General Motors Corp.

In the Matter of FRIGIDAIRE DIVISION , GENERAL MOTORS CORP., DAY- TON, OHIO and LOCAL' 801, UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA , AFFILIATED WITH THE CIO Case No. R-1830.-Decided June 20, 1940 Refrigerator and refrigerating equipment manufactu.ri.ng, air-conditioning apparatus , electric ranges and electric water heater manufacturing-Investiga- tion of Representatives : stipulation , between Company petitioning Union and Board as to business of the Company, the question concerning representation, the appropriate unit or units , and direction of elections-Elections Ordered Mr. Oscar Grossman, for the Board. Mr. Carlos J. Jolly, Mr. A. F. Power, and Mr. Denton, Jolly, of Detroit, Mich., for the Company. Mr. James J. Matles, of New York City, and Mr. Ernest DeMaio, of Dayton, Ohio, for the United. M11r. Irwin C. Delscamp, of Dayton, Ohio, for the Independent. Mr. C. D. Madigan, of Cleveland, Ohio, for the Pattern Makers. Mr. Samuel I. Isard., of Dayton, Ohio, for the Federal. Mr. Louis Colcin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On February 2, 1940, Local 801, United Electrical, Radio & Ma- chine Workers of America, herein called the United, filed with the Regional Director for the Ninth Region (Cincinnati, Ohio) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of Frigidaire Division, Genera] Motors Corporation, Dayton, Ohio, herein called the Company, and requesting an investigation and certification of. representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 1 and April 15, 1940, respec- tively, the United filed an amended and second amended petition with the Regional Director. On April 17, 1940, 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 Rela- tions Board Rules and Regulations-Series 2, as amended, ordered 24 N. L. R. B., No. 90. 283035-42-vol. 24 55 853 l 854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD .an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On April 27, 1940, the Regional Director issued a notice of hearing,- copies of which were duly served upon the Company, the United, Dayton Independent Union of Dayton, Ohio, herein called the Inde- pendent, Pattern Makers League of North' America, herein called the Pattern Makers, labor organizations claiming to represent em- ployees directly affected by the investigation, and upon International Union of Operating Engineers, International Brotherhood of Fire- men and Oilers, International Association of Machinists, Dayton Metal Trades Council, Dayton Central Labor Council, International Brotherhood of Electrical Workers, Metal Polishers International Union, Federal Labor Union #22126, herein called the Federal, and Frigidaire Employees Association. Pursuant to the notice, a hearing was held on May 6, 7, and 8, 1940, at Dayton, Ohio, before Berdon M. Bell, the Trial Examiner duly designated by the Board. At the commencement of the hearing the Trial Examiner granted motions to intervene filed by the Independent and the Pattern Makers. The , rulings are hereby affirmed. The Federal appeared at the hearing by its representative but stated that it did not wish to intervene in the proceedings. The Board, the Company, the United, and the Independent were represented by counsel, the Pattern Makers by its. representative, and all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues was afforded all parties. Dur- ing the course of the hearing the Trial Examiner made several rul- ings 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. A stipulation of the parties was read into the record during the hearing. It provides as follows : It is hereby stipulated and agreed by and among the United Electrical, Radio and Machine Workers of America, affiliated with the C. I. 0., Local 801, petitioner herein, hereinafter called the U. E. R. M. W. A.; the Pattern Makers League of North America, affiliated with the A. F. of L., intervener herein; the Dayton Independent Union of Dayton, Ohio, an intervener herein, hereinafter called the D. I. U., and General Motors Cor- poration, employer, that : 1. Wherever the terms "Frigidaire Division of General Mo- tors Corporation" are mentioned in this stipulation, they shall be construed to include those plants known as Frigidaire Plant GENERAL MOTORS CORP. 855 1, located at 300 Taylor'Street, Dayton, Ohio, and Plant 2, lo- cated at Moraine City, Ohio, producing similar or related prod- ucts, and operating under a common, local resident manager. 2. The United Electrical, Radio and ISlacliine Workers of America, Local 801, affiliated with the C. I. 0.; the Pattern Makers League of North America, affiliated with the A.'F. of L., and the Dayton Independent Union of Dayton, Ohio, are each labor organizations within the meaning of Section 2 (5) of the National Labor Relations Act in that each of said organi- zations 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. 3: That in support of the bargaining unit "and the method of ascertaining same herein, the following facts are admitted : That General Motors Corporation was originally a holding corpora- tion, owning all or substantially all of the stock of subsidiary 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 interest 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 Mo- tors Corporation itself took over and engaged in the manufactur- ing operations of 'substantially all of these wholly-owned sub- 'sidiaries without, however, disturbing or affecting the independ- ence of the managements of the plants or operations involved, or diversification of the products of these separate operations or to any material extent the physical locations thereof. As a result, General Motors, Corporation maintains today a decentralized management for its respective plants. 