General Motors Corp.

National Labor Relations Board - Board Decisions

Mar 14, 1942

39 N.L.R.B. 804 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, FISHER BODY DIVISION
(FISHER AIRCRAFT UNrr, PLANT 21) and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. B-3598.-Decided March 1 4, 194
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. T. H. McKeon, for the Board.
Mr. Henry M. Hogan, Mr. A. F. Power, Mr. Denton Jolly and Mr._
Robert C. Carson, of Detroit,' Mich., for the Company.
Mr. William McGill, Mr. Maurice Sugar and Mr. Ernest Goodman,
of.Detroit, Mich., for the Union.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 4,1941, International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America, affiliated with
the Congress of Industrial Organizations, 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, Fisher Body Division (Fisher Aircraft Unit, Plant 21),
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 February 6, 1942, '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 February 6, 1942, the Com-
pany, the Union, and a representative of the Board entered info a
"STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
39 N. L. R. B., No. 154.
804
GENERAL MOTORS CORPORATION - 805
Pursuant to the stipulation, an election by secret ballot was con-
ducted on February 19, 1942, under the direction and supervision of
the Regional Director, among all production and maintenance em-
ployees, and, mechanical employees in engineering department shops
of the Fisher Body Division (Fisher Aircraft' Unit, Plant 21) ex-
cluding,' 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 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), supervisor quality inspectors, 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, and those technical or professional -employees who are receiving
training, kitchen and cafeteria help, who were in the employ of Gen-
eral Motors Corporation, Fisher Body Division (Fisher Aircraft Unit,
Plant 21) during the pay period in which January 30, 1942, fell. On
February 20, 1942, the Regional Director issued an Election Report,
copies of which were duly served upon the parties. No objections to
the conduct of, the ballot or to the Election 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------------------------------------- 360
Total ballots cast----- ----------------------------- -- 328
Total ballots challenged------------------------------------- 0
Total blank ballots----------------------------------------- I.
Total void ballots------------------------------------------ 0
Total valid votes cast-------------------------------------- 327
Votes cast for International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, affiliated
with the C. I. 0------------------------------------------ 309
Votes cast against International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America, affili-
ated with the C. I. 0------------------------------------ 18
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following : -
806 DECISIONS OF• NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of General Motors Corporation, Fisher Body
Division (Fisher Aircraft Unit, Plant 21) Detroit, 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 the Fisher Body
Division (Fisher Aircraft Unit, Plant 21) excluding, however, direct
representatives of Management, such as officers and directors of
the Corporation, . employees of sales, accounting, personnel and in-
dustrial relations departments, superintendents and assistant super-
intendents,'general foremen, foremen and assistant foremen, and all
other persons working in a supervisory capacity including those
having the riglit to hire or discharge and those whose duties include
recommendation as to hiring or-discharging (but not leaders), super-
visor quality inspectors, and those employees whose work is pf a
confidential nature, time-study men, plant-protection employees (but
not to include maintenance patrolmen or fire patrolmen), all clerical
employees, 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; timekeep-
ers, technical school students, indentured apprentices, and those
technical or professional employees who are receiving training,
kitchen and cafeteria help, constitute a unit appropriate for the
purposes of collective bargaining within the meaning .of Section 9
(b) of the Act.
3. International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, 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 repre-
sentative of all the employees in the said unit within the meaning of
Section 9 (a) of the 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 Automo-
bile, Aircraft and Agricultural Implement Workers of America,
affiliated with the -Congress of Industrial Organizations, has been
GENERAL MOTORS CORPORATION' 807
designated and selected by a majority of all production and mainte-
nance employees, and mechanical employees in engineering depart-
ment shops of General Motors Corporation, Fisher Body Division
(Fisher Aircraft Unit, Plant 21) excluding, however, direct repre-
sentatives of Management, such as officers and directors of the Cor-
poration, 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 recom-
mendation as to hiring or discharging (but not leaders), supervisor
quality inspectors, 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, 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 Sec-
tion 9 (a) of the Act, International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment.