General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION and AMERICAN POWER ASSOCIATION, INDEPENDENT Case No.'R-2965.Decided October 28, 1941 Jurisdiction : automobile manufacturing industry. Investigation and Certification of Representatives : existence of questions: stip- ulated that question concerning representation exists in that Company refused to recognize petitioner as sole collective bargaining representative of its em- ployees; rival labor organization which presented no evidence in support of its claim to represent employees in the appropriate unit accorded place on ballot, since petitioner had no objection and since rival organization had contracts covering other employees of Company ; elections necessary. Units Appropriate for Collective Bargaining : all shift operating engineers em- --pldyed in powerhouses of three of Company's plants excluding chief engineers and assistant chief engineers, constitute three separate units, one for each of the plants. Mr. Robert C. Carson, of Detroit, Mich., for the Company. Mr. Philip D. Deceter, of Detroit, Mich., for the Association. Mr. Maurice Sugar, by Mr. Ernest Goodman, of Detroit, Mich., for the United. Mr. Frederic B. Parkes, 2nd, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On July 23, 1940, American Power Association, Independent, herein called the Association, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of General Motors Corporation, Detroit, Michigan, herein called the Company, 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 22, 1941, the National - Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of of National Labor Relations Board Rules and Regulations-Series 2, 36 N. L. R. B., No. 87. 439 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 30, and September 2, 1941, respectively, the Regional Director issued a notice of hearing and a notice of change of hearing date, copies of which were duly served upon the Company and the Association and upon United Automobile Workers of America, C. 1. 0." herein called the United, and International Union of Operating En- gineers, A. F. L., labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on September 5, 1941, at Detroit, Michigan, before Colonel C. Sawyer, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the Association, and the United were rep- resented and participated in the hearing.2 Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. The Trial Exam- iner granted the motion of the United to intervene and, during the course of the hearing, made various rulings on other 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 BIISINESS OF THE COMPANY General Motors Corporation is a Delaware corporation with its prin- cipal business offices in New York City, and Detroit, Michigan. Tern- stedt Manufacturing Division, an unincorporated division of the Com- pany, produces automobile and household appliances, hardware, parts, and accessories at its plant in Detroit, Michigan. During the course of a year, approximately 52 per cent of the productive materials, includ- ing raw and fabricated or partially fabricated articles, used in the man- ufacturing operations-of the Ternstedt Manufacturing Division,' are obtained from sources outside the State of Michigan. During the same period more than 65 per cent of the products of the Ternstedt Manufacturing Division are shipped to points outside the State of Michigan. Fisher Body Division, another unincorporated division of General Motors, maintains a plant known as Plant No. 23 at Detroit, Michigan, where it is engaged in the manufacture of tools and dies for the stamping of sheet-metal body parts. During the course of a year, 1 Sometimes referred to at the hearing as United Automobile, Aircraft, Agriculture and Implement Workers, affiliated with the Congress of Industrial Organizations. 2 International Union of Operating Engineers , A. F. L., did not appear at the hearing. GENERAL MOTORS CORPORATION 441, approximately 5 per cent of the productive materials, including raw and fabricated or partially fabricated articles, used in the manufac- turing operations of the Fisher Body Division, Plant No. 23, are ob- tained from sources outside the State of Michigan and more than 35 per cent of the products of Fisher Body Division, Plant No. 23, are shipped to points outside the State of Michigan. Plant No. 23 is also engaged in the manufacture of naval-gun housings. During the course of a year, approximately 95 per cent of the materials used in this manufacturing operation are obtained from sources outside the State of Michigan and approximately 98 per cent.of these products are shipped to points outside the State of Michigan. Fisher Body Division also maintains a plant known as Plant No. 10 at Detroit, Michigan, where it maintains operations for the crating, shipping, and distribution of automobile body parts for export purposes. During the course of a year, approximately 11 per cent of the productive mate- rials used by Plant No. 10 are obtained from sources outside the State of Michigan and approximately 100 per cent of the products of Plant No. 10 are shipped to points outside the State of Michigan. At the plants herein involved, the Company employs approximately 11,500 employees. II. THE ORGANIZATIONS INVOLVED American Power Association is an unaffiliated labor organization, admitting employees of _the Company to membership. United Automobile Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting employees of the Company to membership. III. THE QUESTIONS CONCERNING REPRESENTATION The Company, the Association, and the United stipulated at the hearing that a