General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 28, 1974

212 N.L.R.B. 133 (N.L.R.B. 1974)

GENERAL MOTORS CORP.
General Motors Corporation (Chevrolet Engineering
Center) and Phillip R. Jackson , and International
Union, United Automobile Aerospace and Agricul-
tural Implement Workers of America (UAW), Party
to the Contract. Case 7-CA-10445
June 28, 1974
DECISION AND ORDER
BY MEMBERS JENKINS, KENNEDY, AND PENELLO
Upon a charge filed on June 22, 1973, by Phillip R.
Jackson, an individual, against Respondent, General
Motors Coporation (Chevrolet Engineering Center),
and served on Respondent on June 25, 1973, the Gen-
eral Counsel of the National Labor Relations Board,
by the Acting Regional Director for Region 7, issued
a complaint on November 7, 1973, alleging that Re-
spondent had engaged in and was engaging in unfair
labor practices affecting commerce within the mean-
ing of Section 8(a)(1) and Section 2(6) and (7) of the
National Labor Relations Act, as amended. Copies of
the complaint and notice of hearing were served on
the Respondent, the Charging Party, and the Party to
the Contract, International Union, United Automo-
bile, Aerospace and Agricultural Implement Workers
of America (UAW), herein called the UAW. Thereaf-
ter, Respondent filed a timely answer admitting cer-
tain factual allegations of the complaint but denying
the commission of any unfair labor practices. A hear-
ing before an Administrative Law Judge was sched-
uled for December 18, 1973.
Thereafter, on February 11, 1974, all parties herein
moved that the instant proceeding be transferred to
the National Labor Relations Board without a hear-
ing before an Administrative Law Judge, and that the
entire record consist of the formal papers and certain
facts stipulated by the parties. The parties waived a
hearing before an Administrative Law Judge, rulings
by an Administrative Law Judge on motions, findings
of fact and conclusions of law by an Administrative
Law Judge, and the issuance of an Administrative
Law Judge's Decision. On March 4, 1974, the Board
granted the Joint motion, approved the parties' stipu-
lation of facts, and transferred this proceeding to it-
self. Thereafter, Respondent and the General Counsel
filed briefs.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its authority in this proceeding to
a three-member panel.
Upon the entire record in this case, the Board
makes the following findings:
I JURISDICTION
133
The complaint alleges, and the answer admits, that
Respondent is, and has been at all times material
herein, engaged in the manufacture, sale, and distri-
bution of automobiles, trucks, and other related prod-
ucts; that during the year 1972, a representative year,
Respondent, in the course and conduct of its business
operations, purchased and caused to be transported
and delivered at its facilities in the State of Michigan
goods and materials valued in excess of $1 million,
which goods and materials were transported and de-
livered to its facilities in the State of Michigan directly
from points located outside the State of Michigan;
and that during 1972, Respondent, in the course and
conduct of its business operations, manufactured,
sold, and distributed at its Michigan facilities, prod-
ucts valued in excess of $1 million, which were
shipped from said facilities directly to points located
outside of the State of Michigan. The answer further
admits, and we find, that Respondent is an employer
engaged in commerce within the meaning of Section
2(2), (6), and (7) of the Act.
II. THE LABOR ORGANIZATION INVOLVED
The complaint alleges, the answer admits, and we
find that the UAW is a labor organization within the
meaning of Section 2(5) of the Act.
III THE UNFAIR LABOR PRACTICES
O
The facts herein are undisputed. Respondent and
the UAW entered into a collective-bargaining agree-
ment covering, inter alia, certain employees at
Respondent's Chevrolet Engineering Center in War-
ren, Michigan (the only facility involved in this pro-
ceeding), on November 11, 1970. This agreement was
in effect from November 23, 1970, through November
19, 1973, on which date the parties entered into a new
collective-bargaining agreement, to remain in effect
until September 14, 1976. Both agreements contained,
inter alia, the following provisions:
UNION BULLETIN BOARDS
(92) The plants covered by this agreement will
erect bulletin boards which may be used by the
Union for posting notices bearing the written ap-
proval of the President of the Local Union or the
Chairman of the Shop Committee and restricted
to:
(a) Notices of Union recreation and social af-
fairs.
212 NLRB No. 45
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(b) Notices of Union elections.
(c) Notices of Union appointments and results
of Union elections.
