Willys Overland Motors, Inc.

National Labor Relations Board - Board Decisions

Nov 17, 1938

9 N.L.R.B. 924 (N.L.R.B. 1938)

In the Matter Of WILLYS OVERLAND MOTORS, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL No. 12
Case No. R-829.-Decided November 17, 1938
Automobile Manufacturing Industry Investigation of Representatives: con-
troversy concerning representation of employees: controversy concerning appro-
priate units ; rival organizations ; strike threatened-Units Appropriate for
Collective Bargaining: separate unit of die sinkers ; separate unit of maintenance
mechanics and maintenance machinists if election shows these employees desire
it ; unit composed of all other employees, including foremen, assistant foremen,
foreladies, factory clerical employees, plant protection employees, timekeepers,
timecheckers , pay-roll clerks, draftsmen , designers , engineers , and employees in
experimental and research building, but excluding department heads, division
superintendents, general foremen, time-study employees, paymasters, assistant
paymasters , safety engineers , and the private secretary of the personnel manager ;
maintenance mechanics and maintenance machinists and clerical employees in
Administration Building included within industrial unit if election indicates
their desire for inclusion-Representatives: proof of choice : stipulation as to
membership-Certification of Representatives : upon proof of majority representa-
tion in die-sinker unit-Elections Ordered: among maintenance mechanics and
maintenance machinists and among clerical employees in the Administration
Building.
Mr. Harry L. Lodish, for the Board.
Bitter d Dougherty, by Mr. Bert P. Hebenstreit, Mr. Milton Mc-
Creery, and Mr. George W. Bitter, of Toledo, Ohio, for the Company.
Mr. Edward Lamb, and Mr. Lowell M. Goerlich, of Toledo, Ohio,
for the U. A. W.
Mr. J. G. Heiner, of Cleveland, Ohio, and Mr. A. M. Jurrus, of
Toledo, Ohio, for the I. A. M. and the Die Sinkers.
Mr. J. W. Starritt, and Mr. Earl Streeter, of Cleveland, Ohio, for
the M. E. S. A.
Mr. Robert L. Condon, of counsel to the Board.
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On May 20, 1938, International Union, United Automobile Workers
of America, Local No. 12, herein called the U. A. W., filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
9 N. L. R . B., No. 87.
924
DECISIONS AND ORDERS - 925
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Willys Overland Motors, Inc.,
Toledo, Ohio, herein called the Company, and requesting an investiga=
tion and certification of representatives pursuant to Section 9- (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On May 24, 1938, the National Labor Relations • Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. .
On May 27, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
U. A. W., upon Mechanics Educational Society of America, herein
called the M. E. S. A., and upon International Association of Ma-
chinists, herein called the I. A. M., the latter two being labor organiza-
tions claiming to represent employees directly affected by the investi-
gation.' Pursuant to the notice, a heating was held on June 2, 3, -4,
6, and 7, 1938, at Toledo, Ohio, before Joseph C.' Maguire, the Trial
Examiner duly designated by the Board. The Board, the Company,
the U. A. W., and the M. E: S. A were represented by counsel, Wand the
I. A. M. by its representatives: All the parties 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. The Trial Examiner permitted the Company to file an
answer to-the petition, alleging-in substance that the Company had
existing contracts with the M. E. S. A. and the-I. A. M. covering
certain classes of employees, and that certain other employees should
be excluded from the unit alleged by the U. A. W. to be appropriate
for the purposes of collective bargaining.. 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. The Company,
U. A. W., and M. E. S. A. filed briefs which the Board has duly
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Willys Overland Motors, Inc., is a - Delaware corporation, incor-
porated July 23, 1936, after a reorganization, and is engaged in
"The M. E S. A. and the I . A. M. were served and appeared in behalf of M. E. S. A.,
Local No. 4, and I. A. M., Local No. 105, respectively. -
926 NATIONAL LABOR RELATIONS BOARD
the manufacture and sale of automobiles and automobile parts. The
Company maintains an office and a plant at Toledo, Ohio, and an auto-
mobile assembly plant in Maywood, California. The Company owns
all the capital stock of Willys Export Corporation, an Ohio corpo-
ration which sells the Company's products in foreign nations, and
all of the capital stock of Willys of Canada, Ltd., a Canadian cor-
poration which purchases products from the Company for resale in
the Dominion of Canada. This proceeding concerns only the Com-
pany's employees in Toledo.
