General Motors Corp.

National Labor Relations Board - Board Decisions

Feb 24, 1942

39 N.L.R.B. 145 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, GENERAL MOTORS
PARTS DIVISION, NATIONAL CONTROL OFFICE & WAREHOUSE (FLINT,
MICHIGAN) and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AF-
FILIATED WITH THE C. I. O.
Case No. 3482.-Decided February 24, 1942
Practice and Procedure : petition dismissed where results of an election held
pursuant to a stipulation for certification upon consent election show that no
representative has been selected by a majority of employees in the appro-
priate unit.
Mr. T. H. McKeon, for the Board.
Mr. H. M. Hogan, -Mr. A. F. Power, Mr. Denton Jolly and
'Mr. Robert C. Carson, of Detroit, Mich., for the Company.
Mr. Terrell Thompson, of Flint, Mich., for the Union.
Mr. Robert E. Tillman, of counsel to the Board. '
DECISION
AND
ORDER
STATEMENT OF THE CASE
On May 8, 1941, June 14, 1941, September 4, 1941, and January 10,
1942, respectively, International Union, United Automobile, Air-
craft, and Agricultural Implement 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, and amended
petitions, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of General Motors Corpora-
tion, General Motors Parts 'Division, National Control Office &
Warehouse, Flint, Michigan, herein called the Company, engaged in
the business of maintaining records of sales and inventories and dis-
tributing automobile parts, accessories, and other products, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On January 7, 1942, the National Rela-
tions Board, herein called the Board,-acting pursuant to Section 9 (c)
39 N. L . R. B., No. 26.
145
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 January
5, 1942, the Company, the Union, and the Field Examiner entered
Into a "STIPULATION FOR CERTIFICATION OF REPRESENTATIVES UPON
CONSENT ELECTION."
Pursuant to the stipulation , an election by secret ballot was con-
ducted on January 20 , 1942, under the direction and supervision of
the Regional Director , among all clerks in the National Order De-
partment ; Regional Order Department ; National Follow-up Depart-
ment; Buick-Oldsmobile -Pontiac Order Department ; Tabulating
Department ; Bookkeeping Department ; Investigation , Files and
Stationery Department ; Stenographic Department ; Parts Order
Department ; Receiving Office; Shipping Office and Export Office,
excluding Manager, Assistant Manager, General Supervisors , Super-
visors, Assistant Supervisors , Confidential . Secretaries, Employee
Record Clerks, Surplus Clerks, Analyzation Clerk, and all em-
ployees in a supervisory or confidential capacity , in the General
Motors Parts Division , National Control , Office and Warehouse,
Flint, Michigan, to determine whether or not they desired to- be
represented by the Union. On January 22, 1942, the Regional Di-``+.,
rector issued and duly served upon the parties an Election Report
on the ballot . No objections to the conduct of the ballot or the
Election Report have been filed by either of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list ---------- I___________________________ 314
Total ballots cast__________________________________________ 301
Total ballots challenged____________________________________ 0
'Total blank ballots_________________________________________ 3
Total void ballots__________________________________________ 0
Total valid votes counted___________________________________ 298
Votes cast for International Union, United Automobile, Air-
craft, and Agricultural Implement Workers of America,
affiliated with the C. I. 0._____________________________-_ 136
Votes cast against International Union, United Automobile, Air-
craft, and Agricultural Implement Workers of America,
affiliated with the C. I. 0.________________________________ 162
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees in the
appropriate unit. The petitions of the International Union, United
Automobile, Aircraft, and Agricultural Implement, Workers of
America, affiliated with the C. I. 0., for investigation and certifica-
tion of representatives of employees of General Motors Corporation,
GENERAL MOTORS CORPORATION 147
General Motors Parts Division, National Control Office & Ware-
house, Flint Michigan, will therefore be dismissed.
_ ORDER
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 ORDERED that the petition for investigation and cer-
tification of representatives of employees of General Motors Cor-
poration, General Motors Parts Division, National Control Office &
Warehouse, Flint, Michigan, filed by International Union, United
Automobile, Aircraft, and Agricultural Implement Workers of
America, affiliated with the C. I. 0., be, and it hereby is, dismissed.