General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION, DELCO-REMY DIvi- SION 'a'l7d INTERNATIONAL UNION. UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0. - Case No. R-2031.-Decided September 30, 7040 Jurisdiction : automobile parts manufacturing industry. investigation and Certification of Representatives : existence of question: agree- ment as to ; election necessary. Unit Appropriation for Collective Bargaining : production and maintenance em- ployees and mechanical employees in the engineering department shop excluding specified employees ; no dispute as to. Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., for the C. I. O.-U. A. W. Mr., Carlos J. Jolly, of Detroit, Mich., for the Company. Mr. Clarence 0. Davi8son, of Anderson, Ind., for Local No. 1. Mr. Ben Law, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE - On July 25, 1940, International Union, United Automobile Work- ers of America, affiliated with the Congress of Industrial Organi- zations, 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 representation of employees- of General Motors Corporation, Delco-Remy Division, Anderson, Indiana, herein called the Com- pany, 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 August 23, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, 1 On August 7, 1940, the Board, acting pursuant to Article III, Section 10 (c) (3), of National Labor Relations Board Rules and Regulations-Series 2, as amended , issued its order transferring the proceeding from the Seventh Region (Detroit, Michigan) to the Eleventh Region (Indianapolis , Indiana). 27 N. L. R. B., No. 111. 591 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of National Labor Relations Board Rules and Regulations-Series -2, as amended, ordered an investigation and authorized the Regional Director of the Eleventh Region to conduct it and to provide for an appropriate hearing upon due notice. On August 30,1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the C. I. 0.- U. A. W., and United Automobile Workers of America,- affiliated with the American Federation of Labor, herein called the A. F. L.-U. A. W., an organization alleged in the petition to have an.interest in the sub- ject matter of the proceeding. On September 3, 1940, the A. F. L.- U. A. W. filed notice with the Regional' Director that it did not wish' to participate in the instant proceeding. Pursuant to notice, a hear- ing was held on September 5, 1940, at Anderson, Indiana, before Arthur R. Donovan, the Trial Examiner duly designated by the Board. The Company and C. I. O.-U. A. W. were represented by counsel and participated in the hearing. At the start of the hearing a petition to intervene was filed with the Trial Examiner by Local No. 1, National Independent Unions of America', Inc., herein called Local No. 1, an organization claiming to have an interest in the subject matter of the proceeding.2 This petition was denied by the Trial Examiner.. The Board has reviewed the ruling of the Trial Examiner and finds that no prejudicial errors were committed. The ruling is hereby affirmed. During the hearing the Company and the C. I. O.-U. A. W. entered into and incorporated in the record a stipulation as to certain of the issues involved in this proceeding. The Board hereby approves this stipulation. Upon the basis of this stipulation and the entire record in the case, the Board makes the following: . ' - FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY , . General Motors Corporation, a Delaware corporation having its principal business offices in New York City, is engaged, among other things, in the manufacture and assembly of automobiles and parts and At the hearing Local No 1 took the Position that it was and is the successor to and closely connected with or the same thing as Delco-Remy Employees Association, Inc , chartered in August 1937 by National Independent Unions of America , Inc, as Delco-Remy Employees' Association ; Inc, Local No. 1, National Independent Unions of America, Inc. In Matter- of General Motors Corporation , and Delco-Rem. Corporation and-International Union United Automobile Workers of America, Local No. 146, 14 N . L. R. B. 113, the Board found that the Company had dominated, interfered with, and contributed support to the administration of the above -discussed organization , first known as Delco -Remy Employees Association, Inc , and thereafter as Delco -Remy Employees Association , Inc , Local No. 1, National Independent Unions of America, Inc. . GENERAL MOTOR'S' CORPORATION, DE'LC'O-!REMY D'IVISSON 593, accessories thereof. For bush-less reasons it functions with several - unincorporated divisions. With one of these, the Delco-Remy Divi- sion, which maintains a plant in Anderson, Indiana, this case is pri- marily concerned. Through its Delco-Reny Division the Company manufactures generators, starting motors, ignition systems, locks, and parts thereof, and other electrical equipment for automobiles. Well over 50 per cent of the materials used in such manufacture are obtained from sources outside the State of Indiana. Well over 85 per cent of the completed manufactured products are shipped to destinations, outside the State of Indiana. H. THE ORGANIZATION INVOLVED C. I. O.-U. A. W. is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION At the hearing the C. I. O.-U. A. W. and the Company agreed that the-former has asked the latter for recognition as the exclusive bar- gaining agent for employees in an appropriate unit at the plant of the Company's Delco-Remy Division and that the Company has re- fused such recognition. A statement made by the Regional Director setting forth the results of an examination made by him of evidence of representation sub- mitted by the C. I. O.-U. A. W. shows that it represents a substantial number of employees at the Anderson, Indiana,* plant of the Com- pany's Delco-Re'my Division .3 We find that a question has arisen concerning the representation of employees of the Company at the Anderson, Indiana, plant of the Delco-Remy Division. 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 3 The Regional Director reported that the C. I. O.-U. A. W. submitted a petition with a heading which specified that the signers designated that organization to act as their representative foi purposes of collective bargaining ; that to this petition were appended 2.410 signatures of recent date , and that such signatures had not been checked against the Company's pav roll In an election conducted on April 17 , 1940 , at the Anderson , Indiana, plant of the Com- pany's Delco-Remy Division , the C. I . O.-U. A. W. polled 2 ,454 votes out of 5 ,916 valid votes cast- See Matter, of General Motors Corporation and International Union, U. A. W. A., affiliated with the A F L ., etc, 24 N L. R B. 159; 25 N. L. R. B. 258. 323428-42-vol. 2 7-1i 9 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 b The C. I. O.