_The- principal- raw materials used by the Company in its manu-
facturing operations are steel, fabrics, and paint. It also uses large
quantities of fabricated materials, such as stampings, engines, tires,
glass, and automotive parts. More than 60 per cent of these various
materials.'are purchased and A transported from sources outside the
State of Ohio. More than 90 per cent of the automobiles and auto-
mobile. parts manufactured by the Company are shipped outside
the,State of Ohio.. During the- Company's fiscal year of 1937 total
net sales amounted to $30,268,220.19. , , -
The. Company's- Toledo plant was temporarily, shut down at the
time of the hearing. On March 30, 1938,, however, it employed
approximately, 2,880 employees. For, administrative convenience the
Company has divided its production and maintenance operations into
23 divisions and 126 departments.
The. Company admits that it is subject to the jurisdiction of the
Board. -
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of America,
Local No. •12, is a labor organization affiliated' with'the Committee
for Industrial Organization, admitting 'to its membership all em-
ployees -of the Company at Toledo, Ohio, including clerical and
'office workers, but--excluding those with the power to hire and
`discharge, ' ' -
International Association of Machinists, Local No. 105, is a -labor
organization' affiliated with the American Federation of Labor. It
admits to membership all the die sinkers employed by the Company.
The die sinkers in addition to belonging to the I. A. M., within which
'they constitute an autonomous unit, also pay dues to the Die Sinkers
Conference. The I. A. M. also admits to membership the skilled
mechanics employed in the research and experimental building of the
Company. -
Mechanics Educational, Society of America is a labor organization
unaffiliated with any other body. It has chartered Local; No. 4,
which admits to 'membership all the skilled metal workers--and
machinists of the Company. '
DECISIONS AND ORDERS 927
The Society of Designing Engineers, herein called the S. D. E.,
is a labor organization admitting to membership all the draftsmen
and designers of the Company. Prior to the hearing the S. D. E.
amalgamated with Federation of Architects, Engineers, Chemists, and
Technicians, a labor organization affiliated with the Committee for
Industrial Organization.
III. THE QUESTION CONCERNING REPRESENTATION
The Company in the past has had written contracts with the
U. A. W., the I. A. M., and the M. E. S. A. which provided for the
wage scales and working conditions of the members of the three
unions, with the exception that the I. A. M. has contracted solely
for the die sinkers and has not obtained a contract covering the
employees it claims as members in the research and experimental
building. The contracts with the I. A. M. and the M. E. S. A.
were still in effect at the date of the hearing; the contract with the
I. A. M. runs indefinitely until a 30-day notice of termination is given,
and the M. E. S. A. contract, by supplemental agreement, will con-
tinue until the date of this Decision. Prior to April 15, 1938, the
expiration date of the contract between the U. A. W. and the Com-
pany, the U. A. W. gave notice that it would demand a new contract
covering all the Company's employees except those with the power
to hire and discharge, and providing for a closed shop and check-off.
The Company refused these demands on the grounds that the unit
was inappropriate for the purposes of collective bargaining and that
the existing contracts with the I. A. M. and the M. E. S. A. pre-
cluded the Company from negotiating with the U. A. W. concerning
the employees covered by these contracts. After further negotiations
the U. A. W. threatened a strike unless its demands were met. After
a conference between the various parties herein and the Regional
Director, however, the strike was averted pending the determination
of the controversy by this Board.
We find that a question has arisen concerning 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 operations of the Company de-
scribed 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.
928 NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNITS
The U. A. W. contends that all the Company's employees at Toledo,
excluding those employees with the power to hire and discharge
constitute a unit appropriate for the purposes of collective bargaining.
As hereinafter indicated, the M. E. S. A., the I. A. M., and the Com-
pany oppose the inclusion of certain classes of employees within such
Company-wide unit.
