General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION , RESEARCH LABORA- TORIES DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2012. Decided September 16, 1940 Jurisdiction : automobile industry. - Investigation and Certification of Representatives : stipulation as to existence of question concerning representation and the necessity for an election to resolve the question. Unit Appropriate for Collective Bargaining : processing and maintenance em- ployees with specified inclusions and exclusions; stipulation as to. Mr. Carlos J. Jolly, Mr. A. F. Power, Mr. Denton Jolly, and Mr. R. C. Carson, of Detroit, Mich., for the Company. Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., for the C. I. O.-U. A. W. Mr. Lewis F. Brady, of Detroit, Mich., for the M. E. S. A. Mr. Louis-Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 21, 1940, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, herein called the C. I. O.-U. A. W., filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees ' of General Motors Corporation, Research Laboratories Division, Detroit, Michigan, 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 July 10, 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 Relations Board Rules and Regulations-Series 2, as amended, 27 N. L. R. B.. No. 58. - .' 272 GENERAL MOTORS CORPORATION 273 ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 13, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the C. I. O.-U. A. W. Pursuant to the notice, a hearing was held on August 20, 1940, at Detroit, Michigan, before Oscar Grossman, the Trial Examiner duly designated by the Board. During the hearing the Trial Examiner granted a motion to intervene filed by Mechanics Educational Society of America, herein called the M. E. S. A., a labor organization claiming to represent employees directly affected by the investigation. The Company, the C. I. O.-U. A. W., and the M. E. S. A. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-ex- amine 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 other motions and on" objections to the admission of evidence. The Board has reviewed all the rul- ings 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 : International Union, United Automobile Workers of Amer- ica, affiliated with the C. I. 0., hereinafter called C. I. O.-U. A. W., a party herein; Mechanics Educational Society of America, hereinafter called M. E. S. A., 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 purposes of collective bargaining, and the parties desire the earliest possible determination of such representation in said plant as evidenced by the petition filed by the C. I. O.-U. A. W. II. The introduction of testimony bearing upon the ultimate and final disposition of the issues in this -proceeding would necessarily 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 considerations above set forth, and accord- ingly is being executed for the purpose of this proceeding only and shall not be considered as a precedent applicable in ' any 323423-42-v o1 27--19 - 274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD other proceeding before the National Labor Relations Board to which any of the parties hereto shall be a party. - It is therefore stipulated and agreed by the parties hereto as follows : A. The Board shall conduct an election among all processing and maintenance employees who were in the employ of or on the seniority list of the General Motors Corporation at the plant of its Research Laboratories Division, located at 485 West Mil- waukee Avenue, Detroit, Michigan, during the pay period, in which August 17,* 1940, fell, excluding, however, direct repre- sentatives of the management, such as officers and directors of the company, sales managers and assistant sales managers, fac- tory managers and assistant factory managers, directors and employees of sales, accounting, personnel, and industrial rela- tions departments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents, gen- eral foremen, foremen and assistant foremen, and all other per- sons 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 (but not to include maintenance patrolmen or fire patrolmen), all clerical employees, pattern makers, designing (drawing board) production, esti- mating and planning engineers, draftsmen, and detailers, physi- cists, chemists, metallurgists, artists, designers, designer-artists, and clay and plaster modelers (but not those who make pat- terns), timekeepers, technical school students, and those technical or professional employees who are receiving special training, to determine whether they desire to be represented by the C. I.O.- U. A. W., M. E. S. A., or neither. In this election, the ballot shall provide for a choice between "C. I. O.-U. A. W.", "M. E. S. A.", and "Neither." B. 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 : C. The General Motors Corporation was originally a holding corporation, owning-all or substantially all of the stock of sub- sidiary corporations engaged iri the manufacture of different products and in selling the same. In a few additional instances, General Motors Corporation also owned a minority stock -in- terest in other manufacturing corporations. Over a period of years,' either through liquidation of or purchase from these GENERAL MOTORS CORPORATION 275 wholly owned subsidiaries engaged in manufacturing operations, General Motors Corporation itself took over and engaged in the manufacturing operations of substantially all of these wholly owned subsidiaries, without, however, disturbing or affecting the independence of the management of the plants or operations in- volved, the diversification of the products of these separate oper- ations, 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 main- tains plants in 42 cities, in 12 states, from Connecticut to Cali- fornia. It manufactures and processes a wide variety of prod- ucts, turning out in some plants as many as 1,200 different items, and it engages in a number of businesses, many of which are of dissimilar nature. D. At some time late in April, 1940, the International Union, U. A. W.