General Motors Corp.

National Labor Relations Board - Board Decisions

Jul 9, 1940

25 N.L.R.B. 258 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS CORPORATION and INTERNATIONAL
UNION, U. A. W. A., AFFILIATED WITH THE A. F. L.
In the Matter of GENERAL MOTORS CORPORATION and PATTERN MAKERS
LEAGUE OF NORTH AMERICA, AFFILIATED WITH THE A. F. L.
In the Matter of GENERAL MOTORS CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED
WITH THE C. I. O.
In the Matter of GENERAL MOTORS CORPORATION and LOCAL 1411, IN-
TERNATIONAL ASSOCIATION OF MACHINISTS (A. F. OF L.)
Cases Nos. R-17.1 to R-1731, inclusive
THIRD SUPPLEMENTAL DECISION
AND
ORDER
July 9, 1940
On February 28, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Elections in
the above-entitled proceedings.:, On April 15, 1940, the Board issued
an Amendment to Direction of Elections.,
Pursuant to the Direction of Elections, as amended, elections by
secret ballot were conducted on April 17, 1940, under the direction
and supervision of the Regional Director for the Seventh Region,
Detroit, Michigan, among employees at specified plants of General
Motors Corporation, herein called the ' Company. On April 25,
1940, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended , issued and duly served upon the parties ari ' Elections
Report. On May 1, 1940, the Regional Director issued and duly
served upon the parties a Correction of Elections Report.
On May 29, 1940, the Board issued a Supplemental Decision, Cer-
tification of Representatives, Direction of Run-Off Elections, and
Order.' On June 22, 1940, the Board issued a Second Supplemental
Decision , Certification of Representatives, and Order.4
1 20 N. L. R: B. 950:
2 22 N L. R B. 986.,
3 24 N L R B 159
4 24 N L R B 159, 193
25 N.L.R B,No.30
258
GENERAL MOTORS CORPORATION 259
Subsequent to the issuance of the Regional Director's Elections
Report, objections thereto were, filed with the Regional Director in
so far as the Elections Report pertained to the election conducted
among the employees of the Company in the work classifications set
forth in the footnote hereto,r, said employees being herein called the
production and maintenance employees, at the Delco-Remy Division,
-Anderson, Indiana.----
On May 31, 1940, the Regional Director issued and duly served
upon the parties an Amendment to Elections Report, First Supple-
mental Elections Report, and Report on Objections.
In his Elections Report, the Regional Director reported the re-
sults of the balloting among the production and. maintenance em-
ployes at the Delco-Remy Division, Anderson, Indiana, as follows : -
Total
all ballots
Valid
votes only
Total on eligibility list__________________________________ 6, 787 -----
Total ballots cast______________________________________ 6,149 -----
Total ballots challenged-------------------------------- 185 -----
Total blank ballots_____________________________________ 41
Total void ballots-------------------------------------- 7 -----
Total valid votes cast___________________________________ 5,916- 5,916
Total number of votes for A. F. L.-International Union, United
Automobile Workers of America---------------------------- 688
Total number of votes for C. I. O.-International Union, United
Automobile Workers of America---------------------------- 2, 454
Total number of votes for neither----------------------------- 2, 774
With respect to this election the Regional Director stated in his Elec-
tions Report that neither International Union, United Automobile
Workers of America, affiliated with the A. F. of L., herein called the
A. F. L.-U. A. W., nor International Union, United Automobile Work-
ers of America, affiliated with the C. I. 0., herein called the C. I. 0.-
U. A. W., had received a majority of the ballots cast, although the
votes cast for both unions constituted a majority of the total votes cast.
He recommended that a run-off election be conducted among the pro-
Prouction and maintenance employees, and mechanical employees in engineering-depart-
ment shops, excluding direct representatives of the management, such as officers and directors
of the Company, sales managers and assistant sales managers, factory managers and assistant
factory managers, 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 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 (but not to include maintenance patrolmen or file patrol-
men), all clerical employees, chief engineers and shift-operating engineers in power plants.
designing (drawing board), production estimating and planning engineers, draftsmen and
detailers, physicists, chemists, metallurgists, artists, designer-artists and clay and plaster
modelers (but not those who make patterns), timekeepers, technical-school students, inden-
tured apprentices,_ and those technical or professional employees who are receiving special
training, kitchen and'cafeteria help
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction and maintenance employees at this plant by ballots affording a
choice only between the two labor organizations involved. -
In his Report on Objections, the Regional Director stated that one
J. Orville Shaw had filed with him a document entitled :
PROTEST AND OBJECTION TO ELECTION REPORT OF REGIONAL DIRECTOR
FRANK H . BOWEN OF THE SEVENTH REGION BY THE 2 ,774 EMPLOYEES
WHO VOTED "NEITHER" AT THE DELCO REMY DIVISION , BY AND THROUGH
ORVILLE SHAW, CHAIRMAN OF SAID GROUP OF EMPLOYEES
which stated that the employees who voted "neither" had met in a
mass meeting and authorized Shaw to protest and object to the
Elections Report. The Regional Director further stated ' that the
objections specifically protested the holding of a run-off election by a
ballot affording a choice only between the two labor organizations,
as recommended in the Elections Report.
The Regional Director reported, as to these objections, that neither
J. Orville Shaw nor any organization of "employees who voted
`neither' " is a party to these proceedings, and that the said objection's
relate only to the propriety or validity of the further proceedings in
this matter recommended by the Elections Report. The Board has
considered the Elections Report, the objections, and the Report on
Objections, and finds that the objections do not raise substantial and
material issues with respect to the conduct of the ballot or the Elections
Report.
Both the A. F. L.-U. A. W. and the C. I. O.-U. A. W. have requested
the Board to direct a run-off election among the production and
maintenance employees at the Delco-Remy Division, Anderson,
Indiana.
The Board having fully considered the matter, Chairman Madden
would permit the eligible employees to vote, as under the Board's
former run-off election procedure, for or against the C.'I: O:-U. A-,W.,
which, as between the two labor organizations involved, received a
plurality of the votes in the original election.e Mr. Smith would
direct a run-off election upon a ballot affording a choice between the
two rival labor organizations with no opportunity to vote against, a
labor organization.7 Mr. Leiserson adheres to his position that
run-off elections are not authorized by the Act," and does not partici-
6
Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel
and Tin Workers of North America, Local No 1657 , 4 N L R B 55, and subsequent cases
See also Matter of-Coos Bail Lumber Company and Lumber and Sawmill Workers Union Local
No 2573, 16 N L R B 476, and Matter of R K LeBlond Machine' Tool Co, Cincinnati
Electrical Tool Co and Independent Employees Organization , 22 N L R B 465
° See footnote 6, sup) a
See Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union Local
No 223, 16 N L R B 476, and Matter of R K LcBlond , Machine Tool Co , Cincinnati
Electrical Tool Co and Independent Employees organization, 22 N L R B 465
GENERAL MOTORS CORPORATION 261
pate in a determination of the type of ballot to be used, if a run-off
election is directed. Under these circumstances no run-off election
can be directed. We shall accordingly dismiss' the petitions for
a investigation and certification of representatives of production and
maintenance employees of the Company at the Delco-Remy Division,
Anderson, Indiana.
ORDER
By virtue of Section 9 (c) of the National Labor Relations 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 ORDERED that the petitions for investigation and certifi-
cation of representatives of employees of General Motors Corporation
at the Delco-Remy Division, Anderson, Indiana, be, and they hereby
are, dismissed.
283030-42-vol. 25-18