General Motors Corp.

National Labor Relations Board - Board Decisions

Mar 20, 1941

30 N.L.R.B. 480 (N.L.R.B. 1941)

Ili the Matter of INLAND MANUFACTURING DIVISION , GENERAL MOTORS
CORPORATION and THE INLAND EMPLOYEES ' ASSOCIATION
In the Matter Of INLAND ' MANUFACTURING Co. DIV. OF GEN . MOTORS
and UNITED RUBBER WORKERS OF AMERICA , AFF. WITH THE C. I. O.
Cases Nos. R-2355 and R-0356.-March 20, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Philip G. Phillips, for the Board.
Mr. Carlos J. Jolly and Mr. Robert C. Carson, for the Company.
Mr. Ralph H. Dissinger and Mr.,George Newland, for the Associ-
ation.
Mr. Howard R. Lloyd and Mr. Harold E. Beck, for the C. I. O.
Mr. Paul W. Rion for the Joint Counsel.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On May 17, 1940, The Inland Employees' Association, herein called
the Association, filed with the Regional Director for the Ninth
Region (Cincinnati, Ohio) a petition and on October 28, 1940, Inter-
national Union, United Rubber Workers of America, affiliated with
the Congress of Industrial Organizations, herein called the C. I. 0.,
filed with the Regional Director a petition. Each of the petitions
alleged that a question affecting commerce had arisen concerning
the representation of employees of General Motors Corporation,
Inland Manufacturing Division, herein called the Company, engaged
in the manufacture of rubber and metal parts and accessories at'
Dayton, Ohio, and requested an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On November 18, 1940,
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 2,
as amended, ordered an investigation and authorized the Regional,
30 N. L. R. B., No. 69.
480
INLAND MANUFACTURING DIVISION 481
Director to conduct it and to provide for an appropriate hearing
upon due notice, and further ordered, pursuant to Article III, Sec-
tion 10 '(c) (2), of said Rules and Regulations, that the cases be
consolidated. On November 15, 1940 the Company, the Associa-
tion, the C. I. 0., the Regional Director, and Joint Council, Inter-
national Union Operating Engineers and International Brotherhood
of Firemen -and Oilers, affiliated with the American Federation of
Labor, Intervenor, herein called the Joint Council, entered into a
"Stipulation for Certification of Representatives Upon Consent
Election." '
Pursuant to the Stipulation, elections by- secret ballot were con-
ducted on December 12, 1940, under the direction and supervision of
the Regional, Director among stationary engineers, firemen,. and ap-
prentice stationary. engineers, excluding the chief engineer, and
among all production employees, including those employees directly
associated with production, including tool and die makers, and mainte-
nance employees of Inland Manufacturing Division, excluding how-
ever, 'direct representatives of, Management such as officers and
directors of the'Corporation, sales managers and assistant sales man-
agers, factory manager, assistant factory manager,, directors'. and em-
ployees of sales, accounting, personnel and industrial relations depart-
ments, directors of purchases and assistant directors of purchases,
supervisors and assistant' supervisors, . general. foremen, foremen and
assistant foremen, and all other persons -working in a super-
visory capacity, including- those having the right to, hire or
discharge and those whose duties include recommendations as to
hiring or discharging and those employees whose work is of a con-
fidential nature, time-study-men, plant-protection- employees, all cler-
ical employees, chief, engineer, process engineers, tool engineers,
designing (drawing board), production, estimating; and planning
engineers, draftsmen and detailers, physicists, chemists, metallurgists,
artists and designer-artists, timekeepers, technical school students,
,cooperative school students, and those technical or professional em-
ployees who are receiving special training, and also excluding sta-
tionary engineers, firemen, and apprentice stationary engineers. The
results of the elections were inconclusive.)
'The results of the plant-wide election as reported by the Regional, Director were as
follows : - .
Number of alleged eligible voters___--------------- ________________ 2, 470
Number of ballots placed in ballot box- ------ ____________'_---_--- 2, 338
Number of unchallenged ' ballots for 'United Rubber Workers'of Amer
lea,- C. I. 0------------------------------------------------ 1, 159
Number of unchallenged ballots for Inland Employees' Association--- 1, 049
Number of unchallenged ballots for Neither,,-___'------------------ 118
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Thereafter, on January 17, 1941, and January 29, 1941, the parties
-entered -into a "Supplemental Stipulation For Certification of Repre-
sentatives Upon Consent Election" and a "Supplemental Stipulation
-for Boiler Room Run-Off Election," by the terms of which the parties
-agreed to-run-off elections subject to the terms and conditions of the
original "Stipulation."' It was provided that the election in the
smaller unit should precede the- plant-wide election and that, if the
'Joint Council were chosen by a majority of the employees voting in
the election it should be certified. It was further provided that in the
event that the Joint Council did not* receive a majority, the election
would be null and void and the stationary-engineers, firemen, and ap-
prentice-stationary engineers should vote in the larger election. The
terms and conditions of the holding of the:elections, and all details
in regard thereto, were agreed upon by all parties.
. Pursuant to the supplemental 'Stipulation, -a run-off election by
secret ballot was conducted on February 10,. 1941, under the direction
and supervision of the Regional Director among stationary engineers,
firemen, and apprentice-stationary engineers, excluding the chief
engineer. ^ The ,results of this election as reported by the Regional
Director were, as follows :