'It maintains plants in 42 cities, in 12 States, from Connecticut to California. It manu- factures and produces a wide variety. of products, turning'out in some plants as many as 1200 different items and it engages in a number of businesses, . many of which are of a dissimilar nature. 4. All production and maintenance employees, mechanical em- ployees in engineering department- shops, employees in service department shops, tool and die makers, and inspectors employed by General Motors Corporation, Frigidaire Division, excluding factory manager, assistant factory manager, superintendents, as- 'sistant superintendents, supervisors, foremen, dispatchers, time- keepers, plant protective employees, cafeteria employees, metal finishers, stock chasers, cooperative school students, apprentices and others included in 4he employer's educational program, in- 856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD structors, garage attendants, crate designers, engineers, technical employees, time study men, head job setters, draftsmen, tool de- signers and detailers, clerical and office employees, chemists, met- allurgists and employees of the personnel and industrial depart- ments constitute a unit appropriate for purposes of collective bargaining. 5. The National Labor Relations Board shall conduct an, elec- tion by secret ballot subject" to the National Labor Relations Act and the rules, regulations, and decisions of the National Labor Relations Board, among the employees in the. unit set forth above to determine whether they desire to be represented for purposes of collective bargaining by' the U. E. R. M. W. A., the D. I. U., or neither. 'That in said elections the ballots shall provide for a choice between "United Electrical, Radio. and Machine Workers of America, Local No. 801, C. I. O:" and "Day- ton Independent Union of Dayton, Ohio," and "Neither". The provisions of this paragraph are subject to the provisions of Paragraph 10 below. 6. All wood pattern makers and metal pattern makers work- ing on bench or machine, pattern checkers and'the apprentices of these classifications (but not supervisory employees and those whose work is of a confidential nature) employed by General Motors Corporation, Frigidaire Division, may constitute a unit (hereinafter called the craft unit) appropriate for purposes of. collective bargaining, or said craft unit plus the appropriate unit set ' forth in Paragraph 4 above may constitute a unit appro- priate for purposes of 'collective bargaining. 7. To determine which of these units is the appropriate unit for purposes of collective bargaining, the National Labor Rela tioris Board shall conduct an election separately.by secret ballot subject to the National Labor Relations Act and the rules, regu- lations and decisions of the National Labor Relations Board among the employees in the craft unit set forth in paragraph 6 above who were on the C Seniority List of the Frigidaire Division of General Motors Corporation during the payroll pe- riod iri which May 4, 1940, fell, except those who shall have since quit or been discharged for cause to determine whether they desire to be represented for purposes of collective bargaining by the Pattern Maker's League of North America, affiliated with the A. F. of L., or the'U. E. R. M. W. A. or neither. - That in 'said election the ballot- shall provide for a choice between "Pattern Makers League of North America" and "United Elec- trical, Radio and Machine Workers of America, Local 801, C. I. 0." and "Neither."' The name of the D: I. U. shall hot: appear GENERAL MOTORS CORP. 857 on the ballot in the-election provided for in this paragraph. The company by agreeing to the use of the C Seniority List in the election set forth in this paragraph does not waive or in any manner prejudice its right to object to the use of the C Seniority List in the election to. be conducted among the employees in Unit set forth in Paragraph 4 above. 8. If a majority of the employees in said craft unit choose the Pattern Makers League of North America, said employees then shall constitute a separate and distinct appropriate bargain- ing unit. If a majority of the employees in said craft unit choose the U. E. R. M. W. A., they shall constitute a separate. and distinct appropriate bargaining unit, provided , however, that if a majority of the employees iri the unit set forth in Paragraph 4 above also choose the U. E. R. M . W. A., then the employees in the craft unit will be merged with and become a part of a larger unit. ' 9. It is further stipulated and agreed that the National Labor Relations Board upon the record in this proceeding shall deter- mine whether or not the employees , classified as "D List" em- ployees shall be included within the unit set forth in Paragraph 4 above, and the decision of the National Labor Relations Board on that matter shall be final and binding upon each of the parties to this stipulation. 10. In the event that the National Labor Relations Board finds or rules that the D . I. U. should not have been permitted by the Trial Examiner to intervene in this proceeding, and/or that its. name should not appear on the ballot referred to in Para- graph 5 above, then such finding or ruling shall not affect this stipulation except as so modified by said finding or ruling, and in such event the ballot provided for in Paragraph 5 shall be modified to provide for a choice between "United Electrical, Radio and Machine Workers of America, Local 801,. C. I. O.," and "No union." The Board hereby approves the stipulation. On May 11, 1940, the United requested permissioin to file a brief and present oral argument before the Board . On May 21, 25 , and 29, respectively, the United, the Independent , and the Company filed briefs which the Board has considered . On June 1, 1940 , the Com- pany filed a motion to strike portions of the brief submitted by the United. This motion is hereby denied. Pursuant to notice duly served upon the parties , a hearing for the purpose of oral argument was held before the Board on June 6, 1940, in Washington, D. C. The United, the Independent and the Com- pany appeared by counsel and participated in the argument. 