General Motors Corp.

National Labor Relations Board - Board Decisions

Apr 20, 1943

48 N.L.R.B. 1404 (N.L.R.B. 1943)

In the Matter of FRIGIDAIRE DIVISION GENERAL MOTORS CORPORATION
and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA
(C. I. 0.) LOCAL 801
Case No. R-4962.-Decided April 20,1943
Jurisdiction : ordnance manufacturing industry. .
Investigation and Certification of Representatives : existence of question: -dis-
pute as to appropriate unit; election necessary.
Unit Appropriate for Collective Bargaining : employees in the tool design de
partment of one of company's plants found to constitute an appropriate unit
notwithstanding company's contention for a four-plant unit when organiza-
tion had not extended beyond the plant involved.
Messrs. Henry M. Hogan and Harry S. Benjamin, Jr., of Detroit,
Mich., for the Company. -
Mr. Arthur L. Garfield, of Dayton, Ohio, for Local 801. =
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America (C. I. 0.) Local 801, herein called Local 801,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Frigidaire Division, General
Motors Corporation, Dayton, Ohio, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before James A. Shaw, Trial Examiner. 'Said hear-
ing was held at Dayton, Ohio, on March 5, 1943. The Company and
Local 801 appeared, participated; and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence at the hearing. The Trial Examiner's rulings made at the
hearing are•free from prejudicial error and are hereby affirmed. The
Company filed-a brief which the Board has considered.
48 N. L. R. B., No. 174.
1404 -
FRIGIDAIRE :DIVISION' GENERAL_ MOTORS, CORPORATION 1405,
Upon the entire record in the case- the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
General Motors Corporation, a Delaware corporation with its prin
cipal office in New York City, functions with several unincorporated
divisions,, among which is the Frigidaire Division with its main office
in Dayton, Ohio, and with plants in Dayton and Moraine, Ohio,, where'
it manufactures products and equipment for the armed forces of the
United States. The Frigidaire Division now operates two plants
in Dayton, Ohio, and two plants in Moraine, Ohio. Plant #1, with
which we are concerned herein, is located in Dayton, Ohio. 'Approxi-
mately 50 percent of the productive materials, including raw mate-
rials and fabricated or'partially fabricated articles, used in the manu-
facturing and, fabricating operations of the Frigidaire Division, is
'obtained from points outside the State of Ohio. Approximately 90
percent of the value,of the manufactured products of the Frigidaire
Division is shipped' to points outside the State of Ohio. We find that
the Company is engaged in commerce within the meaning of the
National Labor Relations Act. '
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local 801,
is a labor, organization affiliated with the Congress of Industrial
,Organizations, admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On December 3,1942, Local 801, by its president, requested in writing
to be recognized as the sole collective bargaining agent for the tool
designers of the Company engaged in Plant #1. This request was
acknowledged in a letter by the Company on December 9, in which the
Company stated that it could not agree to the appropriateness of the
unit sought by Local 801 and that the matter should be referred to the
Board for decision.
A statement of the Trial Examiner, introduced into evidence at the
hearing, indicates that Local 801 represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1 The Trial Examiner reported that Local 801 submitted 9 designation cards bearing
apparently genuine original ' signatures . The Company refused to submit a pay roll until
the date of the hearing and on that date submitted a pay roll dated March 4, 1943, which
contained 20 names in the appropriate unit. The Trial Examiner reported that he checked
the names on the cards submitted by Local 801 against this pay roll.
4406 - DECISIONS OF -NATIONAL', IiABOR , RELATIONS BOARD';
IV. THE APPROPRIATE UNIT
Local 801 contends that the tool designers engaged at Plant #1
constitute an appropriate unit. The Company contends that the tool
designers engaged at the four plants of the Frigidaire Division con-'
stitute an appropriate unit, basing this contention upon the fact that
Local 801 represents several classifications of employees other than
tool designers, under collective bargaining contracts in which such
employees in all four plants are treated as a single, unit. The Com-
pany also points out that it is now bargaining with, another local of
the same union for plant guards and watchmen in all four plants, and
argues that the position of Local 801 in the instant, case is a reversal
of the position taken by it in previous bargaining relations.
The record discloses that although there was some interchange of
tool designers when Plants #2, #3, and #4 were established, at the
present time all plants have their own tool 'designing departments,
and there is now little, if any, interchange of personnel between them
with regard to tool designers. The record does not indicate any or-
ganizational activities conducted by Local 801 among the tool designers
in any plants other than Plant #1, but it has produced evidence of a
substantial interest in the unit which it seeks to represent. To hold
that these employees are not an appropriate unit would deny the
benefits of the Act to these employees until they and other employees
of the Company in some larger unit have been organized. In, order
to render collective bargaining an immediate possibility, we find that
the unit requested by Local 801, composed of tool designers at Plant
#1, is appropriate at this time for the purposes of collective bargain-
ing. We do-not thereby preclude future reconsideration of the appro-
priateness of a larger unit, should organization of the 'Company's
employees be extended.
In view, of the above, we find that all tool designers and the Com-
pany at Plant #1, excluding supervisory employees, constitute a unit
apporpriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
FRIGIDAIRE DIVISION GENERAL MOTORS CORPORATION 1407 -
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 Relations Act;
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Fri idaire Divi-
sion, General Motors Corporation ;Dayton , 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, 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 10, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll,period immediately preceding the
date of this Direction , including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces 'of the United'
States who present themselves in person at the polls , but excluding
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Electrical , Radio & Machine Workers of America, Local 801, affili-
ated with the Congress of Industrial Organizations , for the purposes of
cellective bargaining.