-C. I. 0., instituted organizational activities among the maintenance and processing employees at the plant of the Research Division of General Motors Corporation. On March 12, 1937, a written agreement was entered into between the corporation and the International Union-U. A. W. on behalf of its members in some of the other plants of General Motors Corporation. Supplemental agreements were entered into from time to time as a result of a continuing bargaining relationship between the corporation and the International Union-U. A. W. on behalf of such members. E. That in 1933 the M. E. S. A., Local No. 6 (independent) initiated organizational activity among processing and mainte- nance employees at the plant of the Research Laboratories Divi- sion of the General Motors Corporation or its predecessor, Gen- eral Motors Research Corporation. For several years past, in connection with collective bargaining negotiations, adjustments and adaptations have been made and carried on between the Al. E. S. A., acting for its member employees of the Research Laboratories Division of General Motors Corporation or its predecessor, and the local management of the plant of the Re- search Laboratories Division of General - Motors Corporation, or its predecessor. F. For the past several years, in ' connection with collective bargaining, adjustments- and adaptations have been made and carried on between C. I. O.-U. A. W. and committees and repre- sentatives thereof; acting for its member employees of some other plants of the General Motors Corporation and the local management of these plants, as well as by representatives of the' C. I. O.-U. A. W., acting for its member employees, with 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the industrial relations staff of General Motors Corporation at its central office in Detroit, Michigan, on issues common to many plants. G. The parties hereto agree that the method of determining the appropriate unit herein agreed to is proper under th6 cir- cumstances. The history, extent and type of organization of the employees in the respective plants of the General Motors Corporation, the history of their collective bargaining, consider- ations of skill and working conditions of certain 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 defined in the present labor relations of the employees'of Gen- eral Motors Corporation and management thereof. H. In order to clarify any misunderstanding that may arise as to the bargaining procedure to be followed after the National Labor Relations Board has determined the bargaining unit and has certified the exclusive bargaining agent in this plant, the parties further , stipulate: I. The parties hereto accept the principle of the present appeal procedure being followed in connection 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 Inter- national Unions. J. The industrial relations staff of General Motors Corpora- tion will negotiate collectively with the officers of the unions certified as the exclusive bargaining agency of a bargaining unit in this plant, on such issues as are common to the employees in this bargaining unit and in bargaining u,iits in one oq more other plants in which the union certified as exclusive bargaining agency for a bargining 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 nego- tiations subsequent to the election, designation and certification by the Board. LABOR ORGANIZATIONS K. Each of the parties hereto acknowledges and agrees that, the unions named herein are labor organizations within the meaning of Section 2 (5) of the National Labor Relations Act, in that such organizations exist in whole or in part for the pur- GENERAL MOTORS CORPORATION 277 pose of dealing with employers concerning grievances, labor dis- putes, wages, rates of pay, hours of employment and conditions of work, and that such organizations claim jurisdiction over the employees in the bargaining unit hereinbefore claimed and described. QUESTION CONCERNING REPRESENTATION L. Each of the unions herein claim to represent a majority of the employees in the bargaining unit hereinbefore described, and all parties hereto acknowledge and agree that the unions herein have made demands upon the General Motors Corporation for the right exclusively to bargain for the employees of the General Motors Corporation, Research Laboratories Division, within the bargaining unit hereinbefore described, and that such demands, have been refused. M. It is further stipulated that in the event the National Labor Relations Board accepts this stipulation in its entirety and bases its findings and orders 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. N. In the event that the National Labor Relations Board finds or rules that the M. E. S. A. 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 A 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 A shall be modified to provide for a choice between "C. I. O.-U. A. W." and "No union". The Board hereby approves the stipulation. On September 3 and 6, 1940, respectively, the C. I: O.