(d) Notices of Union meetings.
(e) Notices concerning bona fide Union activ-
ities such as: Cooperatives; Credit Unions; and
Unemployment Compensation information.
(f) Other notices conerning [sic] union affairs
which are not political or controversial in nature.
The Union will promptly remove from such
Union bulletin boards, upon the written request
of management, any material which is libelous,
scurrilous, or detrimental to the labor-manage-
ment relationship.
(93) The number, location and size of such
bulletin boards in each bargaining unit under this
Agreement shall be decided by the Local Man-
agement and the Shop Committee.
(94) There shall be no other general distribu-
tion, or posting by employees, of pamphlets, ad-
vertising or political matter, notices, or any kind
of literature upon Corporation property other
than as herein provided.
Paragraphs 92 and 93 of the collective-bargaining
agreement as quoted above are the only exceptions to
the above quoted paragraph 94 of the current collec-
tive-bargaining agreement.
Pursuant to the provisions of the collective-bar-
gaining agreement, Respondent has adopted the fol-
lowing plant rules and has maintained them at its
Chevrolet Engineering Center at all times since De-
cember 25, 1972:
SHOP RULES
Committing of any of the following violations
will be sufficient grounds for disciplinary action
ranging from reprimand to immediate discharge,
depending upon the seriousness of the offense in
the judgment of Management.
s
23. Unauthorized soliciting or collecting contri-
butions for any purpose whatsoever during work-
ing time.
24. Unauthorized distribution of literature, writ-
ten or printed matter of any description in work-
ing areas on Company premises during working
time.
25. Posting or removal of notices, signs or writ-
ing in any form on bulletin boards or Company
property at any time without specific authority of
Management.
The General Counsel contends that the contractual
provisions and plant rules quoted above constitute
prohibitions against solicitation and distribution
which are presumptively invalid under Stoddard-
Quirk Manufacturing Co., 138 NLRB 615, and
N. L.R.B. v. The Magnavox Company of Tennessee, 414
U.S 1108 (1974) and that the presumption has not
been rebutted. Respondent contends that the contrac-
tual provisions and plant rules have never been ap-
plied to employee organizational activity and are not
invalid per se absent such application.
In General Motors Corporation, 158 NLRB 1723, we
considered the legality of contractual language inden-
tical to that in question here. We held that paragraph
94 of the contract therein (identical to the present
paragraph 94) was invalid insofar as it prohibited the
distribution of literature in opposition to the incum-
bent union, or on behalf of or in opposition to any
other union, during nonworking time in nonworking
areas of the employer's property. Subsequently, in
Magnavox Company of Tennessee, 195 NLRB 265, we
held that contractual no-distribution rules were inval-
id insofar as they prohibited the distribution, in non-
working areas on nonworking time, of any literature
relating to the selection or rejection of any labor or-
ganization as the employees' bargaining representa-
tive or to other matters related to the exercise by
employees of their Section 7 rights, whether such liter-
ature was distributed on behalf of the incumbent la-
bor organization or any other labor organization. The
Board's decision in Magnavox was affirmed by the
Supreme Court on February 27, 1974.
In the instant case, Respondent has made no show-
ing that a broad no-distribution rule is necesaary to
maintain production or discipline, or is justified by
other special circumstances. We therefore find that
paragraph 94 of the contract is invalid to the extent
indicated in Magnavox, and that, by maintaining
paragraph 94 to such extent, Respondent has violated
Section 8(a)(l) of the Act.' However, we find that the
plant rules quoted supra are valid on their face. Rules
23 and 24 prohibit solicitation and distribution only
during "working time" and are therefore presump-
tively valid .2 Essex International Inc., 211 NLRB No.
' As in fn 9 of Magnavox, supra at 266, we are not invalidating a broad
contractual no-distribution rule limited to the distribution of institutional
literature of a labor organization The contractual rule herein, however, is
clearly not so limited
2 Member Jenkins would find rules 23 and 24 to be presumptively invalid
on their face for the reasons stated in his dissenting opinion in Essex Interna-
tional, Inc, 211 NLRB No 112 (Members Fanning and Jenkins, dissenting)
Furthermore, as there is no evidence in the record before us which would
GENERAL MOTORS CORP.