Maintenance Mechanics and Maintenance Machinists. The M. E.
S. A. has organized, has bargained for, and at the time of the hearing
has had a contract since November,10, 1936, covering the mechanics
and machinists in six departments of the Company. These depart-
ments are the drop-forge-machino repair, the machine repair, the tool-
room, the tool inspection, the tool grind, and the fixture building
departments, respectively numbered 110, 364, 365, 367, 368, and 370.
The M. E.,S. A. contends that these six departments constitute a unit
appropriate for the purposes of collective bargaining. With this
contention we cannot agree.
The unit claimed by the M. E. S. A. does not. embrace all the em-
ployees who may be working in similar capacities. Even though it is
true that the bulk of the maintenance mechanics and maintenance
machinists are concentrated in these six departments, M. E. S. A.
representatives admitted at the hearing that there are other em-
ployees, who are skilled metal workers engaged in maintenance work
and eligible to the M. E. S. A. We believe.that an appropriate unit
might consist of all the maintenance mechanics and maintenance
machinists employed throughout the plant but it could not be confined
to those in the six departments claimed by the M. E. S. A.2 We
would exclude from such unit any skilled mechanics or machinists
who are engaged in production or experimental work, and also the
plumbers and electricians. Although these employees are eligible to
membership in the M. E. S. A., it appears that they do not come
within the category of maintenance mechanics and maintenance
machinists.
The contention of the U. A. W. that these employees should be
included within the industrial unit is equally as feasible as the con-
tention that they constitute a separate bargaining unit. The indus-
trial unit would be equally as effective for bargaining purposes.
Under • such circumstances, we will follow our usual rule that the
determinative factor is the desire of the employees themselves.3 An
2 Cf. Matter of The Electric Auto-Lite Company and International Union, United Auto-
mobile Workers of America No. 12, 9 N L R B 147, where all the skilled employees
claimed by the M. E. S . A. were included within certain designated departments.
a See Mattel of The Globe Machine and Stamping Co and Metal Polishers Union, Local
No. 3; International Association of Machinists, District No 54; Federal Labor Union 18788,
and United Automobile Workeis of America, 3 N. L R . B. 294.
DECISIONS AND ORDERS 929
election will be held among all the maintenance mechanics and main-
tenance machinists, including such employees in departments 110,
364, 365, 367, 368, and 370, but excluding production and experi-
mental mechanics and machinists, plumbers and electricians, to de-
termine whether they wish to be represented by the M. E. S. A.
or the U. A. W. On the results of this election will depend the
appropriate unit. If these employees choose the M. E. S. A., they
will constitute a separate and distinct appropriate unit. If they
choose the U. A. W., they will be merged into the Company-wide
industrial unit.
Die Sinkers. All employees in department 109 are die sinkers.
On March 30, 1938, there were 16 die sinkers employed by the Com-
pany, for all of whom the I. A. M. has bargained since March 15,
1937. At the time of the hearing, a contract between the Company
and the I. A. M. covering these employees was still in effect. The
die sinkers are highly skilled craftsmen who serve a 9-year appren-
ticeship before they become journeymen die sinkers. They are paid
on an hourly basis. Under all the circumstances we are of the opinion
that the die sinkers might properly constitute a separate bargaining
unit,4 or they might be merged into the industrial unit claimed by
the U. A. W. The determining factor is the desire of the employees
involved. Since all the parties stipulated that practically all the
die sinkers belong to the I. A. M., we shall hold that they constitute
an appropriate unit.
We find that the die sinkers of the Company constitute a unit
appropriate 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
effectuate the policies of the Act.
Department Heads, Division Superintendents, and General Fore-
men. The Company contends that certain other employees should
be excluded from the Company-wide unit, whereas the U. A. W.
would exclude only the 16 department heads and 5 of the division
superintendents. The department heads exercise major supervisory
functions and should be excluded from the unit.
- -There are 12 employees who have the title of division super-
intendent. These men are under the department heads and are in
charge of the work in one or more departments or divisions. The
record indicates that all these employees likewise exercise major
supervisory powers. For this reason we shall exclude them from the
unit.