-U. A. W. and the M. E. S. A. filed briefs which the Board has considered. Upon the entire' record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY General Motors Corporation is a Delaware corporation with its principal business offices in New York City. For business reasons the Company functions with several unincorporated divisions, one of which is the Research Laboratories Division, which operates depart- ments at 485 West Milwaukee Avenue, Detroit, Michigan. The Re- search Laboratories Division' of the Company is engaged in develop- ment and research work for other unincorporated divisions of the 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company, and incidental the and for the purposes of stabilizing employment, manufactures tools, jigs, small dies, fixtures, and balanc- ing machines. Over the period of an average year approximately 70 per cent of the work and business of the Research Laboratories Division involves development and research work resulting in reports, recommendations or information which are forwarded to unincor- porated divisions of the Company for their use, in the proportion of 75 per cent to plants or offices of the Company located in the State of Michigan and 25 per cent to plants or offices located outside the State of Michigan. , During 1939, an average year, approximately 30 per cent of the work and business of the Research Laboratories Division consisted of the manufacture of tools, jigs, small dies, fixtures, and balancing machines. Approximately 50 per cent in value of the productive ma- terials, including raw materials, used in the manufacturing operations of the Research Laboratories Division were obtained from sources outside the State of Michigan, and approximately 25 per cent of the products manufactured by the Research Laboratories Division are shipped by it to points outside the State of Michigan. H. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Organi- zations. It admits to membership employees of the Company. Mechanics Educational Society of America is an unaffiliated labor organization, admitting to membership employees of the Company. III. THE QUESTION 'CONCERNING REPRESENTATION It was stipulated at'the hearing, and we find, that the C. I. 0.- U. A. W. and the M. E. S. A. have requested exclusive recognition as the bargaining representatives of the employees of the Research Laboratories Division but that such demands have been refused by the Company. It was further stipulated, and we find, that a ques- tion has arisen concerning the representation of employees of the Research Laboratories Division of the Company. I 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. GENERAL MOTORS CORPORATION ^ 279 V. DETERMINATION OF REPRESENTATIVES AND THE APPROPRIATE UNIT We find that the question concerning representation which has arisen can be best resolved by an election by secret ballot among the employees described below. The' C. I. O.-U. A . W. objects to the appearance of the M. E. S. A. on the ballot in the election on the ground that that M. E. S. A. does not show a substantial interest in these proceedings . An election was conducted among the employees of the Research Laboratories Division on April 17, 1940, the ballot containing only the name of the M. E. S. A. The results of the election show that 95 employees voted for and 97 employees against the M. E. S. A. At the hearing in this case, the Al. E. S. A. introduced in evidence 142 membership application cards. These cards were all signed prior to the April 17, 1940, election. The C. I. O.-U.' A. W. introduced in evidence 174 membership application cards all signed subsequent to the April 17, 1940, election . There are approximately 194 employees in the appro- priate unit. We find that the M . E. S. A. should be accorded a place on the ballot. We shall direct that an election be held among all processing and maintenance employees who were in the employ of or on the seniority list of the General Motors Corporation at the plant of its Research Laboratories Division , located at 485 West Milwaukee Avenue, De- troit, Michigan, during the pay-roll period in which August 17, 1940, fell, excluding direct representatives of the management, such as officers and directors of the Company , sales managers and assistant sales managers, factory managers and assistant factory managers, di- rectors 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 foremen, and all other persons work- ing 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 pro- tection employees (but not to include maintenance patrolmen or fire patrolmen ), all clerical employees, pattern makers , designing (draw- ing board ) production, estimating and planning engineers , drafts- men, and detailers , physicists , chemists, metallurgists, artists, design- ers, designer-artists, and clay and plaster modelers (but not those who make patterns ), timekeepers , technical school students, and those technical or professional employees who are receiving special training, to determine whether they desire to be represented by the C. I. 0.- U: A. W. or the M. E. S. A. In this election the ballots shall provide 280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD for a choice between "C. I. O.