General Motors Corp.

National Labor Relations Board - Board Decisions

Jul 11, 1941

33 N.L.R.B. 343 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION , CHEVROLET MOTOR
DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS
OF AMERICA , AFFILIATED WITH THE C. I. O.
Case No. R-2703.-Decided July 11, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Henry J. Winters , for the Board.
Messrs. H. M. Hogan, A. J. Power, Denton Jolly, and Robert C.
Carson of Detroit, Mich. , for the Company.
Mr. Joseph L. Sayen of Buffalo, N. Y., for the Union.
Miss Marcia Hertzmark , for the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 24 and June 4, 1941, respectively, International Union,
United Automobile Workers of America, affiliated with the C. I. 0.,
herein called the Union, filed with the Regional Director for the
Third Region (Buffalo, New -York) a petition and an amended peti-
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees of General Motors Corporation,
Chevrolet Motor Division, herein called the Company, engaged in the
manufacture of automobile parts and accessories at Tonawanda, New
York, 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 June 6, 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 June 3, 1941, the Company, the Union, and the Regional Director
entered into a "STIPULATION FOR CERTIFICATION OF REP-
RESENTATIVES UPON CONSENT ELECTION."
33 N. L . R. B., No. 70.
343
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, an election by secret ballot was con-
ducted on June 26, 1941, under the direction and supervision of the
Regional Director among the following employees to determine
whether or not they desired to be represented by the Union : all pro-
duction and maintenance employees and mechanical employees in
engineering department shops of General Motors Corporation, Chev-
rolet Motor Division, Tonawanda, New York, excluding all em-
ployees of sales, accounting, personnel and industrial relations
departments, 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 and discharging (but not leaders) and those employees
whose work is of a confidential nature, time-study men, plant pro-
tection employees (but not to include maintenance patrolmen or fire
patrolmen) all clerical employees, chief engineers and shift operat-
ing engineers in power plants, designing (drawing board), produc-
tion, estimating and planning engineers, draftsmen and detailers,
physicists, chemists, metallurgists, artists, designer-artists, clay
plaster modelers, timekeepers, technical school students, indentured
apprentices, and those technical or professional employees who are
receiving training, kitchen and cafeteria help. On June 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
concerning the balloting and its results:
Total on eligibility list---------------------------------- 3,076
Total ballots cast------------------ ----------------------- 2,878
Total ballots challenged --------------------------------- 86
Total blank ballots--------------------------------------- 5
Total void ballots--------------------------------------- 1
Total valid votes cast ------------------------------- ------ 2,786
Votes cast for International Union, United Automobile Work-
ers of America , C. I. 0---------------------------------- 2,160
Votes cast -against International Union, United Automobile
Workers of America, C. I. 0----------------------------- 626
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, Chevrolet
Motor Division, Tonawanda, New York, within the meaning of Sec-
GENE'R'AL MOTOR'S CORPORATION, 'C$EVIROLET MOTOR DIVISION 345
tion 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 the Company except
employees of sales, accounting, personnel and industrial relations
departments, 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 hire or discharge (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 patrol-
men) all clerical employees, chief engineers and shift operating en-
gineers in power plants, designing (drawing board), production,
estimating and planning engineers, draftsmen and detailers, physi-
cists, chemists, metallurgists, artists, designer-artists and clay plaster
modelers, timekeepers, technical school students, indentured appren-
tices, and those technical or professional employees who are receiving
training, and 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 purposes of collective bargaining, and is the exclusive representa-
tive 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, affiliated with the C. I. 0., has been designated
and selected by a majority of the production and maintenance em-
ployees and mechanical employees in engineering department shops
of the Company, excluding employees of sales, accounting, personnel
and industrial relations departments, 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 and 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
346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, clay
plaster modelers, timekeepers, technical school students, indentured
apprentices, and those technical or professional 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, International Union, United
Automobile Workers of America, affiliated with the C. I. 0., is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.