General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 3, 1941

32 N.L.R.B. 270 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION, HARRISON RADIATOR
DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS
OF AMERICA, C. I. O.
Case No. B-2579.-Decided June 3, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Henry J. Winters, for the Board.
Mr. Denton Jolly, of Detroit, Mich., for the Company.
Mr. Peter J. Zanghi, of Buffalo, N. Y., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On January 23, and March ' 3, 1941, respectively, International
Union, United Automobile Workers of America, herein called the
Union, filed with the Regional Director for the Third Region
(Buffalo, New York) a petition and an amended petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of General Motors Corporation, Harrison
Radiator Division, engaged in the manufacture of automobile radi-
ators at Lockport, New York, 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 March 5, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) 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 March 17, 1941, the Company, the Union,
and the Regional Director entered into a "STIPULATION FOR
CERTIFICATION OF REPRESENTATIVES UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on April 17, 1941, under the direction and supervision of the
32 N. L. R. B., No. 58
270
GENERAL MOTORS CORPORATION 271
Regional Director among all production and maintenance employees
and mechanical employees in engineering department shops of General
Motors Corporation, Harrison Radiator Division, excluding however,
direct representatives of the management, such as officers 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, superin-
tendents 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 detailers, physicists, chemists, metallurgists, artists,
designer-artists, and clay and plaster modelers (but not those who
make patterns ), timekeepers, technical school students, indentured
apprentices, and those technical or professional employees who are
receiving special training, and kitchen and cafeteria help to determine
whether or not they desire the Union to represent them. On April 18,
1941, the Regional Director issued an Election Report on the ballot.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list------------------------------------- 3,125
Total ballots cast------------------------------------------ 2,942
Total ballots challenged ----------------------------------- 16
Total blank ballots---------------------------------------- 10
Total void ballots- ---------------------------------------- 2
Total valid votes cast ---------------------------------------
Votes cast for international union, United Automobile
2,914
Workers of America, C I. 0------------------------------ 1,404
Votes cast against International Union, United Automobile
Workers of America, C. I. 0---------------------------- 1, 510
On April 23, 1941, the Union filed objections to the election. On
May 21, 1941, the Regional Director issued a Report on Objections
finding that the objections filed by the Union are without merit. We
have considered the objections of the Union and the Regional Director's
Report thereon and find the objections to be without merit. The
objections are hereby overruled.
The results of the election show that no representative has been
selected by a majority of the employees in the appropriate unit. The
petition of International Union, United Automobile 'Workers of
America , C. I. 0., for investigation and certification of representa-
272 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
tives of employees of General Motors Corporation, Harrison Radiator
Division, Lockport, New York, will therefore be dismissed.'
Upon the basis of the stipulation, the Election- Report, the Report
on Objections, 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, Harrison Radi-
ator Division, Lockport, New York, 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 Corpo-
ration, Harrison Radiator Division, excluding however, direct repre-
sentatives of the management, such as officers and directors of the
Company, sales managers and assistant sales managers, factory manag-
ers 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 fore-
men, and all other persons working in a supervisory capacity, including
those having the right to hire or discharge and those whose duties in-
clude 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 (but not those who make patterns),
timekeepers, technical school students, indentured apprentices, and
those technical or professional employees who are receiving special
training, and kitchen and cafeteria help, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the Act.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of_representatives of employees of General Motors Corporation,
Harrison Radiator Division, Lockport, New York, filed by Interna-
tional Union, United Automobile Workers of America, C. I. 0., be,
and it hereby is, dismissed.