Number of alleged eligible voters---------------------------- 15
Number of ballots placed in ballot box------------------------ 10
Number of unchallenged ballots for Inland Employees' Asso-
ciation--------------------------- 4----------------------- 1
Number of unchallenged ballots for United Rubbers Workers
of America , C. I. 0---------------------------------------- 4
Number of unchallenged ballots for Joint Council Int'l Union
Operating Engineers Int'l Brotherhood Firemen & Oilers, A. F.
of L----------------------------------------------------- 5
According to the agreement of the parties, these employees were per-
mitted to participate in the plant-wide run-off election which was
held on February 12, 1941, under the direction and supervision of the
Regional Director. On February 17, 1941, the Regional Director
issued and duly served upon the parties his Election 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 the small unit the results . of the election as reported by the Regional Director -were as
follows : - •
Number of alleged eligible voters ---------------------------------- 15
Number of ballots placed in ballot box------------------------------ 13
Number of unchallenged ballots for Inland Employees ' Association----- 2
Number of unchallenged ballots . for United Rubber Workers of America,
C I. 0------------------------------------------------------- 6
Number of unchallenged ballots for Joint Council , A F. of L-----------
-
-5
Number of unchallenged ballots for Neither----------- -- --- -------- 0
-
_
INLAND MANUFACTURING DIVISION 483'
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Number of alleged eligible voters------------------------ --- 2, 459
Number of ballots placed in ballot box--------------------- 2,258
Number of unchallenged ballots for United Rubber Workers of
America, C. I. 0--------------------------------------- 1,168
Number of unchallenged ballots for Inland Employees' Asso-
ciation ---- -.------------------------------------------- 1,062
Number of challenged ballots--- --------------------------- 3
Number of blank ballots --------------------------------- 11
'Number of spoiled ballots --------------------------------- 14
Upon the basis of the Stipulation, the supplemental Stipulations,
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 repre-
sentation of employees at General Motors Corporation, Inland Manu-
facturing Division, Dayton, Ohio, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production employees of General Motors Corporation, In-
land' Manufacturing Division, including those directly associated with
production, including tool and die makers, and maintenance employees,
-and specifically, including stationary engineers, firemen, and appren-
tice-stationary' engineers, but excluding direct representatives of
Management such as- officers and directors of the Corporation, sales
managers and assistant, sales managers, factory - manager, assistant
factory, managers, directors and employees of sales, accounting, per-
sonnel and industrial relations departments, directors of purchases
and assistant directors of purchases, supervisors and assistant super-
visors, 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 recommenda-
tion as to-hiring or' discharging, and those employees whose work is of
a confidential nature, time-study men, plant-protection employees, all
clerical employees, chief engineer, process engineers, tool engineers,
designing (drawing board), production, estimating and planning
engineers, draftsmen and detailers, physicists, chemists, metallurgists,
artists and, designer-artists, timekeepers, technical school students,
cooperative school students, and those technical or professional em-
ployees who are receiving special training, 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 Rubber Workers of America, affili- '
ated with the Congress of Industrial Organizations, has been desig-
440135-42-Vol 30-32
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nated and selected by a majority 'of the employees in the above unit
and is their representative for the purposes of collective bargaining,
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 Relations Act,
IT IS HEREBY . CERTIFIED that International Union, United Rubber
Workers of America, affiliated-with the Congress of Industrial Organi-
zations, has been designated and selected by a majority of all` pro-
duction employees of General Motors Corporation, Inland Manufac-
turing Division, Dayton, Ohio,, including those directly associated
with production, including tool and die makers , and maintenance
employees, and specifically including stationary engineers , -firemen,
and apprentice-stationary engineers, but excluding direct representa-
tives of Management such as officers and directors of the Corporation,
sales managers and assistant sales managers; .factory manager, assist-
ant factory managers , directors, and employees of sales , accounting,
personnel and industrial relations departments, directors of purchases
and assistant directors of purchases, supervisors and assistant super-
visors, 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 recommen-
dation, as to hiring or discharging, and those employees whose work
is of a confidential nature, time-study men, plant-protection em-
ployees, all clerical employees, chief engineer, process engineers, tool
engineers, designing (drawing board), production, estimating and
planning engineers, draftsmen and detailers, physicists, chemists,
metallurgists, artists and -designer-artists, , timekeepers, technical
school students; cooperative school students, and those technical or
professional employees who are receiving special ' training, as their
representative for the purposes of collective bargaining, and that,
pursuant to the provisions of Section 9 (a) of the Act, International
Union, United Rubber Workers of America, affiliated with the Con-
gress 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.