-U. A. W. and the Company agreed that the appropriate unit should consist of all production and maintenance employees and mechanical employees in the engineering department shop, who are employed by General Motors Corporation, Delco-Remy Division, ex- cluding, however, direct representatives of the management, such as officers and directors of the Company, sales managers, directors, and employees 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 and fire patrolmen), all clerical employees, chief engineer and -shift operating engineers in power plants, designing (drawing board), production estimating and plan- Iiing engineers, draftsmen and detailers, physicists, chemists, metal- lurgists, timekeepers, technical school students, indentured apprentices, and those technical or professional employees who are receiving special training. We see no,reason for departing from such unit. We find that the above-stated unit is appropriate for the purposes of collective bargaining and that such 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 We find that the question concerning representation which has arisen can best be resolved by.holding an election by secret ballot. The C. I. O.-U. A. W. and the Company agreed that persons eligible to vote in the election should be those in the appropriate unit who were in the employ of the Company, or on the seniority list of the Anderson, Indiana, plant during the pay period in which August 31, 1940, fell. We see no reason for departing from the wishes of the parties in this respect. The persons eligible to participate in the election shall be the employees in the appropriate unit whose names appeared upon the pay roll or the seniority list of the Anderson, Indiana, plant during the pay period in which August 31, 1940, fell. GENERAL MOTORS CORPORATFON, DELGO-REMY DIVDSSON 595, 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 General Motors Corporation, Delco-Remy Division, Anderson, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees and mechanical em- ployees in the engineering department. shop, who are employed by General Motors Corporation, Delco-Remy Division, Anderson, In- diana, excluding, however, direct representatives of the manage- ment, such as officers and directors of the Company, sales managers, directors, and employees of sales, accounting, personnel, and indus- trial relations departments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents, general 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 recom- mendation 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 patrol- men and fire patrolmen), all clerical employees, chief engineer and shift operating engineers in power plants, designing (drawing board), production estimating and planning engineers, draftsmen and de- tailers, physicists, chemists, metallurgists, timekeepers, technical school students, indentured apprentices, and those technical or pro- fessional 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 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with General Motors Corporation, Delco-Remy Division, Anderson, Indiana, 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 of 'Election, under the direction and supervision of the 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -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 all production and maintenance employees and mechanical employees in the en- gineering department shop, who are employed by General Motors Corporation, Delco-Remy Division, Anderson, Indiana, who were- in the employ of or on the seniority list of the plant during the pay period in which August 31, 1940, fell, excluding, however, direct representatives of the management, such as officers and directors of the Company, sales 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 assist- ant foremen, and all other perons 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 main- tenance patrolmen and fire- patrolmen), all clerical employees, chief engineer and shift operating engineers -in power plants, designing (drawing board), production estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, timekeep- ers, technical school students, indentured apprentices, and those tech- nical or professional employees who are receiving special training, to determine whether or not they desire to be represented by Inter- national Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. _ [SAME TITLE] CERTIFICATION OF REPRESENTATIVES November 8, 1940 On September 30, 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 Elec- tion, an election by secret ballot was conducted on October 22, 1940, under the direction and supervision of the Regional Director for Eleventh Region (Indianapolis, Indiana). On October 24, 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 to the proceed- GE RAL I\1OTO14 CORPORATION, DELCO R'EMY DTVISt'ON 597 ing his Election Report. 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 the results thereof, the Regional Director reported as follows : Total number of employees alleged eligible to vote--------- 6, 738 Total number of employees voted------------------------- 6, 424 Total number of valid votes cast-------------------------- 6,292 Total number of votes- for the International Union, United Automobile Workers of America, affiliated with the CIO ---------------------------------------------------- 3,894 Total number of votes against the International Union, United Automobile Workers of America, affiliated with th'e CIO -------------------------------------- I 2,398 Total number of blank ballots----------------------------- 63 Total number of void ballots------------------------------ 15 Total number of challenged ballots ---------'-------------- 54 The Regional Director reported that the 54 challenged ballots re- mained in their original sealed envelopes since they could not mate- rially affect the results of the 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that International Union, United Auto- mobile Workers of America, affiliated with the Congress of Indus- trial Organizations, has been designated and selected by a majority of all production and maintenance employees and mechanical em- ployees in the engineering department shop, who are employed by General Motors Corporation, Delco-Remy Division, Anderson, In- diana, excluding, however, direct representatives of the management, such as officers and directors of the Company, sales 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, 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 and fire patrolmen), all clerical employees, chief engineer and shift oper- ating engineers in power plants, designing (drawing board), pro- duction estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, timekeepers, technical school stu- 598 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dents, indentured apprentices, and those technical or professional employees who are receiving special training, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Union, United Automobile Workers of America, affili- ated 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. 111a.