-U. A. W." and "M. E. S. A." and "NEITHER." Upon the basis of the above findings of fact, stipulation , and 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 General Motors Corporation, Research Laboratories Division, Detroit, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All processing and maintenance employees of General Motors Corporation at the plant of its Research Laboratories Division, located at 485 West Milwaukee Avenue, Detroit, Michigan, excluding direct representatives of the management, such as officers and direc- tors of the Company, sales managers and assistant sales managers, factory managers and assistant factory managers, directors and em- ployees of sales, accounting, personnel , and industrial relations de- partments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents , general foremen, fore- men and assistant foremen, and all other persons working in a super- visory capacity, including those having the right to hire or discharge and those whose duties include recommendation as to hiring or dis- charging (but not leaders), and those employees whose work is of a confidential nature, time-study men, plant protection employees (but not to include maintenance patrolmen or fire patrolmen), all clerical employees, pattern makers, designing (drawing board) production, estimating and planning engineers, draftsmen, and detailers, physi- cists, chemists, metallurgists, artists, designers, designer-artists; and clay and plaster modelers (but not those who make patterns), time- keepers, technical school students, and those technical or profes- sional employees who are receiving special training, constitute a unit appropriate for the purposes of collective 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 Re- lations 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 GENERAL MOTORS CORPORATION 281 bargaining with General Motors Corporation , Research Laboratories Division, Detroit, Michigan,, 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, under the direction and supervision of the Regional Director for the Seventh 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 all processing and maintenance employees who were in the employ of or on the seniority list of General Motors Corporation at the plant of its Research Laboratories Division, located at 485 West Mihvau- kee Avenue, Detroit, Michigan, during the pay-roll period in which August 17, 1940, fell, excluding direct representatives of the man- agement, such as officers and directors of the Company , sales man- agers and assistant sales managers, factory managers and assistant factory managers, directors and employees of sales, accounting, per- sonnel, and industrial relations departments , directors of purchases and assistant directors of purchases , superintendents and assistant superintendents , general foremen , 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 (but not to include mainte- nance patrolmen or fire patrolmen ), all clerical employees, pattern makers, designing (drawing board) production, estimating and plan- ning engineers, draftsmen, and detailers, physicists, chemists, metal- lurgists, artists, designers, designer-artists, and clay and plaster modelers (but not those who make patterns ), timekeepers, technical school students , and those technical or professional employees who are receiving special training, to determine whether they desire to be represented by C. I. O.-U. A. W. or by M. E. S. A. for the purposes of collective bargaining, or by neither. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES October 29, 1940 On September 16, 1940, the National Labor Relations Board, herein called the Board; issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Elec- tion, an election by secret ballot was conducted on October 15, 1940, under the direction and supervision of the Regional Director for the 282 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD Seventh Region .(Detroit, Michigan). On October 16, 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 objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list_ _____________________________________ 222 Total ballots cast__ _________________________________________ 191 Total ballots challenged_____________________________________ 0 Total blank ballots______ __________________________________ 0 Total void ballots -------------------------------------------- 0 Total valid votes cast______________________________________ 191 Votes cast for M. E. S. A____________________________________ 12 Votes cast for C. I 0 -U. A. W______________________________ 168 Votes cast for neither_____________________________________ 11 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 National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that, International Union, United Automo- bile Workers of America, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all processing and maintenance employees at the Research Laboratories Division of General Motors Corporation, excluding direct representa- tives of the management, such as officers and directors of the Com- pany, sales managers and assistant sales managers, factory managers and assistant factory managers, 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 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 production employees (but not to include maintenance patrolmen or fire patrolmen), all clerical employees, pattern makers, designing, (drawing board) production, estimating and planning engineers, draftsmen, and detailers, physicists, chem- ists, metallurgists, artists, designers, designer-artists, and clay and plaster modelers (but not those who make patterns), -timekeepers, technical school students, and those technical or professional em- ployees who are receiving special training, as their representative for GENERAL MOTORS CORPORATION 283 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 Organizations, 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. 27 N. L. R. B., No. 58a.