General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 19, 1940

24 N.L.R.B. 848 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER-
CIAL BODIES DIVIsIoN and INTERNATIONAL UNION, UNITED AUTOMO-
BILE WORKERS OF AMERICA, (AFFILIATED WITH THE C. I. 0.)
Iii the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER-
CIAL BODY DIVISION and AUTOMOBILE BODY LOCAL LODGE 1396,
INTERNATIONAL ASSOCIATION OF MACiHINISTS, AFFILIATED WITH THE
A. F. OF L.
In the Matter of GENERAL MOTORS CORPORATION, CHEVROLET COMMER-
CIAL BODY DIVISION and PATTERN MAKERS LEAGUE OF NORTH
AMERICA AND PATTERN MAKERS ASSOCIATION OF INDIANAPOLIS AND
VICINITY, AFFILIATED WITH THE A. F. OF L. .
Cases Nos. R-1805, R-1806, and le-1807, respectively
SUPPLEMENTAL DECISION
AND,'
CERTIFICATION OF REPRESENTATIVES
June 19, 1940
On May 15, 1940, the National Labor Relations Board, herein called
the Board, issued its Decision and Direction of Elections in the above-
entitled proceedings.' Pursuant to the Direction of Elections, elec-
tions by secret ballot were conducted on June 4, 1940, under the direc-
tion and supervision of the Regional Director for the Eleventh Region
(Indianapolis, Indiana). On June 5, 1940, the Regional Director,
"acting pursuant'to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued an Election
Report, copies of which were duly served on the parties. No objec-
tions to the conduct of the ballot or the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
- Pattern Makers
Total number of employees alleged eligible to vote ------------ 11
Total number voted ------------- _----------------------------- 11
Total number of valid votes cast ------------------------------ 11
Total number of votes for the C. I. 0., Int'l. Union, United
Automobile Workers of America____________________________ 0
123 N. L. R. B. 812.
24 N. L. R. B., No. 89.
848
GENERAL MOTORS CORPORATION
Pattern Makers-Continued
849
Total number of votes for the A. F. of L. Pattern Makers League
of North America ------- ----------------------------------- 9
Total number of votes for neither organization--------------- 2
Total number of. blank ballots -------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots___________________________ 0
Other Production and Maintenance Employees
Total number of employees alleged eligible to vote ------------ -- 969
Total number voted----------------------------------------- 944
Total number of valid votes cast_____________________________ 895
Total number of votes for the C. I. O. Int'l. Union, United
Automobile Workers of America___________________________ 687
Total number of votes for the A. F. of L. Automotive Body
Workers Local 1396, Int'l. Assn. of Machinists______________ 105
Total number of votes for neither organization___ ____________ 103
Total, number of blank ballots_______________________________ 0
Total number of void ballots_________________________________ 0
Total number of challenged ballots___________________________ 49
In the Decision and Direction of Elections previously referred to,
the Board made no final determination as to the appropriate unit or
units but provided -that if a majority of the pattern makers chose
the Pattern Makers then such employees would constitute a' separate
appropriate bargaining unit, and further, that if a majority. of the
pattern makers chose the C.. 1. O.-U. A. W., they. would constitute a
separate appropriate bargaining unit, except that if a majority of the
production and maintenance employees also chose the C. 1. O.-U. A. W.,
then the employees in such craft and the production and maintenance
employees together 'would constitute a single appropriate unit.
Upon the` basis of the entire record in the case, the Board makes the
following :
SUPPLEMENTAL FINDINGS OF FACT
1. We find that the wood and metal pattern makers or model mak-
ers, working on bench or machine (but not shaper hands), and the
apprentices of these classifications (but not supervisory or salaried
employees and those whose. work is of a confidential nature) of Gen-
eral Motors Chevrolet-Commercial Body Division, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to the employees of the Company the full benefit of
their right to self-organization and to collective bargaining, and other-
wise effectuate the policies of the Act.
2. We find that the production and maintenance employees and
mechanical employees in engineering department shops of General
Motors Corporation, Chevrolet-Commercial Body Division, excluding
.the wood and metal pattern makers or model makers, working on
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bench or machine (but not shaper hands) and the apprentices of these
classifications, direct representatives of the management, such as offi-
cers and directors-,of the Company, sales managers and assistant sales
managers; factory manager and assistant factory manager, directors
and employees of sales, accounting, Personnel and Industrial Relations
Departments, directors of purchases and assistant directors of pur-
chases, superintendents and assistant superintendents, general fore-
men; foremen and assistant foremen, and all other persons working
in a supervisory capacity, including those having the right to hire
or discharge and those whose duties include recommendation as to
hiring or discharging (but not leaders), and those employees whose
work is of a confidential nature, time-study men, plant-protection em-
•ployees, all clerical employees, chief engineers and shift operating en-
gineers in power plants, designing (drawing board), production esti-
mating, and planning engineers,- draftsmen and detailers, tool de-
signers and clay and plaster modelers (but not those who make pat-
terns), timekeepers, office janitors, technical school students, inden-
tured apprentices, and kitchen and cafeteria help, 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..