question concerning representation exists in that the Association requested by letter on July 3, 1940, that the Company recognize it as the sole collective bargaining representative for the operating shift engineers in Fisher Body Division, Plants No. 10 and No. 23 and Ternstedt Manufacturing Division, and that the Company, in a letter dated July 12, 1940, refused to grant such recognition until the Association has been certified by the Board. The parties further stipulated that the United has made no demand for recognition. A report of the Regional Director introduced in evidence at the hearing shows that the Association represents a substantial number of employees in the unit found below to be appropriate.3 3 The Association' submitted to the Regional Director 12 application cards dated between February 9 and July 17, 1940, and on June 25, 1940, a letter, "reaffirming the affiliation with that organization of 12 persons who have been continuously employed by the Cor- poration since the filing of this portion," and a petition dated February 5, 1940, contain- ing the names of 6 employees of Fisher Body Plant No. 23 powerhouse. The Regional 442' DECISIONS OF NATIONAL'---LABOR -RELATIONS BOARD We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The' Association and the United contend that all shift operating engineers employed at the Company's Fisher Body Division power- houses at Plants Nos. 10 and 23 and at the Company's Ternstedt Manufacturing Division powerhouses,4 including assistant 'chief engi- neers, but excluding chief engineers, constitute three separate units, one for each of the three named plants, appropriate for the purposes of collective bargaining. The Company claims that all the shift operating engineers are supervisory. employees performing duties so closely allied with the management that they may not properly con- stitute-units appropriate for collective bargaining. The Company also urges the exclusion of the chief engineers and the assistant chief engineers from the appropriate units. - The powerhouses here involved utilize steam boilers, which produce steam for space heating and for various. productive processes, as well as air-compressor machines, large ice-producing machines, and auxil- iary equipment. The shift operating engineers 5 are responsible for Director reported that a comparison of such evidence with the Company 's pay roll of July 15, 1941 , for Fisher Body Division indicated that the Association represents 4 of 5 shift operating engineers in No . 23 powerhouse . He further reported that after comparing the evidence with the Company 's pay roll of July 21, 1941, for the Ternstedt Manufactur- ing Division, it appears that the Association represents 4 of 4 shift operating engineers there employed in the main plant. There are approximately 13 employees within the three units found below to be appropriate . The United submitted to the Regional Director no evidence in support of its claim to represent operating engineers but the Association stated that it had no objection to the United being accorded a place on the ballot. The United has contracts with the Company covering the production and maintenance employees of the plants here involved . In view of the existing contracts the Trial Examiner granted the United's motion to intervene. 4 Apparently the Association 's original petition did not cover Plant No. 16 of Ternstedt Manufacturing Division ; but since all the parties stipulated that references in the peti- tion and elsewhere in the record were intended to include the powerhouse of Plant No. 16 as well as that of the main plant of Ternstedt Manufacturing Division , we shall treat the stipulation as a clarification of the original petition filed by the Association. 5 The main plant of Ternstedt Manufacturing Division employs 3 or 4 shift operating engineers , . one each shift and sometimes 2 on the first shift. Each of the other three plants employs 3 shift operating engineers. GENERAL MOTORS' CORPORATION 443 the safe: operation of the powerhouse equipment and work under the direction of the three chief engineers, one of whom is the superin- tendent in charge of each of the three named plants.° The shift operating engineers spend approximately 75 or 80 per cent of their time looking after machine operations and approximately 10 per cent in cleaning the machines and making reports. They supervise, to a certain extent, the work of the firemen, who attend to the boiler fires, keeping the pressure and stack temperatures at a required degree, and the repairmen working on the same shift;? as well as outside repair- men. The shift operating engineers have the authority to recommend to the chief engineer the discharge, .promotion, or demotion of fire- men and repairmen. In our opinion, these duties are not of a char- acter to deprive the shift operating engineers of the right to collective bargaining. In view of all the circumstances, we find that the shift operating engineers at each of the three above-named plants constitute units appropriate for collective bargaining purposes." The Association and the United would include, and the Com- pany would exclude, assistant chief engineers.9 Although the super- visory duties of the assistant chief engineers vary in the respective powerhouses,10 it appears that at each plant the assistant chief engi- neer assumes the duties of the chief engineer in the absence of the latter and that each assistant chief engineer has essentially the same authority as the • chief engineer to recommend the discharge, promo- tion, and demotion of the powerhouse employees working under his supervision. The assistant chief engineers direct the work of the shift operating engineers and transmit orders left with them by the chief engineers. The chief engineers and the assistant chief engineers are subject to. call at any time of the day or night in cases of emer- gency. The assistant chief engineers receive a somewhat larger salary 6 One chief engineer is in charge of the operations of the powerhouses of the main plant and Plant No. 16 of Ternstedt Manufacturing Division. 