• See Matter of International Harvester Company Tractor Works and Farm Equipment
Workers Association Division of A. A. I. S. it T. W. N. A Lodge No. 1320, C. I. 0., 5 N. L.
R. B. 192; Matter of International Harvester Company and Die Sinkers Local No. 527,
Affiliated with the American Federation of Labor, 6 N. L. R. B. 545.
930 NATIONAL LABOR RELATIONS BOARD
The Company had 14 general foremen on March 30 , 1938. Al-
though these men usually have fewer employees under their super-
vision than the division superintendents , the general foremen exercise
essentially the same supervisory duties. They are directly in charge
of the foremen , assistant foremen , and foreladies and are responsible
for the successful functioning of various phases of the Company's
operations . They will also be excluded from the unit.
Foremen, Assistant Foremen, and Foreladies . The U. A. W. con-
tends that foremen, assistant foremen, and foreladies should be in-
cluded within the unit. At the hearing considerable testimony was
introduced on the extent to which these employees have the power
to hire and discharge . The record discloses that any supervisory
employee down to the rank of assistant foreman can recommend
discharges , but that since the Company 's reorganization in 1936 there
have been less than 10 discharges , and no instance was cited where
anyone below a division superintendent ever recommended a dis-
charge. Even then the division superintendent acted only after
consulting the shop committeeman of the U. A. W. Furthermore,
any. discharged employee has the right of appeal to a labor relations
committee composed equally of representatives of the U. A. W. and
the Company . Hiring is always from the seniority lists, and usually
upon the recommendation of a division superintendent . It would
therefore appear that absolute authority to hire and discharge is not
vested in foremen, assistant foremen, and foreladies.
In support of the U. A. W.'s contention that these three classes
of employees should be included in the appropriate unit, the record
discloses that foremen, assistant foremen , and foreladies usually are
not laid off when they are not needed in their supervisory capacity.
Instead, it is customary for them to resume manual work as regular
employees until the plant as a whole ceases production . The testi-
mony of U. A. W. officials that the majority of these employees are,
members of their union was not contradicted . Furthermore, these
employees are. generally selected by the Company from the ranks of
the U. A. W., and retained as members in the U. A. W.
Under these circumstances , - and in view of the fact that the only
labor organization here involved wishes their inclusion in the bar-
gaining unit, we shall include them .5
' Time-Study Employees . On March 30 , 1938, the Company had
eight employees in the time -study department . The U. A. W. now
seeks their inclusion in the appropriate bargaining unit , although it
has never bargained for them in the past . The time-study employees
estimate the total productive labor costs upon each automobile before
5,Matter or Shell Petroleum "Corporation and Oil Workers International Union, Local
No. 867, 9 N. L. R. B. 831.
DECISIONS AND ORDERS 931
it goes into production. These costs are then allocated to each pro-
ductive operation, and, based upon the costs thus allocated and upon
estimated production per hour, a piece price or group price is estab-
lished for the production workers. The time-study employees are
also charged with maintaining efficiency, and are responsible for-
publishing data on standard shop practice, which details the method'
of performing the various production operations. The recommenda--
tions they make often result in drastic changes in design, personnel,
or location of the operation. It is apparent that these employees are-
professional employees whose duties require technical training. As:
such, their duties are comparable to the professional employees, ex-
perts and specialists that we excluded in Matter of The Electric-
Auto-Lite Company.° We shall, therefore, exclude .them from the-
unit.
. Timekeepers, Time Checkers, and Pay-roll Clerks. The U. A. W,
bargained for timekeepers, time checkers, and pay-roll clerks in the-
contract which expired on April 15, 1938. Although the Company
claims that these employees are confidential and should therefore be -
excluded from the appropriate unit, their duties. do not involve dis-
cretionary powers. They are engaged in the mechanical task of
computing the number of hours worked, the wages earned, and the -
drawing of pay checks for most of the Company's employees. We -
are of the opinion that they should be included within the appro-
priate unit.7 We will, however, exclude the paymasters and assistant =
paymasters who are supervisory officials in charge of the work per-
formed by the timekeepers, time checkers, and pay-roll clerks. We -
will also exclude from the unit the safety engineer, and the private -
secretary of the personnel manager.
