General Motors Corporation v. Mulquin

55 A.2d 732, 134 Conn. 118, 1947 Conn. LEXIS 176
CourtSupreme Court of Connecticut
DecidedOctober 29, 1947
StatusPublished
Cited by73 cases

This text of 55 A.2d 732 (General Motors Corporation v. Mulquin) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
General Motors Corporation v. Mulquin, 55 A.2d 732, 134 Conn. 118, 1947 Conn. LEXIS 176 (Colo. 1947).

Opinion

O’Sullivan, J.

The legal questions submitted by this reservation arise from the following facts found by a panel of three unemployment commissioners sitting on the plaintiff’s appeal from the examiner’s decision.

The New Departure Division of General Motors Corporation consists of two industrial plants in Connecticut, one at Bristol and the other, about eighteen miles away, at Meriden. Speaking generally, the Division—for so it will be called—is engaged in the production of ball bearings of various sizes. The bearings are antifriction devices consisting of steel balls, cones, cups and separators. All of these items, with the exception of the last, are manufactured at Bristol. The Meriden plant, which *120 is equipped to manufacture only the separators, receives from Bristol the other necessary parts and, after continuing certain processes initiated on them at the sister plant, assembles bearings of the smaller sizes.

. There is one general manager for the entire Division. With his assistants, such as the Division comptroller, general purchasing agent, general sales manager and the like, he maintains his office at Bristol. This executive staff supervises both plants, although each has its own superintendent and, under him, various departmental heads. While the general purchasing agent has charge of all Divisional purchases, an official at Meriden has, under certain limitations, the authority to buy miscellaneous supplies for that plant. The purchases effected through the local office approximate 10 per cent of the total material bought for the Meriden plant.

■ The financial affairs of the Division are in the hands of the Division comptroller at Bristol. Each plant, nevertheless, maintains at a local bank a separate account upon which it draws for the. payment, among other things, of the wages due certain of its employees. Checks so drawn are signed by an officer of the plant issuing them. In the records of the unemployment compensation department at Hartford, General Motors Corporation carries two accounts, one for the Bristol and the other for the Meriden plant, and the tax payable into each account is determined by the compensable separations chargeable against the experience of each plant respectively.

At all times pertinent to this case, the International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Congress of Industrial Organizations, hereinafter designated as the International, was, with certain immaterial ex *121 ceptions, the certified and exclusive representative, for the purpose of collective bargaining, of all production, maintenance and mechanical employees at many General Motors plants, including the one at Bristol. On April 16, 1945, the International and General Motors Corporation executed a contract applicable to all of the latter’s plants throughout the United States at which the former was the certified representative. Paragraphs of the contract which have a bearing on the issues are incorporated in a footnote. 1

*122 Prior to September 24, 1945, the bargaining agent at the Meriden plant had been affiliated with the American Federation of Labor, but, following an election held on that date, the International was selected and on October 8 was certified by the National Labor Relations Board as the exclusive bargaining representative of that class of employees, to which all of the approximately 2100 defendants belong. On October 26, 1945, General Motors Corporation and the International executed a memorandum of agreement with reference to the employees at the Meriden plant. This instrument provided that for collective bargaining purposes the parties should be governed by all of the provisions of their contract of April 16, 1945, with certain exceptions not here material. It also provided that a shop committee to be chosen by the members of the local CIO should subsequently negotiate with officials of the Division on the question of wages and other matters in behalf of and subject to the approval of the International. Certain excepted matters were to be negotiated directly by the International before the Meriden plant came under the full terms of the April contract.

In the meantime, on October 24,1945, a strike vote had been taken, pursuant to the Smith-Connally Anti-Strike Act, in all of the company’s plants, except that at Meriden, at which the International was the bargaining agent, and, as the result of the vote, a strike began on November 21. No such vote was ever taken at the Meriden plant, which continued to operate, but with increasing inefficiency, during the entire time covered by the remainder of this *123 narrative. No picket line was established there and the employees continued to report for work. About two weeks before the commencement of the strike, the International granted a charter to its membership at the Meriden plant, and shortly thereafter the president of that local and a representative of the International addressed a letter to the Division making demand for a 30 per cent increase in the schedule of wages. Shortly before Christmas the local urged its members to accord financial assistance to-the strikers elsewhere upon the ground that the Meriden employees would benefit from the strike. Collection boxes were placed in various Meriden stores and $108 contributed through this means was sent to an official of the Bristol local.

With the closing of the plant on November 21, all production ceased at Bristol, and the Meriden plant was thereafter unable to obtain steel balls and other parts from that source. However, for the ten days following the calling of the strike the plant maintained its full complement of employees at work. Then, because of its diminishing stock piles and its inability to replenish them in the general market, as the purchasing department attempted to do, it became necessary gradually to reduce the number of its employees. Eventually, about 2100 received their notices of separation. Each of these employees was laid off as a direct result of the shortage of parts essential to the assembling of bearings, and this shortage was attributable to the strike at the Bristol plant. It was not until March 13, 1946, that a settlement was reached between General Motors Corporation and the International, and shortly thereafter the strike at all plants ended.

The settlement reinstated the contract of April 16, 1945, which General Motors Corporation, in accord *124 anee with, one of the contractual provisions, had terminated on December 10, 1945. The parties agreed upon maintenance of membership and checkoff systems, seniority rights, overtime pay, incentive plans, a flat wage increase of eighteen and one-half cents an hour, with certain retroactive features, and vacation pay. All of the benefits of the settlement are applicable to the employees at Meriden.

As each defendant became separated, he filed a claim for unemployment benefits. From the action of the examiner in allowing these claims the plaintiff appealed ■ to the unemployment commissioner, who, with two of his associates called to sit on the matter, affirmed the examiner’s decision.

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Bluebook (online)
55 A.2d 732, 134 Conn. 118, 1947 Conn. LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-motors-corporation-v-mulquin-conn-1947.