General Motors Corp.

National Labor Relations Board - Board Decisions

Dec 5, 1941

37 N.L.R.B. 322 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION, SAGINAW STEERING
GEAR DIVISION, MACHINE GUN PLANT and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT' & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-3300.=Decided Dece'aber 5, 1941
'Investigation'and'Certification of Representatives : stiplilation'for `certification
of representatives upon consent election.
Mr. T. -H..McKeon, for the Board.
1llr: rH. ,111. Hogan,. Mr:• A..F.. Power, Mr. ,Denton Jolly,, and, Mr.
Robert C. Carson; of Detroit, Mich.' fo'r the,Company.
Mr. Maurice Sugar and Mr. N. L. Srwokler, 'of Detroit, Mich. for
the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 8, 1941, and on August 25, 1941, respectively, Interna-
tional Union, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, affiliated with the C. I. 0., herein called
the Union,' filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Motors Corporation, Saginaw Steering Gear Division, Ma-
chine Gun Plant, herein called the Company,2 which is engaged in
the manufacture of machine guns and parts therefor for the United
States Government, at Saginaw, Michigan, and requesting an investi-
gation and certification of representatives, pursuant to Section 9 (c)
IIn the earlier formal papers the Union was referred to as "International Union,
United Automobile Workers of America, affiliated with the C I. 0." In later papers it
was called "International Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the FJ. I 0.," which is the designation we have
adopted herein.
2 The Company was erroneously referred to in certain of the formal papers as "Saginaw
Steering Gear Company."
37 N. L. R. B., No. 52.
322
- /GENERAL MOTORS' CORPORATION ' 323'
of the, National Labor Relations Act, 49 Stat. 449, herein, called the
Act. `On October 11, -1941, and on October 14,'1941, 'respectively,
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,' issued its Order Directing Investigation and 'Hearing
and its Amended Order Directing Investigation and'Hea"ring, respec-
tively, and authorized the Regional Director to conduct such investi-
gation-and to provide for such hearing upon due notice. On October
9, 1941, the Company, the Union, and a Field Examinier for the' Board
entered into a "STIPULATION FOR CERTIFICATION OF REPRESENTATIVES
UPON CONSENT ELECTION."
Pursuant, to, the stipulation an election by secret ballot was con-
ducted on ,November 6, 1941, under the, direction . ,and supervision
of the Regional Director, among all, production .and, maintenance em-
ployees, and mechanical employees in engineering department shops
of General Motors Corporation, Sagmaw Steering Gear; Division,
Machine Gun, Plant, excluding, however, direct, representatives of
management, such as officers' and directors, of the corporation,',em-
ployees of, sales accounting, personnel 'and industrial relations depart-
ments, superintendents and assistant superintendents,. general fore-
men, 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 patrol-
men), all clerical employees, chief engineers and shift, operating
engineers 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, those technical or professional employees who are receiving
training, and, kitchen and cafeteria help, to determine whether or not
said employees desired to be represented by the Union for the pur-
poses of collective bargaining. On November, 7, 1941, the Regional
Director issued and duly served upon the parties an Election Report
on the ballot. No objections to the conduct-of the election or to 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_____ _______________________________ 1476,
ballots cast_________________________________________,Total 1412'-
Total ballots challenged___________________________________ 0
324 DECISIONS OF, NATIONAL , LABOR RELATIONS BOARD
Total blank ballots--- -------------------------- 3
Total void ballots _____-------- _-------------- __--------- 3
Total valid votes cast_______________________________ 1406
Votes cast for International Union, United Automobile, Air-
craft and Agricultural"'Implement Workers of America,
affiliated with the C. I. O_______' 1197
Votes cast against International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America,
,affliated with the C. I. O_______________________________ 209
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, Saginaw
Steering Gear Division, Machine' Gun Plant, Saginaw, `Michigan,
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
employees in engineering' department shops of General Motors Cor-
poration, Saginaw Steering Gear Division, Machine Gun Plant,
excluding, however, direct representatives of management. such as
officers and directors of the corporation, employees of sales, account-
ing, personnel and industrial, relations departments, superintendents
and assistant superintendents, general foremen, foremen and assist-
ant 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 in-
clude maintenance patrolmen or fire patrolmen), all clerical em-
ployees, chief engineers and shift operating engineers in power
plants, designing (drawing board), production, estimating and plan-
ning engineers, draftsmen and detailers, physicists, chemists, metal-
lurgists, artists, designer-artists and clay plaster modelers, time-
keepers, technical school 'students, indentured apprentices, 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, Aircraft & Agricul-
tural Implement 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
GENERAL MOTORS CORPORATION 325
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.
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 International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
affiliated with the C. I. 0., has 'been designated and selected by a
majority of all production and maintenance employees, and mechan-
ical employees in engineering department shops, of General Motors
Corporation, Saginaw Steering Gear Division, Machine Gun Plant,
Saginaw, Michigan, 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 w.hos^,, 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 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 and clay
plaster modelers, timekeepers, technical- school students, indentured
apprentices, those technical or professional employees who are receiv-
ing training, and kitchen and cafeteria help, as their representative
for the purposes of collective bargaining, and that, pursuant to-Sec-
tion 9 (a) of the Act, International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, 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.
433257-42-vor, 37-22