General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET MOTOR DrvlsioN, NORWOOD PLANT and UNITED AUTOMOBILE WORKERS OF AMIJRICA, AFFILIATED WITH THE C. I. O. Case No. R-0024.-Decided June 08, 1941 Jurisdiction : automobile assembling industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; contract terminable upon 60 days' notice by either party thereto and in effect nearly 1 year, no bar ; contract executed after notice, no bar ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees and mechanical employees in engineering department shops at Nor- wood plant with specified inclusions and exclusions ; agreement to. Mr. Robert C. Carson, of Detroit, Mich., for the Company. Mr. Paul E. Miley, of Cleveland, Ohio, and Mr. Dale Toler, of Nor- wood, Ohio, for the U. A. W. A.-C. I. O. Mr. Peter G. Noll, of Norwood, Ohio, and Mr. William B. Mon-' tague, of Cincinnati, Ohio, for the U. A. W. A.-A. F. L. Mr. Marvin C. Wa/tZ, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 18, 1941, United Automobile Workers of America, affil- iated with the C. I. 0., herein called the U. A. W. A.-C. I. 0., filed - with the Regional Director for the Ninth Region ( Cincinnati, Ohio), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of General Motors Cor- poration, Chevrolet Motor Division , Norwood Plant, Norwood, Ohio, herein called the Company,' and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat . 449, herein called the Act. On May 27, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, i The caption of the case was amended at the hearing so that the name of the Company would be corrected to read as it appears herein. 33 N.'L. R. B., No. 7. 41 42 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 to conduct it and to provide for an appropriate hearing upon due notice. On May 29, 1941 , the Regional Director issued a notice of hearing, copies of which were 'duly served upon the Company, the U. A. W. A.-C. I. 0., and United Automobile Workers of America, A. F. of L., herein called the U. A. W.-A. F. L., a labor organization claiming to represent employees affected by the investigation. Pursuant to notice, a hearing was held on June 6, 1941, at Cin- cinnati, Ohio, before Alba B. Martin, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The Company was represented by counsel, U. A. W. A.-C. I. O. and U. A. W. A.-A. F. L. by their representatives ; all 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 the Trial Examiner made various 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 General Motors Corporation is a Delaware corporation, with prin- cipal offices located at New York City. At the Norwood plant of the Chevrolet Motor Division it assembles automobiles, trucks, and auto- mobile chassis. Over 57 per cent in value of production materials used at the Norwood plant, including raw, fabricated, and partially fabricated materials is obtained from sources outside of the State of Ohio. More than 68 per cent of the products manufactured at Nor- wood are shipped to points outside of the State. H. THE ORGANIZATIONS INVOLVED United Automobile Workers of America, affiliated with the Con- gress of Industrial Organizations , is a labor organization which admits to membership employees of the Company. United Automobile Workers of America, affiliated with the Ameri- can Federation of Labor, is a labor organization which admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 17, 1941, U. A. W. A.-C. I. O. requested the Company to recognize it as the bargaining agent for production, maintenance, and GENERAL MOTORS CORPORATION, CHEVROLET MOTOR DIVISTON 43 mechanical employees at the Norwood plant. The Company refused so to recognize U. A. W. A.-C. I. O. because of an existing agreement between it and U. A. W. A.-A. F. L. and because the latter union pre- viously had been certified by the Board On May 29, 1940, U. A. W. A.-A. F. L., after winning an election conducted on April 17,1940, was certified by the Board as the collective bargaining representative of the Company's employees. The Com- pany subsequently signed an. agreement with U. A. W. A.-A. F: L. dated July 15, 1940. This contract provides that it "shall continue in full force and effect until terminated by either party or changed by consent of both parties. Either party may terminate this Agree- ment, by giving 60 days' notice in writing." On March 28, 1941, U. A. W. A.-A. F. L. notified the Company of its desire to negotiate a new contract. Conferences between the Company and representa- tives of the Norwood local commenced on May 19, 1941. A contract was completed and is dated May 28, 1941. It provides, "This Agree- ment supersedes the Agreement of July 15, 1940, between the parties, which is hereby terminated." A witness for U. A. W. A.-A. F. L. testified that at the date of the hearing the parties were still perform- ing under the old contract.2 U. A. W. A.-A. F. L. now contends that its contract is a bar to a present determination of representatives and urges the dismissal of the petition herein. It states in support of its contention that no proceedings should be instituted before the Board before the contract has run for a period of at least 1 year. Assuming that the July 15, 1940, contract is still in effect, it should be noted that it is terminable upon 60 days' notice of either party thereto and that we certified U. A. W. A.-A. F. L. on May 29, 1940. It is clear that the contract does not preclude the Board from investi- gating and certifying a bargaining representative for the purpose of negotiating a new agreement for the period following July 15, 1941, if such is desired.s Assuming, on the other hand, that the July 15, 1940, agreement was terminated, the agreement of May 28, 1941, was ex- ecuted after all parties had notice of U. A. W. A.-C. I. O.'s claim to represent the employees and hence is no bar to an election 4 A Field Examiner's statement was introduced in evidence from which it appears that U. A. W. A.-C. I. O. has substantial representa- 2 for U. A. W. A.-A. F. L. contends that the July 15 , 1940, contract is a con- tinuous agreement and was merely modified by the May 28, 1941, agreement. 8katter of Chevrolet Kansas City Division, General Motors Corporation and Local #723, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organisations, 32 N. L. R. B. 249. 4 Matter of Equipment Steel Products Division of The Union Asbestos and Rubber Company and Local Union 2850, Steel workers Organizing Committee, affiliated with the 0. 1. 0., 31 N. L. R. B. 987 , and cases cited therein. 