General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET EXPORT DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA (C. I. 0.) 1 Case No. R-93169.Decided December 5, 1940 Jurisdiction : automobile part manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union and request that certification be ob- tained ; election necessary. - Unit Appropriate for Collective Bargaining : all production and maintenance, unloading, receiving and shipping employees including stock handlers and powerhouse employees, but excluding direct representatives of the manage- ment, supervisory and clerical employees, time-study men, estimating and planning engineers, and plant protection employees other than maintenance patrolmen and fire patrolmen. Mr. John T. Smith, and Mr. Kevin McInerney, of New York City, for the Company. Mr. Maurice Sugar, and Mr. Ernest Goodman, of Detroit, Mich., and Liebman, Robbins, Pressman c Leider, by Mr. Harold L. Cam- mer, of New York City, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 24 and October 2, 1940, respectively, International Union, United Automobile -Workers of America (C. I. 0.), herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition and an amended petition alleg- ing that a question affecting commerce had arisen concerning the -representation of employees of General Motors Corporation, Chev- rolet Export Division, Bloomfield, New Jersey, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On November 1, 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 28 N. L. R. B., No. 54. - 322 r GENERAL MOTORS CORPORATION 323 National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On November 14, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on November 25, 1940, before Shad Polier, the Trial Examiner duly designated by the Board. The Company' and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, counsel for the Company objected to the introduction in evidence of the amended petition because he alleged.it contained irrelevant lan- guage. The Trial Examiner overruled the objection. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company is a Delaware corporation with its principal business offices located in New York City and with other offices in Detroit, Michigan. The Company, has several unincorporated divisions. The division with which we are here concerned, Chevrolet Export Division, maintains a plant at Bloomfield, New Jersey, when it is engaged in the boxing of automobile parts. All the parts boxed at the Bloomfield, New Jersey, plant of Chevrolet Export Division are shipped to it from points outside the State of New Jersey, and all the boxed parts are in turn shipped by it to points outside the United States. The Company admits that its Bloomfield, New Jersey, plant of Chevrolet Export Division is engaged in commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Or- ganizations. It admits to membership all production, maintenance, unloading, receiving, and shipping employees at the Bloomfield, New Jersey, plant of Chevrolet Export Division of the Company, includ- ing stock handlers and powerhouse employees, but excluding super- 41 n07-42-vol 2S--22 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD visory and -clerical employees, estimating and planning engineers, and plant protection employees other than maintenance patrolmen and fire patrolmen. III. THE QUESTION CONCERNING REPRESENTATION The Union claiming to represent a majority of the employees at the Bloomfield, New Jersey, plant of Chevrolet Export Division has requested the Company to bargain with it as exclusive representative of the employees. The Company refused to bargain with the -Union until it had-been certified by the Board._ 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. THE APPROPRIATE UNIT The Company and the Union agreed by stipulation that the appro- -priate unit should consist of all production, maintenance, unloading, receiving, and- shipping employees at the Bloomfield, New Jersey, -plant of Chevrolet Export Division of the Company, including stock handlers and powerhouse employees, but excluding direct repre- sentatives of the management, supervisory and clerical employees, -time-study men, estimating and planning engineers, and plant protec- tion employees other than maintenance patrolmen and fire patrolmen. We see no reason for departing from such unit. - - We find that all production, maintenance, unloading, receiving, and shipping employees at the Bloomfield, New Jersey; plant of, Chevrolet Export Division of the Company, including stock handlers and power- house employees, but excluding direct representatives of the manage- ment, supervisory and clerical employees, time-study men, estimating and planning engineers, and plant protection employees other than -maintenance patrolmen and fire patrolmen, constitute a unit appropri- ate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right -to self-organization and to collective bargaining and otherwise effectu- -ate the policies of the Act. GENERAL MOTORS CORPORATION VI. THE DETERMINATION OF REPRESENTATIVES 325 We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The parties agreed that eligibility of em- ployees • to vote should be determined • by the ^ Company's pay roll immediately preceding the date of the Direction of Election. We find that the employees of the Company eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, 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 those employees who have since quit or been discharged for cause. The Union requested that it appear on the ballot as "United Auto- 'mobile Workers (C. I. 0.)." The request is hereby granted. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW I 1. A question affecting commerce has arisen concerning the repre- sentation of 'employees at the Bloomfield, New Jersey, plant of Chev- rolet Export Division of General- Motors Corporation, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production, maintenance, unloading, receiving, and shipping employees at the Bloomfield, New Jersey, plant of Chevrolet Export Division of the Company, including stock handlers and powerhouse employees, but excluding direct representatives of the management, supervisory-and clerical employees, time-study men, estimating and planning engineers, and plant protection employees other than main- tenance patrolmen and fire patrolmen , 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, 49 Stat. 449, and-pursuant to Article III, Section 8, of National Labor Relations Board Rules , and Regulations-Series 2, is amended, it is hereby . 326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with General Motors Corporation, Chevrolet Export Division, Bloom- field, New Jersey, 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 Second 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, maintenance, unloading, receiving, and shipping employees at the Bloomfield, New Jersey, plant of Chevrolet Export Division of the Company who were employed during the pay roll period immediately preceding the date of this Direction, including stock handlers, powerhouse employees, 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 direct repre- sentatives of the management, supervisory and clerical employees, time-study men, estimating and planning engineers, plant protection employees other than maintenance patrolmen and fire patrolmen,, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United, Automobile Workers (C. I. 0.) for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIs took no part in the consideration of the above Decision and Direction of Election. - SAME TITLE CERTIFICATION OF REPRESENTATIVES JanuaD y S, 19.11 ' On December 5, •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 Decision of Election, an election by secret ballot was conducted on December 19, 1940, under the direction and supervision of the Regional Director for the Second Region (New York City). On December 20, 1940, the Regional Direc- tor, acting pursuant to Article-III, Section 9, of National Labor Rela- tions 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. GENERAL MOTORS CORPORATION 327 As to the balloting and its results, the-Regional Director reported as follows : Total number eligible to vote-------------------------------- 373 Total number of ballots cast--------------------------------- 302 Total number of valid ballots-------------------------------- 357 Total number of votes in ,favor of United Automobile Workers" (C. I. O.)------------------------------------------------ 309 Total number of votes against aforementioned union---------- 48 Total number of blank votes--------------------------------- 0 Total number of void ballots--------------------------------- 2 Total number of challenged votes---------------------------- 3 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, 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 production, maintenance, unloading, receiving, and' shipping em= ployees at the Bloomfield, New Jersey, plant, of Chevrolet Export Division of General Motors Corporation, including stock handlers and powerhouse employees, but excluding direct representatives of the management, supervisory and clerical employees, time-study men, estimating and planning engineers, and plant-production employees other than maintenance patrolmen and fire patrolmen, as their repre- sentative for the purpose of collective bargaining, and that, pursuant to Section 9 (a) of the Act, International Union, United Automo- bile 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. 28 N. L. R. B., No. 54a