General Motors Corp.

National Labor Relations Board - Board Decisions

Apr 30, 1941

31 N.L.R.B. 525 (N.L.R.B. 1941)

In the ' Matter of GENERAL MOTORS CORPORATION , DELCO BRAKE DIVISION
and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF
AMERICA, LOCAL 696, AFFILIATED WITH THE C. I. O.
Case No. R-2470.-Decided April 30, 1941
Investigation and Certification of Representatives : stipulation for certifica-
tion of representatives upon consent election.
Mr. H. M. Hcgan, Mr. A,. J. Power, Mr. Denton Jolly, and Mr.
Robert C. Carson, for the Company.
Mr. Hugh Ritenour and Mr. Wendell M. Gresehl, for the Union.
Mr. William H. Bartley, 'of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On February 24, 1941, International Union, United Automobile
Workers of America, Local 696, affiliated with the C. I. 0., herein
called the Union, filed with the Regional Director for the Ninth Re-
,gion (Cincinnati, Ohio) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Motors Corporation Delco Brake Division, herein called the
Company, engaged in the manufacture of automobile brakes, hy-
draulic controls, and other automobile parts and equipment at Dayton,
Ohio, and' requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On April 16, 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 Regulations-Series 2, as
amended, ordered, nuns pro hire as of March 21, 1941, an investigation
and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice. On March 21, 1941, the
Company, the Union, and the Regional Director entered into a
"STIPULATION FOR CERTIFICATION OF, REPRESENTA-
TIVES UPON CONSENT ELECTION." -
Pursuant to the stipulation, an election by secret ballot was con-
ducted on April 2, 1941, under the direction and supervision-of the
31 N. L. R. B., No. 83.
. - 525
526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Regional Director, among all production and maintenance employees,
and mechanical employees in engineering department shops of the
Delco Brake Division of the Company with the exclusions set out
below, to determine whether or not said employees desired to be re-
presented by the Union for the purposes of collective bargaining with
the Company. On April 3, 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
concerning the balloting and its results :
Number of alleged eligible voters---------------------------- 669
Number of ballots placed in ballot box--------------------- 648 -
Number of unchallenged ballots for International Union,
United Automobile Workers of America, Local 696, affiliated
with the C. I. 0.----------------------------------------- 357
Number of unchallenged ballots against International Union,
United Automobile Workers of America, Local 696, affiliated
with the C. I. 0----------------------------------------- 279
Number of challenged ballots-------------------------------- 0
Number of blank ballots------------------------------------ 8
Number of spoiled ballots----------------------------------- 4
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, Delco Brake
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 and maintenance employees, and mechanical em-
ployees in engineering department shops of General Motors Corpora-
tion, Delco Brake Division, excluding, however, direct representatives
.of Management such as officers and directors of the Corporation, em-
ployees of sales, accounting, personnel and industrial relations de-
partments, superintendents and assistant superintendents, general
foremen, foremen and assistant foremen, and all other persons work-
ing 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 em-
ployees (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-plaster modelers, time-
GENERAL MOTORS CORPORATION 527
keepers, technical school students , indentured apprentices , and those
technical or professional employees who are receiving training,
kitchen and cafeteria help, constitute a unit appropriate for-the pur-
poses of collective bargaining, within the meaning of Section 9 (b') of
the National Labor Relations Act.
3. International Union, United Automobile Workers of America,
Local 696 , affiliated with the C. I. 0., has been designated and selected
by a majority of the employees in the above unit as their representa-
tive for the purposes of collective bargaining , and is the exclusive rep-
resentative 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 Automobile
Workers` of America, Local 696, "affiliated with the C . I. 0. has been
designated and selected by a majority of all production and mainte-
nance employees, and mechanical employees in engineering department
shops of General Motors Corporation , Delco Brake Division , exclud-
ing, however , direct representatives of Management such as officers
and directors of the Corporation , employees of sales, accounting, per-
sonnel and industrial relations departments , superintendents and
assistant superintendents , general foremen, foremen and assistant
foremen, and all, other persons working in a supervisory capacity in-
cluding 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 main-
tenance patrolmen or fire patrolmen ), all clerical employees , chief en-
gineers 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-plaster modelers, timekeepers , technical
school students , indentured apprentices , and those technical or pro-
fessional employees who are receiving training , kitchen and cafeteria
help, as their representative for the purposes of collective bargaining,
and-that pursuant to the provisions of Section 9 (a) of the Act, In-
ternational Union, United Automobile Workers of America, Local
696, affiliated 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.