Other Factory Clerks. There are a number of other clerical em- -
ployees in the production and maintenance departments, including -
budget clerks, department clerks, and shipping and receiving clerks.
The U. A. W. has bargained for most of these employees except the -
budget clerks. All of them are, eligible for membership in the
U. A. W. We are of the opinion that all these factory clerks, with
the exception of those we have specifically excluded, should be in- -
eluded within the appropriate unit."
Plant Protection Employees. On March 30, 1938,, the Company
had 37 employees in its plant protection department. These em-
ployees are charged with the duty of protecting the Company's prop-
erty from fire and theft. They act as gatemen and night watchmen,,-
and some of them are deputy sheriffs or special policemen. There is, .
"Matter of The Electric Auto-Lite Company and International Union, United Auto- -
mobile Workers of America No. 12, 9 N. L. R. B. 147. `
7 Matter of Mergenthaler Linotype Company , and United Electrical t Radio Workers
of America, Linotype Local No. 1222, 3 N. L. R. B. 131.
See footnote 6, supra.
134068-39-vol. ix-60
932 NATIONAL LABOR RELATIONS BOARD
however, uncontradicted testimony by the U. A. W. shop committee-
man in this department that they are all members of the U. A. W.
Furthermore, the U. A. W. bargained for them in the contract which
expired on April 15, 1938. The only labor organization here in-
volved desires their inclusion. We are of the opinion that these
employees should be included within the appropriate unit.9 In so
determining, we depart from our decision in Matter of Bendix Prod-
ucts Corporation,10 where under similar circumstances we held that
the plant protection department should constitute a separate unit.
Clerical Employees in Administrative Department. The Company
leases the first two floors of a nine-story building across the street
from the main production plant where it maintains its administra-
tive department. There are approximately 125 employees engaged
as clerical workers in the various administrative departments, such
as the sales department, purchasing department, and accounting de-
partment. The Company opposes the contention of the U. A. W.
that these employees should be included within the appropriate unit.
These employees are eligible for membership and the U. A. W. de-
sires their inclusion. It is apparent that these employees might
either be included within the industrial unit claimed by the U. A. W.
or, for traditional reasons, that they might be excluded." Under
these circumstances the determining factor is the desire of the em-
ployees themselves. Accordingly, we shall order an election among
the clerical employees in the Administration Building, excluding
supervisory officials, to determine whether or not they choose to be
represented by the U. A. W.
Professional Employees and Skilled Workers in Experimental and
Research Departments. The Company maintains an experimental
and research building approximately a quarter of a mile from the
other buildings. On the second floor, the Company has its drafting
room, engineers, designers, artists, and certain skilled pattern workers.
On the first floor, there are various machines designed to test the
efficiency of the motors and automobiles the Company manufactures.
Also the first floor is the headquarters of the road testers, and here
are located machine shops where experimental parts and experimental
automobiles are, made and assembled. In this building the Company
plans and tests its new models.
The Company contends that all these employees, and that certain
draftsmen and tool designers in the tool-design department located
9 Matter of Shell Petroleum Corporation and Oil Workers International Union, Local
No. 367, 9 N. L R. B. 831
10 Matter of Bendue Products Corporation and International Union, United Automobile
Workers of America, Bendix Local No. 9 , 3 N. L It . B. 682.
"Matter of The Electric Auto -Late Company and International Union, United Auto-
mobile Workers of America No. 12, 9 N. L R B 147.
DECISIONS AND ORDERS 933
in another building, should be excluded from the appropriate unit
for the reasons that their work is confidential, that they are all highly
skilled, and that the draftsmen, designers, and engineers are profes-
sional workers. A representative of the S. D. E. testified that a ma-
jority of the draftsmen and engineers in both the experimental and
research building and in the tool-design department are members of
the S. D. E. This witness testified, however, that the S. D. E. mem-
bers desire to bargain through the U. A. W. since both organizations
are affiliated with the Committee for Industrial Organization.
