General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 19, 1941

32 N.L.R.B. 856 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION , PACKARD ELECTRIC
DIVISION and LOCAL 732, UNITED ELECTRICAL RADIO AND MACHINE
WORKERS OF AMERICA (C. I. 0.)
Case No. R-2616.-Decided June 19,1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Hugh E. Sperry, for the Board.
Mr. Henry M. Hogan and Mr. Denton Jolly, of Detroit, Mich.,
for the Company.
Mr. Fred Haug, of Warren, Ohio, for Local 732.
Mr. Ralph Clifford, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 15, 1941, Local 732, United Electrical, Radio and Machine
Workers of America (C. I. 0.), herein called Local 732, filed with
the Regional Director for the Eighth Region (Cleveland, Ohio) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of the General Motors Cor-
poration, Packard Electric Division, herein called the Company,
engaged in the manufacture of automotive cable products, at Warren,
Ohio, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On May 19, 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 an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice. On May 19, 1941, the Company, Local 732, and the Regional
Director for the Board entered into a "Stipulation" for Certification
Upon Consent Election."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on May 27, 1941, under the direction and supervision of the
32 N. L. R. B., No 144.
856
GENERAL MOTORS CORPORATION 857
Regional Director among all production, inspection, maintenance,
machine shop, tool room, and shipping and receiving employees of
General Motors Corporation, Packard Electric Division, excluding
superintendents, assistant superintendents, general foremen, foremen,
assistant foremen, group leaders and all other persons working in a
supervisory capacity (including those having the right to hire or
discharge), all salaried employees, clerical employees, plant produc-
tion employees, laboratory and experimental employees, draftsmen
and detailers, technical or cooperative students, schedule dispatchers,
chief inspectors', timekeepers, and full-time cafeteria employees, and
excluding also all employees of the sales, engineering, purchasing,
accounting, time-study, production-control and personnel depart-
ments, to determine whether or not said employees desired to be
represented by Local 732. On April 29, 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 :
Total eligible to vote______________________________________ 1,559
Total ballots cast ------------------------------------------ 1,438
Total ballots challenged ----------------------------------- 16
a. Challenged ballots determined eligible_______________ 0
b. Challenged ballots determined not eligible----------- 0
Total blank ballots_______________________________________ 7
Total void ballots_________________________________________ 2
Total valid votes cast ------------------------------------- 1,413
Votes cast for Local 732, United Electrical Radio and Ma-
chine Workers of America (C. I. 0.) --------------------- 929
Votes cast against Local 732, United Electrical, Radio and
Machine Workers of America (C. I. 0.) ------------------ 484
Upon the basis of the stipulation, the Election Report, and the
entire record of 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, Packard
Electric Division, Warren, Ohio, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production, inspection, maintenance, machine shop, tool
room, and shipping and receiving employees of General Motors Cor-
poration, Packard Electric Division, excluding superintendents,
assistant superintendents, general foremen, foremen, assistant fore-
men, group leaders and all other persons working in a supervisory
capacity (including those having the right to hire or discharge), all,
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
salaried employees, clerical employees, plant production employees,
laboratory and experimental employees, draftsmen and detailers,
technical or cooperative students, schedule dispatchers, chief inspec-
tors, timekeepers, and full-time cafeteria employees, and excluding
also all employees of the sales, engineering, purchasing, accounting,
time-study, production-control, and personnel departments, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. Local 732, United Electrical, Radio and Machine 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 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 Local 732, United Electrical, Radio
and Machine Workers of America, affiliated with the Congress of
Industrial Organizations, has been designated and selected by a
majority of the production, inspection, maintenance, machine shop,
tool room, and shipping and receiving employees of General Motors
Corporation, Packard Electric Division, Warren, Ohio,, excluding
superintendents, assistant superintendents, general foremen, foremen,
assistant foremen, group leaders 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), all salaried employees, clerical employees,
plant protection employees, laboratory and experimental employees,
draftsmen and detailers, technical or cooperative students, schedule
dispatchers, chief inspectors, timekeepers, and full-time cafeteria
employees and excluding also all employees of the sales, engineering,
purchasing, accounting, time-study, production-control and personnel
departments, as their representative for the purposes of collective
bargaining, and that pursuant to the provisions of Section 9 (a) of
the Act, Local 732, United Electrical, Radio and Machine Workers
of America, affiliated with the Congress 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.