112. Rule 25 refers only to the posting of notices on
bulletin boards or company property, which cannot
be equated with a rule prohibiting all unauthorized
distribution of literature. There is no evidence that
any of these rules has been construed to prohibit the
distribution of literature in nonworking areas during
nonworking time. Accordingly, we shall dismiss the
complaint insofar as it alleges that maintenance of the
plant rules is unlawful.
IV THE EFFECT OF THE UNFAIR LABOR PRACTICE UPON
COMMERCE
The activities of the Respondent set forth in section
III, above, occurring in connection with its opera-
tions described in section I, above, have a close, inti-
mate, and substantial relationship 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.
CONCLUSIONS OF LAW
On the basis of the foregoing findings of fact and
the entire record in the case, we make the following
conclusions of law:
1. General Motors Corporation is an employer en-
gaged in commerce within the meaning of Section
2(2), (6), and (7) of the Act.
2. International Union, United Automobile, Aero-
space and Agricultural Implement Workers of Ameri-
ca (UAW) is a labor organization within the meaning
of Section 2(5) of the Act.
3. By maintaining a provision in its collective-bar-
gaining contract with the UAW which prohibits em-
ployees from distributing, in nonworking areas on
nonworking time, literature relating to the selection or
rejection by employees of a collective-bargaining rep-
resentative, or to other matters related to the exercise
by employees of their Section 7 rights, Respondent
has engaged in an unfair labor practice within the
meaning of Section 8(a)(l) of the Act.
4. The aforesaid unfair labor practice affects com-
merce within the meaning of Section 2(6) and (7) of
the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
overcome this presumption, Member Jenkins would find rules 23 and 24 to
be violative of Sec 8(a)(1) of the Act
Shop rule 25 contains the same restrictions as par 94 of the contract,
prohibiting postings on bulletin boards , and in Member Jenkins' view is
invalid to the same extent as par 94
135
Relations Act, as amended, the National Labor Rela-
tions Board hereby orders that the Respondent, Gen-
eral Motors Corporation (Chevrolet Engineering
Center), Warren, Michigan, its officers, agents, suc-
cessors, and assigns , shall:
1. Cease and desist from entering into, maintain-
ing, giving effect to, or enforcing any provision of a
collective-bargaining agreement with International
Union, United Automobile, Aerospace and Agricul-
tural Implement Workers of America (UAW), where-
by employees are prohibited from distributing, in
nonworking areas on nonworking time, any literature
relating to the selection or rejection by employees of
a collective-bargaining representative, or to any other
matter related to the exercise by employees of their
rights guaranteed by Section 7 of the Act.
2. Take the following affirmative action which is
necessary to effectuate the policies of the Act:
(a) Post at its Chevrolet Engineering Center in
Warren, Michigan, copies of the attached notice
marked "Appendix."3 Copies of said notice, on forms
provided by the Regional Director for Region 7, after
being duly signed by Respondent's representative,
shall be posted by Respondent immediately upon re-
ceipt thereof, and be maintained by it for 60 consecu-
tive days thereafter, in conspicuous places, including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by Respond-
ent to insure that said notices are not altered, defaced,
or covered by any other material.
(b) Notify the Regional Director for Region 7, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
7 In the event that this Order is enforced by a Judgment of a United States
Court of Appeals, the words in the notice reading "Posted by Order of the
National Labor Relations Board" shall read "Posted Pursuant to a Judgment
of the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board"
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT enter into, maintain, give effect
to, or enforce any contractual provision with In-
ternational Union, United Automobile, Aero-
space and Agricultural Implement Workers of
America (UAW), whereby our employees are
prohibited, from distributing, in nonworking ar-
eas on nonworking time, any literature relating to
the selection or rejection by employees of a col-
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lective-bargaining representative, or to other This is an official notice and must not be defaced
matters related to the exercise by employees of by anyone.
rights guaranteed them by Section 7 of the Na- This notice must remain posted for 60 consecutive
tional Labor Relations Act. days from the date of posting and must not be altered,
defaced, or covered by any other material.
GENERAL MOTORS CORPO- Any questions concerning this notice or compli-
RATION (Chevrolet Engi- ance with its provisions may be directed to the
neering Center) Board's Office, 500 Book Building, 1249 Washington
(Employer) Boulevard, Detroit, Michigan 48226, Telephone 313-
226-3200.
Dated By
(Representative) (Title)