General Motors Corp.

National Labor Relations Board - Board Decisions

Sep 12, 1941

35 N.L.R.B. 386 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION DELCO PRODUCTS
DIVISION and LOCAL 755, UNITED ELECTRICAL, RADIO AND MACHINE
WORKERS OF AMERICA (CIO)
Case No. R-f922.Decided September 12, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Philip G. Phillips, for the Board.
Mr. H. M. Hogan and Mr. Denton Jolly, of Detroit; Mich., for the
Company,
Mr. Arthur L. Garfield, and Mr. E. J. Kraft, of Dayton, Ohio, for
the Union.
Mr. Dan M. Byrd, Jr., of counsel to tiT Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 28, 1941, Local 755, United Electrical, Radio and Machine
Workers of America (CIO), herein called the Union, filed with the
Regional Director for the Ninth Region (Cincinnati, Ohio) a peti-
tion alleging that a question affecting commerce had arisen con-
cerning the representation of employees of General Motors Corpo-
ration, Delco Products Division, herein called the Company, engaged
in the manufacture of shock absorbers, electric motors, and automo-
bile parts at Dayton, Ohio, and requesting and investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On, July
31, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appro-
priate hearing upon due notice. On July 30, 1941, the Company,
the Union, and the Regional Director entered into a "STIPU-
LATION FOR CERTIFICATION OF REPRESENTATIVES
UPON CONSENT ELECTION."
35 N. L. R B., No 79.
386
GENERAL MOTORS CORPORATION 387
Pursuant to the stipulation, an election by secret ballot-was con-
ducted on August 14, 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
machinists and experimental model builders in the model shop of
the Company, excluding foremen, assistant foremen, technical school
students, and those employees receiving special training.
On August 16, 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------------------------- 46
Number of ballots placed in ballot box--------------------- 42
Number of unchallenged ballots for Local 755, United Elec-
trical, Radio and Machine Workers of America, (CIO)_-- 34
Number of unchallenged ballots against Local 755, United
Electrical, Radio and Machine Workers of America,
(CIO) ------------------------------------------------- 8
Number of challenged ballots ------------------------------ 0
Number of-blank ballots--------------------------------- 0
Number of spoiled ballots-------------------------------- 0
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 rep-
resentation of employees of General Motors Corporation, Delco
Products Division, Dayton, Ohio, within the meaning of Section 9
(c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All machinists and experimental model builders in the model
shop of the Company, excluding foremen, assistant foremen, technical
school students, and those employees receiving special training, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. Local 755, United Electrical, Radio and Machine `Yorkers of
America (CIO) has been designated and selected by a majority of
the employees in the above unit as their representative for the pur-
poses of collective bargaining, and is the exclusive representative of
all employees in said unit, within the meaning of Section 9 (a)
of the National Labor Relations Act.
451270-42-vol 35-26
388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Relations Act,
IT Is HEREBY CERTIFIED that Local 755, United Electrical, Radio and
Machine Workers of America (CIO) has been designated and selected
by a majority of all machinists and experimental model builders in
the model shop of General Motors Corporation, Delco Products
Division, Dayton, Ohio, excluding foremen, assistant foremen, tech-
nical school students, and those employees receiving special training,
as their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, Local
755, United Electrical, Radio and Machine Workers of America
(CIO) 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.