858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board'makes the following: FINDINGS.OF FACT I. THE BUSINESS GF THE. COMPANY General Motors Corporation; a Delaware corporation, through its Frigidaire Division, the plants and places of business of which are located at Dayton and Moraine, Ohio, engages in the manufacture of household refrigerators, ice-cream cabinets, commercial refrig- erating equipment, air-conditioning apparatus, electrical household ranges, electric water heaters, and replacement parts. During the first 4 months of 1940, raw materials and fabricated_ articles used in the manufacturing.operations of the Frigidaire Division were valued in excess of $2,000,000, approximately 40 per cent of which were shipped to it from sources outside the State of Ohio. All of the products of the Frigidaire Division are sold at Dayton, Ohio, to Frigidaire Division of General Motors Sales Corporation. The gross sales of Frigidaire Division 'of General Motors Sales Corporation for the first 4 months of 1940 were in excess of $5,000,000. Approxi- mately 80 per cent of this total represents products shipped to points outside the State of Ohio. II. THE ORGANIZATIONS INVOLVED Local 801, United Electrical, Radio & Machine Workers of America, is a labor organization affiliated with the Congress of In- dustrial Organizations. It admits to membership all production and maintenance employees of the Company, excluding supervisory em- ployees, students, apprentices, employees in the research laboratories, confidential employees, and clerical employees.' Dayton Independent Union of Dayton, Ohio, is an unaffiliated labor organization. It admits to membership the same classes of employees of the Company as the United. Pattern Makers League of North America is a labor organization affiliated with the American Federation of Labor. It admits to mem- bership pattern makers employed by the Company. III. THE QUESTION CONCERNING REPRESENTATION In January 1940 the United requested the Company to recognize it as the exclusive representative of the Company's employees at its Dayton and Moraine plants. The Company suggested that the United "call upon" the Board. We find that a question has arisen concerning the representation of employees of the Company. GENERAL MOTORS CORP. 859 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. On 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 pattern makers and .metal pattern makers working on bench or machine, pattern checkers, and the apprentices of these classifications (but not supervisory employees and those whose work is of a confi- dential nature), who were on the C seniority list of the Frigidaire Division of General Motors Corporation during the pay-roll period in which May 4, 1940, fell, except those who shall have since quit or been discharged for cause, to determine whether said employees desire to be represented by the Pattern Makers or the United or neither. In the'election the ballot shall provide for a choice between "PATTERN MAKERS LEAGUE OF NORTH AMERICA" and "UNITED ELECTRICAL, RADIO AND MACHINE . WORKERS OF AMERICA, LOCAL 801, C. I. 0." 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 and distinct appropriate bargaining unit; if a majority of said employees in said craft unit chooses the United, said employees in said craft in the plant shall constitute a separate and distinct appropriate bargaining unit, provided, however, that if ' a majority of the em- ployees in the unit described in subdivision B below also chooses the United, then the employees in such craft unit will be merged with and become a part of the larger unit. 860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD B. The plant unit The United objects to the appearance of the Independent on the ballot for the election to be held among the employees .in the plant. unit on the ground that the Independent does riot =show a substantial interest iii these proceedings. The Independent introduced applica- tion cards signed by 756 employees in the plant unit at the hearing, and at the oral argument claimed to have 1257 application cards. We find that the Independent should be accord`ed a place on the ballot. The United contends that the Class A and Class D employees should not be permitted to participate in the election among the employees in the plant unit. The- Company and the Independent urge that they be permitted to vote. Class A employees are employees who have less than 6 months' consecutive or cumulative service with the Company ' in' a 12-month period from the date of their employment.. These employees do not have any seniority status and can be laid off at any time by the Company. At the time of the hearing there were approximately 1300 Class A employees in the plant. The United contends that inasmuch as these employees are denied benefits enjoyed by the other employees in the plant they cannot exercise a free choice. The busi- ness of the Company is seasonal with production starting to ascend in March and reaching its peak in August of each year. A repre- sentative of the Company testified that it is the policy of the Com- pany to recall whenever