7 The main plant and Plant No. 16 of Ternstedt Manufacturing Division each employ three: firemen, one for each shift, and a repairman for the first shift. On each of the three shifts -at Fisher Body Division, Plant No. 23, a fireman, fireman's helper, and oiler are employed . At Fisher Body Division, Plant No. 10, there are two repairmen, a helper, and coal man on the first shift and one fireman on each of the other two shifts. 8 See Matter of General Motors 'Corporation, Chevrolet Division and International Union of Operating Engineers , Local 20 and 20-A, 28 N. L. It. B., No. 122; Matter of Industrial Rayon Corporation and International Brotherhood of Firemen & Oilers, Local No. 589, 589A, 589B (AFL), 33 N. L. It. B., No. 116. 9 An assistant chief engineer is employed at each of the four powerhouses, working in general, the hours of the first shift. 10 The shift operating engineer on the first shift at Fisher Body-Division, Plant No. 10, is classified as the assistant chief engineer. His duties are the same as the two shift operating engineers there employed except that he assumes the duties of the chief engi- neer in his absence and tests the feed water. The assistant chief engineer at the main plant of Ternstedt Manufacturing Division works two days a week as the shift operating engineer. The assistant chief engineer at Fisher Body Division, Plant No. 23, exercises more supervisory duties than the other assistant chief engineers , since the chief engineer is rarely at the plant. 444 DECISIONS OF -NATIONAL -LABOR ,RELATIONS BOARD than do, the shift operating engineers. We shall exclude - assistant chief engineers from the appropriate units. - We : find that all- shift operating engineers employed at the Com- pany's Fisher-Body;Division powerhouses, Plants Nos. 12 and 23, and at the Company's Ternstedt Manufacturing Division powerhouses, excluding- chief engineers and assistant chief engineers, constitute three separate units, one for each of the three named plants, appro- priate for the purposes of collective bargaining and that said units will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and. otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation which have :arisen can best be resolved by means of elections by secret ballot. The Association stated that it had no objection to the. United being accorded a place on the ballot, and we shall so direct. In accordance with the stipulation of the parties, we shall direct that those persons. eligible to vote in the election shall be those in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to such limita- tions and additions as are set forth in the Direction. . 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. Questions affecting commerce have arisen concerning the repre- sentation of employees of Ternstedt Manufacturing Division, and Fisher Body Division, Plants Nos. 10 and 23, of General Motors -Cor-- poration, Detroit, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All shift operating engineers employed at the Company's Fisher Body Division powerhouses, Plants Nos. 10 and 23, and at the Com- pany's Ternstedt Manufacturing Division powerhouses, excluding chief engineers and assistant chief engineers, constitute three separate units, , one for each of the three named plants, appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby GENERAL MOTORS'. CORPORATION 445, DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with General Motors Corporation, Ternstedt Manufacturing Division and Fisher Body Division, Plants Nos. 10 and 23, Detroit, Michigan, elections 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 Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company in each of the three groiups described hereinafter 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 or in the active military service or training of the United States, or temporarily laid off, but excluding -chief engineers and assistant chief engineers, and employees who have since quit or been discharged for cause : (1) Among all shift operating engineers employed at the Com- pany's Ternstedt Manufacturing Division powerhouses to determine whether they desire to be represented by American Power Association,. Independent, or by United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither; (2) Among all shift operating engineers employed at the power- house of the Company's Fisher Body Division, Plant No. 10, to deter- mine whether they desire to be represented by American Power Asso- ciation, Independent, or by United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for,the-pur- poses of collective bargaining, or by neither; and (3) Among all shift operating engineers employed at the power- house of the Company's Fisher Body Division, Plant No. 23, to deter- mine whether they desire to be represented by American Power Asso- ciation, Independent, or by United Automobile Workers of America, affiliated with the Congress of Industrial. Organizations, for the pur- poses of collective bargaining, or by neither. MR. GERARD D. REJLLY took no part in the consideration of the above Decision and Direction of Elections.