44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion among the employees of the Company in the alleged appropriate unit.5 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 rela- tion 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 All the parties agreed, and we find, that all production, mainte- nance, and mechanical employees in engineering department shops employed at the Norwood plant of the Company, except employees of sales, accounting, personnel and industrial relations departments, 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, chief engineers and shift-operating engineers in power plants, designing (drawing board), production, estimating and plan- ning engineers, draftsmen and detailers, physicists, chemists, metal- lurgists, artists, designer-artists and clay and plaster modelers, time- keepers, technical school students, indentured apprentices, and those technical or professional employees who are receiving training, kitchen and cafeteria help, constitute a unit appropriate for the purposes of collective bargaining.6 We find further 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 effectuate the policies of the Act. s The Field Examiner's statement shows that the petitioner submitted 706 signed mem- bership application cards all dated in 1940 -1941, with the exception of 19 which wetb undated and 1 which was dated May 1931. All signatures seemed to be genuine and ap- peared on the Company's June 4, 1941, pay roll, which contains 910 employees in the alleged appropriate unit . U. A. W. A:A. F. L. refused to offer any evidence as to its membership but stood upon its contract with the Company . It allmitted that its authoriza- tion cards were old, some as much as 7 years old. This unit is substantially the same as that contained in the agreement of July 15, 1940, between the Company and U. A. W. A: A. F. L. GENERAL MOTORS CORPORATION, CHEVROLET MOTOR DIVISION 45 VI. THE DETERMINATION OF REPRESENTATIVES 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 Company requests that a pay-roll list as of June 4, 1941, be used to determine eligibility to vote in the election. Neither U. A. W. A.-C. I. O. nor U. A. W. A.-A. F. L. take any position as to the eligibility date. Under the circumstances in the case, we shall direct that the employees eligible to vote in the election shall be those in the appropriate unit who were employed by the Company as of June 4, 1941, subject to such limitations and addi- tions as are set forth in the Direction hereinafter. 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 A. A question affecting commerce has arisen concerning the repre- sentation of employees of General Motors Corporation, Chevrolet Motor Division, Norwood plant, Norwood, Ohio, 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 engineering department shops employed at the Norwood plant of the Company, except employees of sales, accounting, per- sonnel and industrial relations departments, superintendents and as- sistant superintendents, general foremen, foremen and assistant fore- men, and all other persons working in a supervisory capacity, includ- ing 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, chief engi- neers and shift-operating engineers in power plants, designing. (draw- ing board), production estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, artists, designer- artists and clay and plaster modelers, timekeepers, technical school students, indentured apprentices, and those technical or professional employees who are receiving training, kitchen and cafeteria help, 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- 46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 bargaining with General Motors Corporation, Chevrolet Motor Division, Norwood plant, Norwood, Ohio, 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 Regional Director for the Ninth 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 pro- duction and maintenance employees in engineering department shops of General Motors Corporation, Chevrolet Motor Division, Norwood plant, Norwood, Ohio, who were employed by the Company as of June 4, 1941, including employees who did not work during such pay-roll period because they were ill or on vacation, or in the active military service or training of the United States, or temporarily laid off, but excluding employees of sales, accounting, personnel and indus- trial relations departments, superintendents and assistant superin- tendents, general foremen, foremen and assistant foremen, and all other persons working in a supervisory capacity, including those hav- ing the right to hire or discharge and those whose duties include recommendations 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, chief engineers and shift-operating engineers in power plants, designing (drawing board), production estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, artists, designer-artists and clay and plaster modelers, timekeepers, technical school students, indentured apprentices, and those technical or professional employees who are receiving training, kitchen and cafeteria help, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining by United Automobile Workers of America, affiliated with the Con- gress of Industrial Organizations, by United Automobile Workers of America, affiliated with the American Federation of Labor, or by neither. GENERAL MOTORS CORPORATION, CHEV'ROLET MOTOR DIVISION 47 [SAME TITLE] CERTIFICATION OF REPRESENTATIVES July 2S, 1941 On June 28, 1941, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election an election by secret ballot was conducted on July 15, 1941, under the direction and supervision of the Regional Director for the Ninth Region (Cincinnati, Ohio). On July 16, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. No objections to the conduct of the ballot or to the Election Report were filed by any of the parties. As to the balloting and the results thereof the Regional Director reported a5 follows : Number of alleged eltgi'ble•votes------------__----------------- 897 Number of ballots placed in ballot box------------------------ 859 Number of unchallenged ballots for United Automobile Workers of America (C. I. 0.) ----------------------- -------------- 677 Number of unchallenged ballots for United Automobile Workers of America (A. F. L.) ------------------------------------- 168 Number of unchallenged ballots for neither -------------- .----- 8 Number of challenged ballots-------------------------------- 0 Number of blank ballots------------------------------------- 1 Number of spoiled ballots----------------------------------- 5 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 HERESY CERTIFIED that United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, has been se- lected by a majority of all production and maintenance employees and mechanical employees in engineering department shops, employed at the Norwood plant of General Motors Corporation, Chevrolet Motor Division, Norwood, Ohio, except employees of sales, accounting, per- sonnel and industrial relations departments, superintendents and as- sistant superintendents, general foremen, foremen and assistant foremen, and all other persons working in a supervisory ca- pacity, 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 na- ture, time-study men, plant protection employees (but not to include 48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD maintenance patrolmen or fire patrolmen), all clerical employees, chief engineers and shift-operating engineers in power plants, designing (drawing board), production estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, artists, designer-artists and clay and plaster modelers, timekeepers, technical school students, indentured apprentices, and those technical or profes- sional employees who are receiving training, kitchen and cafeteria help, 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, 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 with respect to rates of pay, wages, hours of employment, and other conditions of employment. 88 N. L. R. B., No. 7a.