We are of the opinion that all these employees should be included
within the Company-wide unit. It appears that the pattern makers
and some of the mechanics and machinists are often drawn from other
departments. The work done in the experimental and research build-
ing is absolutely essential to the continued operation of the main pro-
duction departments. Furthermore, the U. A. W. desires their inclu-
sion within the unit, and we are not persuaded by the opposing
contentions of the Company.
The I. A. M. claims that the mechanics and road testers on the first
floor of the experimental and research building should be designated
as a separate appropriate unit for the purposes of collective bargain-
ing. We do not believe, however, that there is a sufficient homogeneity
in the unit alleged to be appropriate by the I. A. M. to warrant split-
ting off these employees from the rest of the Company's employees.
Moreover, although it has submitted a proposed contract to the Com-
pany, it is significant that the I. A. M. has never bargained for these
mechanics and road testers.
We find that all employees of the Company at Toledo, Ohio, in-
cluding foremen, assistant foremen, foreladies, factory clerical em-
ployees, plant protection employees, timekeepers, time checkers, pay-
roll clerks, draftsmen, designers, engineers, and employees in the
experimental and research building, but excluding department heads,
division superintendents, general foremen, tin-te-study employees, pay-
masters, assistant paymasters, safety engineers, the private secretary
of the personnel manager, and the die sinkers in department 109, may
properly constitute a unit appropriate for the purposes of collective
bargaining which would 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. As indicated above,
maintenance mechanics and maintenance machinists, and clerical em-
ployees in the administrative building may also properly be included
within such unit. We shall therefore make no final determination of
the appropriate unit pending the elections we shall direct to be con-
ducted among the maintenance mechanics and maintenance machinists,
and among the clerical employees in the administrative building.
934 NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
During the hearing all the parties that appeared stipulated that the
I. A. M. has as members practically all the die sinkers in depart-
ment 109.
We, therefore, find that the I. A. M. has been designated and selected
by a majority of the die sinkers as their representative for the pur-
poses of collective bargaining . It is, therefore , the exclusive repre-
sentative of all employees in such unit for the purposes of collective
bargaining , and we will so certify.
.All the parties likewise stipulated that the M. E. S. A . had as mem-
bers practically all the maintenance mechanics and maintenance
machinists in departments 110, 364, 365 , 367, 368, and 370, and that
the U . A. W. had as members a substantial majority of all the em-
ployees of the Company in Toledo who are eligible to membership in
it. Under U. A. W. rules and regulations all employees except those
having the power to hire and discharge are eligible to membership.
We are not finding the unit of departments claimed by the M. E. S. A.
to be appropriate , however, and the record does not reveal whether
the M . E. S. A. has a majority of all the maintenance mechanics and
maintenance machinists throughout the plant . Therefore , the ques-
tion concerning representation of these employees can best be resolved
by the holding of an election by secret ballot, to determine whether
they wish to be represented by the M. E. S. A. or the U. A. W. Eligi-
bility to vote shall be determined on the basis of those employed in the
pay-roll period next preceding the date of this Direction.
Since we have not upheld the contentions of the M. E. S. A. as
to the appropriate unit, we will allow the M. E. S. A ., if it desires, to
withdraw its name from the ballot by giving such notice to the
Regional Director within five (5 ) days from the date of this Direction.
In the event the employees in this proposed unit choose the M . E. S. A.
they will constitute a separate bargaining unit; if they choose the
U. A. W. they will be merged within the Company-wide unit claimed
by the U. A. W. Similarly , the clerical employees in the Adminis-
tration Building shall be included within the industrial unit if they
choose the U. A. W. Otherwise they will be excluded. We shall
therefore withhold certification of the U. A. W. as the representative
of the industrial unit pending the results of these elections.
