37 N.L.R.B. 1162 (N.L.R.B. 1941)

General Motors Corp.

National Labor Relations Board - Board DecisionsDec 31, 1941

37 N.L.R.B. 1162 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE- MENT WORKERS OF AMERICA, 'AFFILIATED WITH THE C. I. O. Case No. R-3377.-Decided December 31, 1941 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. H. M. Hogan, Mr. A. J. Power, Mr. Denton Jolley, and Mr. Robert C. Carson, of Detroit, Mich., for the Company. Mr. Edward Cote and Maurice Sugar & Earnest Goodman, by Earnest Goodman, of Detroit, Mich., for the Union. Mr. Ralph S. Clifford, 'of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On September 24, 1941, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the C. I. 0., herein called the Union, filed with theaRegional 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, Detroit, Michigan, herein called the Company, 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 November 25,1941, 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 November 24, 1941, the. Company, the Union; and the Field Examiner, entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." 37 N. L. R. B., No. 197. 1162 GENE RAL MOTORS CORPORATION - 1163 Pursuant.to the stipulation, an election by secret ballot was con- ducted on December 2, 1941, ^ under the direction and` supervision of the Regional Director among all commissary employees, includ- ing cooks, coffee makers, kitchen helpers, wagon attendants, and distributors in the Commissary, but excluding the resident man- ager, the cashier, checkers, checker-wagon attendants, 'clerks, and all supervisory, executive, and office employees at Plants 21, '23, 37 and, the Fleetwood Plant of Fisher Body Division, General Mo tors Corporation, and Ternstedt Manufacturing Division,. General Motors Corporation, Detroit, Michigan, who were in the employ of or on the seniority list of the Company during the pay period end- ing nearest November 1, 1941, to determine whether or not they desired to be represented by the Union - for the ' purposes of col- lective bargaining. On December 3, 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 Elec- tion Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list--------------------------------------- 45 Total ballots cast-------------------------------------------- 44 Total ballots challenged-------------------------------------- 0 Total blank.ballots------------------------------------------ 0 Total void ballots ------------- ----------------------------- 0 Total valid votes cast--------------------------------------- 44 Votes cast for International Union, United Automobile, Air- craft and Agricultural Implement Workers of America, affil- iated with the C. I. 0------------------------------------ 30 Votes cast against International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the C. I. 0---------------------------------- 14 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, Detroit, Michigan, at its Fisher Body and Ternstedt Manufacturing Divi- sions, at Detroit, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All commissary employees, including cooks, coffee makers, kitchen helpers, wagon attendants, and distributors in the com- missary, but excluding the resident manager, the cashier, checkers, checker-wagon attendants, clerks, and all supervisory, executive, and office employees, at Plants 21, 23, 37 and the Fleetwood Plant 1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Fisher Body and Ternstedt Manufacturing Divisions of General Motors Corporation, 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 and Agri- cultural 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 collec- tive bargaining and is the exclusive representative of all the em- ployees 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 Re- lations Act, IT IS HEREBY CERTIFIED that International Union; United Automo- bile, Aircraft and Agricultural Implement Workers of America, affiliated with the C. I. 0., has been designated and selected by a majority of all commissary- employees, including cooks, coffee makers, kitchen- helpers,- wagon attendants, and distributors in the commissary,, but-excluding the resident manager, cashier, checkers, checker-wagon attendants, clerks, and all supervisory, executive, and office employees at- Plants 21, 23, 37 and the Fleetwood Plant of Fisher Body and Ternstedt Manufacturing Divisions of General Motors Corporation, Detroit, Michigan, as their representative for the purposes -of collective bargaining, and that pursuant to the pro- visions of Section. 9 (a) of the Act, International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, affiliated with the C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining in re- spect to rates of pay, wages, hours of employment, and other con- ditions of employment.