General Motors Corp.

National Labor Relations Board - Board Decisions

Jan 21, 1941

29 N.L.R.B. 122 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION, TERNSTEDT-TRENTON
DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS
OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-2242.-Decided January 21, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Bennet F. Schaufler, for the Board.
Mr: E. J. Hanson, of Trenton, N. J., for the Company.
Mr. Edward Gray, of Trenton, N. J., for the Union.
Mr-Louis Colcin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On October 1, 1940, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., herein called the
Union, filed with the Regional Director for the Fourth Region (Phila-
delphia, Pennsylvania) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees at
the Ternstedt-Trenton Division of General Motors Corporation, herein
called the Company, engaged in the manufacture of various types
and kinds,of automobile body hardware at Trenton, New Jersey, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On November 29, 1940, the Company,
the Union, and the Regional Director entered into a "STIPULATION FOR
CERTIFICATION OF REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on December 18, 1940, under the direction and supervision
of the Regional Director among all production and maintenance em-
ployees at the Ternstedt-Trenton Division of General Motors Cor-
poration, excluding direct representatives of the management, such
as officers and directors of the corporation, sales managers and assist-
ant sales managers, factory managers and assistant factory managers,
directors and employees of sales, accounting, personnel, and indus-
trial relations departments, directors of purchases and assistant di-
29 N. L. It. B., No. 22.
122
49
GENERAL MOTORS CORPORATION 123
rectors of purchases, superintendents and assistant superintendents,
general foremen, foremen and assistant foremen, and all other per-'
sons working in a supervisory capacity, including those having the
right to hire or discharge and those whose duties include recomnYen-
dation as to airing or discharging (but not leaders), and those em-
ployees whose work is of a confidential nature, tine-study men, plant-
protection employees (but not to include maintenance *patrolmen or,
fire patrolmen), all clerical employees, shift engineers and shift oper-
ating engineers in power plants, designing (drawing board), pro-
duction 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, indentured apprentices, and those technical
or professional 'employees who are receiving special training, and
kitchen or cafeteria, help, to deterinine whether or not said employees
desire to be represented by. the Union. On December 23, 1940, the
Regional Director issued and duly served upon the parties his Elec-
tion Report on the ballot. No objections to the conduct of the ballot
or the Election Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total eligible to vote_____________________________________ 2,609
Total valid votes cast______________________________________ 2,458
Total number of ballots cast for United Automobile Workers
of America, affiliated with the C I. 0____________________ 1, 872
Total number of ballots cast against United Automobile
Workers of America, affiliated with the C. I 0_____________ 586
Total number of blank ballots_____________________________ 5
Total number of void ballots_______________________________ 2
Total number of challenged ballots_________________________ 12
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of employees at the Ternstedt-Trenton Division of Gen-
eral Motors Corporation, Trenton, New Jersey, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of .the National Labor
Relations Act.
2. All production and maintenance employees at the Ternstedt-
Trenton Division of General Motors Corporation, excluding direct
representatives of the management, such as officers and directors of
the corporation, sales managers and assistant sales managers, fac-,
tory managers and assistant factory managers, directors and em-
124 DECIS[ONS OF NATIONAL LABOR, RELATIONS BOARD
ployees of sales, accounting, personnel, and industrial relations de-
partments, directors of purchases and assistant directors of pur-
chases, superintendents 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 fire patrolmen), all clerical employees, shift engineers
and shift operating engineers in power plants, designing (drawing
board), 'production estimating and planning engineers, draftsmen
and detaile_rs, physicists, chemists, metallurgists, artists, designer-
artists, and clay and plaster modelers _(but not those who make pat-
terns), timekeepers, technical school students, indentured apprentices,
and those technical or professional employees who are receiving spe-
cial training, and kitchen or cafeteria help, constitute a unit appro-
priate for the purposes of" collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. International Union, United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of the employees in the above
unit and is their representative for the purposes of collective bar-
gaining and is the exclusive representative of all employees in the
said unit, 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 Re-
lations Act,
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 at- the Ternstedt-Trenton
Division of General Motors Corporation, Trenton, New Jersey, ex-
cluding direct representatives of the management, such as officers and
directors of the corporation, sales managers and assistant sales man-
agers, factory managers and assistant factory managers, 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
GENERAL MOTORS CORPORATION 125
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 fire patrolmen), all
clerical employees, shift 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, indentured apprentices, and those technical or professional
employees who are receiving special training, and kitchen or cafe-
teria help, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
Act, International Union, United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations, is the ex-
clusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.