Upon the basis of the above findings of fact and upon the entire
record of the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees . of Willys Overland Motors, Inc., Toledo,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
DECISIONS AND ORDERS 935
2. The die sinkers of the Company constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
3. International Association of Machinists, Local No. 105, is the
exclusive representative of all the employees in such unit for ^ the
purposes of collective bargaining, within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue- of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that International Association of Machinists,
Local No. 105, has been designated and selected by a majority of the
die sinkers of Willys Overland Motors, Inc., Toledo, Ohio, as their
representative for the purposes of collective bargaining and that, pur-
suant to the provisions of Section 9 (a) of the Act, International As-
sociation of Machinists, Local No. 105, 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' con-
ditions of, employment.
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.Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8,, , of
National Labor, Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DIRECTED that, as part of the investigation • directed by the Board
to ascertain representatives for the purposes of collective bargaining
with Willys.Overland Motors, Inc., Toledo, Ohio, an election by
secret ballot be, conducted within fifteen,(15) days from the date of
this Direction, under the direction and- supervision of the Regional
Director for the Eighth Region, • ,acting , in this matter as agent for
the National Labor Relations Board, and,subject to Article,III, Sec-
tion 9, of said Rules and Regulations, among the employees of Willys
Overland Motors, Inc., at its : Toledo, Ohio,: plant, who were, em-
ployed as maintenance mechanics and maintenance machinists during
the pay-roll period next preceding the date of this Direction, includ-
ing all such employees in departments 110, 364, 365, 367, 368, and
370, but excluding production and experimental mechanics and
machinists, plumbers, and electricians, to determine whether they
desire to be represented by Mechanics Educational Society of
936 NATIONAL LABOR RELATIONS BOARD
America, Local No. 4, or by International Union, United Automobile
Workers of America, Local No. 12, for the purposes of collective
bargaining, or by neither ; and it is - -
FURTHER DIRECTED that, an election by secret ballot be conducted
within fifteen (15) days from, the date of this Direction, under the
direction and supervision of the Regional Director for the Eighth
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 the clerical employees of the Administration
Building, excluding supervisory officials, of Willys Overland Motors,
Inc., at its Toledo, Ohio, plant, who were employed during the pay-
roll period next preceding the date of this Direction, to determine
whether or not they desire to be represented by International Union,
United Automobile Workers of America, Local No. 12, for the pur-
poses of collective bargaining.
MR. EDWIN S. SMITH, concurring :
In view of the bargaining history of the I. A. M. and the M. E.
S. A.'with the company I ,concur in this decision.
Since March 1937 the I. A. M. has bargained for the die sinkers
and since November 1936 the M. E. S. A. has bargained for the
maintenance machinists and maintenance mechanics. The history
of bargaining by the industrial union, which achieved an oral agree-
ment for its members in 1935, apparently did not include attempts
to bargain for the craft groups prior to the time when the I. A. M.
and the-M. E. S. A. had already obtained substantial representation
in those crafts and had, through bargaining, attained contracts on
their behalf.
" The situation in" the instaiit" case r' esembles those which `were dis-
cussed by me in my concurring statements in Matter of Vultee Air-
craft Division, Aviation Manufacturing Corporation and United
Automobile Workers of America, Local 361, 9 N. L. R. B. 32,
and Matter of American Hardware Corporation and United Elec-
trical and Radio Workers of America, 4 N. L. R. B. 412. Under
the circumstances, I think that the craft identity of each of these
groups should not be merged in the large industrial unit without
considering the preferences of the employees themselves. The die
sinkers have already expressed their desire to retain their identity,
whereas the election herein directed will afford the maintenance
machinists and maintenance mechanics a similar opportunity.
DECISIONS AND ORDERS
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTIONS
November 30, X938
937
On November 17, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Certification of Representatives,
and Direction of Elections in the above-entitled' proceeding, the
elections to be held within fifteen (15) days from the date of the
Direction, under the supervision of the Regional `Director for the
Eighth Region (Cleveland, Ohio).
The Board, upon the recommendation of the Regional Director,
for good cause shown, hereby amends its Direction of Elections by
striking therefrom the- words "within fifteen • (15) days from the date
of this Direction," wherever- they appear, and substituting therefor
the words "at such time - as ' the Board may hereafter • direct."
9 N. L. R. B., No. 87a. -