro- vide for a choice between "I. A. M." and "CIO-UAW" and "NEITHER." Upon the basis of the above findings of fact, the stipulations of April 16 and April 20, 1940, and the entire record in the case, the Board makes the following : CONCLusION OF LAW A question affecting commerce has arisen concerning the repre- sentation of employees of General Motors Corporation, Chevrolet- Commercial Body Division, Indianapolis, Indiana, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with General Motors Corporation, Chevrolet-Commercial Body Divi- sion, Indianapolis, Indiana, elections by secret ballot shall be con- ducted as early 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 Eleventh 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: 1. All wood and metal pattern makers or model makers, working on bench or machine (but not shaper hands), and the apprentices of these classifications (but not supervisory or salaried employees and those whose work is of a confidential nature), who were in the employ of General Motors, Chevrolet-Commercial Body Division, or absent because of sickness or vacation, or on the seniority list of this Division of the Company during the pay period in which February 1, 1940, ' The following described employees are within the above exclusions , employees respon- sible for requisitioning store supplies and maintaining inventory who are on salary,'em- ployees responsible for controlling flow of production materials within or into plants, who are on salary, employee responsible for comparing standard of production materials and the products with specifications, who Is on salary. GENERAL MOTORS CORPORATION 823 fell, to determine whether said employees desire to be represented by the Pattern Makers League of North America or the CIO-UAW, for the purposes of collective bargaining, or by neither; 2. All production' and maintenance employees, and mechanical em- ployees in Engineering Department shops, who are employed by the General Motors Corporation, Chevrolet-Commercial Body Division, who were ini the employ of, or absent because of sickness or vacation, or an the seniority list of the plant during the pay period in which February 1, 1940, fell, excluding, however, the pattern makers afore- mentioned, direct representatives of the management, such as officers and directors of the Company, sales managers and assistant sales managers, factory manager and assistant factory manager, directors and employees of sales, accounting, Personnel and Industrial Rela- tions Department, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents, general fore- men, foremen, and assistant foremen, and all other persons working in a supervisory capacity, including those having the right to hire or discharge and those whose duties include recommendation as to hiring or discharging (but not leaders), and those employees whose work is of a confidential nature, time study men, plant protection employees, all clerical employees, chief engineers and shift operating engineers in power plants, designing (drawing board), production estimating, and planning engineers, draftsmen and detailers, tool designers and clay and plaster modelers (but not those who make pat- terns), timekeepers, office janitors, technical school students, inden- tured- apprentices, and kitchen and cafeteria help, to determine whether they desire to be represented by the CIO-UAW or by the I. A. M., for the purposes of collective bargaining, or by neither.