Upon the basis of the-above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The wood and metal pattern makers or model makers, working
on bench or machine (but not shaper hands), -and the apprentices of
these classifications (but not supervisory or salaried employees and
those whose work is of a confidential nature) of General. Motors Chev-
rolet-Commercial Body Division, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the National Labor Relations Act.
2. The production and maintenance employees and mechanical em-
ployees in engineering department shops of General Motors Corpora-
tion, Chevrolet-Commercial Body Division, 'excluding the wood'°and
metal pattern makers or model makers, working on bench or machine
(but not shaper hands), and the .apprentices of these classifications,
direct representatives of the management, such as officers and directors
of the company, sales managers and' assistant sales managers, factory
manager and assistant factory manager, directors and employees.of
sales, accounting, Personnel and Industrial Relations Departments,
directors of purchases and assistant directors of purchases, superin-
tendents and assistant superintendents, general foremen, foremen and
GENERAL MOTORS CORPORATION 851.
assistant foremen, and all. other persons working in a supervisory
capacity , including those having the right to hire or discharge and those
whose duties include recommendation as to hiring or discharging (but.
not leaders ), and those employees whose work ' is of a confidential
nature, time-study men, plant -protection employees , all clerical em-
ployees, chief engineers and shift operating engineers in power plants,.
designing ( drawing board), production estimating , and planning.en
gineers, draftsmen and detailers , tool designers and clay and plaster
modelers (but. not those who make patterns ), timekeepers , office jani-
tors, technical school students , indentured apprentices , and kitchen and
cafeteria help, constitute w unit appropriate for-the purposes of collec -
tive' bargaining , within the meaning of Section 9 (b) 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,.
of National Labor Relations Board Rules and - Regulations-Series 2,.
as amended,
IT Is HEREBY CERTIFIED that Pattern Makers League of North Amer-
ica, affiliated with the American Federation of Labor, has been desig-
nated and selected by a majority of the wood and metal pattern
makers or model makers, working on bench or machine (but not shaper-
hands.), and the apprentices of these classifications (but, not super-
visory or salaried employees and those whose work is of a confidential'
nature) of General Motors Corporation, Chevrolet-Commercial Body-
Division, as their representative for the purposes of collective bargain--
ing, and that, pursuant to the provisions of Section 9 (a) of the Act,.
Pattern Makers League of North America, affiliated with the American,
Federation of Labor, is the exclusive representative of 'all such em-
ployees for the purposes of collective bargaining with respect to rates:
of pay, wages, hours of employment, and other conditions of employ-
ment; and
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile Workers of America, affiliated with the Congress of Industrial
Organizations, has been designated and selected by a, majority of all'
production and maintenance employees and mechanical employees in,
engineering department shops of General Motors Corporation, Chev-
rolet-Commercial Body Division, excluding the pattern makers afore-
mentioned, direct representatives of the management, such as officers-
and directors of the company, sales managers and assistant sales man-
agers, factory manager and assistant factory manager, directors and'
employees, of sales, accounting, Personnel and Industrial Relations:
852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Departments, directors of purchases and assistant directors of pur-
chases, superintendents and assistant superintendents, general fore-
men, foremen and assistant foremen, and all other persons working in
a supervisory capacity, including those having the right to hire or.
discharge and those whose duties include recommendation as to hiring
or discharging (but not leaders), and those employees whose work is
of a confidential nature, time-study men, plant-protection employees,
all clerical employees, chief engineers and shift operating engineers in
power plants, designing (drawing board), production estimating.and
planning engineers, craftsmen and detailers, tool designers and clay
and plaster modelers (but not those who make patterns), timekeepers,
office janitors, technical school students, indentured apprentices, and'
kitchen and cafeteria help, as their representative for the purposes of
collective bargaining, and that, pursuant to provisions of Section 9
(a) of the Act, International Union, United Automobile Workers of
America, affiliated with the Congress of Industrial Organizations, 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 conditions of employment.