General Motors Corp.

National Labor Relations Board - Board Decisions

Mar 27, 1941

30 N.L.R.B. 639 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION, GENERAL MOTORS
BUILDING DIVISION and INTERNATIONAL UNION, UNITED AuTOMo-
BILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-2383.-Decided March 27, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election
Mr. Harold A. Crane field and Mr. T. H. McKeon, for the Board.
Mr. Henry M. Hogan, Mr. A. F. Power, Mr.-Denton Jolly, and
Mr. Robert C. Carson, of Detroit, Mich., for the Company.
Mr. Maurice Sugar and Mr. Emil Goodman, of Detroit, Mich., for
the Union.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 4, 1940, International Union, United Automobile
Workers of America, affiliated with the Congress, of Industrial Or-
ganizations, herein called the Union, filed with the Regional Director
for the Seventh Region (Detroit, Michigan) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of General Motors Corporation, General Motors
Building Division, herein called the Company, engaged in the opera-
tion and maintenance of several buildings of General Motors Corpo-
ration in Detroit, Michigan, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called, the At. On
February 27, 1941, 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 Regu-
lations-Series 2, as amended, ordered an, investigation and author-
ized the Regional Director to conduct it and to provide for an ap-
propriate hearing upon due notice. On February 28, 1941, the Com-
pany, the Union, and the Board entered into a "STIPULATION
FOR CERTIFICATION OF REPRESENTATIVES UPON
CONSENT ELECTION."
30 N. L. R. B., No 96.
639
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on March 4, 1941, under the direction and supervision of the
Regional Director, among service and maintenance employees of the
Company, employed-in General Motors Building and General Motors
Research Building "A" and "B",. Detroit, Michigan, including ele-
vator operators, janitors and janitresses, . service department em-
employees, carpenters, plumbers, electricians, masons, elevator main-
tenance employees, window washers, machine room operators, ma-
chine room repair inen, machine room handy men, delivery men and
helpers in receiving and shipping department but excluding direct
representatives of the management such as officers and directors of
the, Company, building supervisors and assistant supervisors, super-
intendents and assistant superintendents, foreladies and assistant
foreladies, foremen and assistant foremen and elevator starters, 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 'and those whose work
is of a confidential nature; all clerical employees, watchmen, chief
machine room engineer, shift operating engineers and kitchen, cafe-
teria and dining room employees, to determine whether or not said
employees desired to be represented by the Union. On March 6,
1941, the Regional Director issued and duly served upon the parties
his Election Report. 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 on eligibility list ------------------- _------------------ _ 278
Total ballots cast________ ___________________________________ 255
Total ballots challenged_____________________________________ 0
Total blank ballots ------------------ --------- -------------- 0
Total void ballots___________________________________________ 0
Total 'valid votes cast_______________________________________ 255
Votes cast for International Union, United Automobile Workers
of America , affiliated with C. I. O________________________ 233
Yates cast against International Union, United Automobile
Workers of America, affiliated •with the C. I. O------------ 22
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 repre-
sentation of employees of General Motors Corporation, General Mo-
tors Building Division, Detroit, Michigan, within the meaning of
Section 9 (c) and Section 2 (6) and (7) ,of the National Labor
Relations Act.
GENERAL MOTORS , CORPORATION , 641
2. Service and maintenance employees of the Company employed
in General Motors Building . and General Motors Research , Building
"A" and "B ", Detroit , Michigan , including - elevator . operators, jani-
tors and . janitresses , service department employees , carpenters,
plumbers, electricians , masons, elevator maintenance employees, -
window washers, machine room operators , machine room repair men,
machine room handy - men, delivery men-and helpers in receiving
and shipping department but excluding direct representatives of the
management such as. officers , and directors of the Company,
building supervisors and assistant supervisors ,, superintendents
and assistant superintendents, ` foreladies and assistant foreladies,
foremen and assistant foremen and elevator , starters, . 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: and those , whose,^work,is
of a confidential nature, all clerical employees ; watchmen , chief 'ma-
chine room engineer , shift operating engineers and kitchen , cafeteria
and dining room employees , 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 Congress 'of Industrial Organizations , has been desig-
nated and selected by a majority of the employees in the above unit
as their representative for the purposes of collective bargaining, and
is the exclusive representative of all the 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 Automo-
bile Workers of America , affiliated with the Congress of Industrial
Organizations , has been designated and selected by a majority of
service and maintenance employees of General Motors Corporation,
General. Motors Building Division , employed in General Motors
Building and General Motors Research Building "A " and "B". De-
troit, Michigan , including elevator operators , janitors, and jani-
tresses, service department employees, carpenters , plumbers,
electricians, masons, elevator maintenance employees , window wash-
ers, machine room operators , machine room repair men , machine
room handy men, delivery men and helpers in receiving and shipping
department but excluding direct representatives of the management
-642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
such as officers and directors of the Company, building supervisors
and assistant supervisors,- superintendents and assistant superinten-
dents, foreladies and assistant forladies, foremen and assistant fore-
men and elevator starters, 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 and those whose work is of a confidential
nature, all clerical employees, watchmen, chief machine room en-
gineer, shift operating engineers and kitchen, cafeteria and dining
room employees, as their representative for the purposes of collective
bargaining, and that International Union, United Automobile Work=
ere of America, affiliated with the Congress of Industrial Organiza-
tions, 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.