General Motors Corp.

National Labor Relations Board - Board Decisions

Apr 2, 1941

30 N.L.R.B. 882 (N.L.R.B. 1941)

In the Matter Of GENERAL MOTORS CORPORATION SAGINAW MALLEABLE
IRON DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE
WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. and SAGINAW'
PATTERN MAKERS ASSOCIATION, AFFILIATED WITH THE A. F. OF L.
Case No. R-0413.-Decided April 2, 1941i
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Harold A. Cranefceld, for the Board.
Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton Jolly and Mr. Rob-
ert C. Carson, of Detroit, Mich., for the Company.
Mr. Kenneth Forbes, for the U. A. W. A.-C. I. O. •
Mr. A. D. Webber, for the Pattern Makers.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
CERTIFICATION' OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 24, 1940, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., herein called the
U. A. W. A.-C. I. 0., filed with the Regional Director for the Seventh
Region (Detroit, Michigan) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of General Motors Corporation, Saginaw Malleable Iron Division,
herein called the Company, engaged in the manufacture and sale of
malleable castings and arena steel castings at Saginaw, Michigan,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On February 18, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant
to Section 9 (c) of the Act, Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On February 19, 1941, the Company, the U. A. W. A.-C. I. O. and
30 N. L R , 13, No. 125.
882
GENERAL MOTORS CORPORATION 883
Saginaw Pattern Makers Association, affiliated with the A. F. of L.,
herein called the Pattern Makers, and the Acting Regional Director of
the Board entered into a "Stipulation for Certification upon C onsent
Election."
Pursuant to the above stipulation, an election by secret ballot was
conducted on February 24, 1941, under the direction and supervision
of the Regional Director, among all wood pattern makers and model
makers working on bench or the machine (but not shaper hands),
metal pattern makers working on bench or machine, model and pat-
tern checkers, keller model set-up men, and the apprentices of these
classifications, employed by the Company, but excluding supervisory
and salaried employees and all those whose work is of a confidential
nature, to determine whether said employees desired to be represented
by the U. A. W. A.-C. I._ O., by the Pattern Makers, or by neither.
On February 27, 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 his Election Report the Regional Director reported
as follows the balloting and its results :
Total number eligible to vote------------------ ______________ 19
Total number of ballots cast_________________________________ 17
Total number of votes for U. A. W. A.-C. I. O__________________ 11
Total number of votes for Pattern Makers_ ___________________ 5
Total number of blank ballots_______________________________ 0
Total number of void ballots_________________________________ 0
Total number of challenged ballots___________________________ 1
,
The stipulation ,provided , among other things, that if a majority
of those voting in the election should designate the U. A. W. A:
C. 1. 0., then the pattern makers should merge and become part of
the larger unit of production and maintenance employees for whom
the U. A. W. A.-C. I. O. has previously been certified.'
Upon the basis of the stipulation , the Election Report, and the entire
record , the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre=
sentation of employees of General Motors Corporation, Saginaw Mal-
leable Iron Division, Saginaw, Michigan, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
1 See the Board 's Fourth Supplemental Decision ' and Certification of Representatives
In the Matter of General Motors Corporation and International Union, U. A. W. A., affiliated
with the A. F. L., at al., 26 N. L. R. B. 60.
440135-42-Vol 30-57
884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All production and maintenance employees, and mechanical em-
ployees in engineering department shops, employed by the Company,
including non-salaried wood pattern makers and model makers, work-
ing on bench or machine (but not shaper hands), metal pattern makers
working on bench or machine, model and pattern checkers, keller
model set-up men, and the apprentices of these classifications, but
excluding direct representatives of the management, such as officers
and directors of the Company, 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
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, 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,
timekeepers, technical school students, indentured apprentices, and
those technical or professional employees who are receiving special
training, kitchen and cafeteria help, constitute a unit appropriate 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 C. I. 0.,, has been designated and selected by a
majority of the employees in the above unit as their representative
for the purpose of collective bargaining and is the exclusive repre-
sentative of all such employees in 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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that International Union, United Automobile
Workers of America, affiliated with the C. I. 0., has been designated
and selected by the majority of all production and maintenance em-
ployees, and mechanical employees in engineering department shops,
employed by General Motors Corporation, Saginaw Malleable Divi-
GENERAL MOTORS OORPORATTON 885
Sion, including non-salaried wood pattern makers and model makers,
working on bench or machine (but not shaper hands), metal pattern
makers working on bench or machine, model and pattern checkers,
keller model set-up men, and the apprentices of these classifications,
but excluding direct representatives of the management, such as of-
ficers 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, 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, chief engineers and shift
operating engineers in power plants, designing (drawing board),
production estimating and planning engineers, draftsmen and de-
tailers, physicists, chemists, metallurgists, artists, designer-artists
-and clay and plaster modelers, timekeepers, technical school students,
indentured apprentices, and those technical or professional em-
ployees 'who are receiving special training, kitchen and cafeteria
help, as their representative for the purposes of collective bargaining
and that pursuant to. the provision of Section 9 (a) of the Act,
International Union, United Automobile Workers of America, affili-
ated with the C. I. 0., 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.