possible, the same employees every season and that approximately 75 per cent of the Class A employees working at the time of the hearing would attain regular status by August or September 1940. Under these circumstances we find that the Class A employees should be eligible to vote in the election. Class D employees are employees who in the opinion of the Com- pany are necessary to be kept on or recalled first after a lay-off to facilitate any tooling project, plant rearrangement, or making of a new model.' The United contends that these employees should not be permitted to vote because they are closely allied with the manage- ment and enjoy special privileges. Although the employees in Class D enjoy seniority privileges over all other employees in the plant they are engaged in the same type of work and receive the same pay rates. The employees on the list are not ordinarily aware of their special status. The Company had a Class D list in the fall of 1939 but that list is not in use at the present time, all of the employees being engaged in ordinary production work. The Company does 1 The Class D list also includes the names of all supervisory employees, students, and apprentices. These three groups of employees are not in controversy, since the parties stipulated that they be excluded from the unit. GENERAL MOTORS CORP. 861' not contemplate compiling a new D list at' the present time. We find that the Class D' employees should be eligible to vote in the election. We shall direct that an election be held among all production and maintenance employees, mechanical employees in engineering depart= ment shops, employees in service department shops, tool and die makers, and, inspectors of the Company, who were employed during the.pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation, employees who were then or have since been temporarily laid off, but excluding the factory man- ager, assistant factory manager, superintendents, assistant superin- tendents, supervisors, foremen, dispatchers, timekeepers, plant pro- tective employees, cafeteria employees, metal finishers, stock chasers, cooperative school students, apprentices and others included in the employer's educational program, instructors, garage attendants, crate designers, engineers, technical employees, time-study men head job setters, 'draftsmen, tool designers, and detailers, clerical and office employees, chemists, metallurgists,'employees in the personnel and industrial departments, employees who have since quit or been dis- charged for cause, to determine whether they desire to be represented by the United or by the Independent. In this election the ballots provide for the choice between "UNITED ELECTRICAL, RADIO, AND MACHINE WORKERS OF AMERICA, LOCAL No. 801, C. I. 0." and "DAYTON INDEPENDENT UNION, OF DAYTON, OHIO," and "NEITHER." Upon the basis of the above findings of fact, stipulation, and the entire record in the case, the Board makes the following: CONCLUSION OF LAW A question affecting commerce has arisen concerning the representa- tion of employees of Frigidaire Division, General Motors Corpora- tion, Dayton, Ohio, within the meaning 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 Rela- tions 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 Frigidaire Division, General Motors Corporation, Dayton, Ohio, elections by secret ballot shall be conducted as early as possible, but 862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not later than thirty ( 30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Ninth Region, acting . in this matter as agent for the National Labor Rela- tions Board,- and subject to Article III, Section 9, of said Rules and Regulations, among : (1) All wood pattern makers- and metal pattern makers working -on bench or machine , pattern checkers , and the. apprentices of these classifications (but not supervisory employees and those whose work is of a confidential nature ), who were on the C seniority list of Frigidaire Division, General Motors Corporation , during the pay- roll period in which May 4, 1940, fell, except those who shall have since quit or been discharged for cause, to determine whether said employees desire to be represented by the Pattern Makers League of North America, or by the United Electrical , Radio and Machine Workers of America, Local 801 , C. I. 0., for the purposes .of collective bargaining, or by neither ; (2) All production and maintenance employees , mechanical em- ployees in the engineering department shops, employees in service department shops, tool and die makers , and inspectors of Frigidaire Division , General Motors Corporation , who were employed during the pay-roll period immediately preceding the date of this Direction, 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 the factory manager, assistant factory manager , superintendents , assistant super- intendents, supervisors, foremen, dispatchers , timekeepers, plant pro- tective employees, cafeteria employees , metal finishers, stock chasers, cooperative school students , apprentices and others . included in the employer's educational program, instructors , garage attendants; crate designers , engineers , technical employees , time-study men, head job setters, draftsmen , tool - designers and detailers, clerical and office employees, chemists, metallurgists, employees of the personnel and industrial departments,. and employees who have since quit or been discharged for cause , to determine whether they desire to be repre- sented by United Electrical , Radio and Machine Workers of America, Local 801, C. 1. 0., or by Dayton Independent Union of Dayton, Ohio, for the purposes of collective bargaining, or by neither.