General Motors Corp.

National Labor Relations Board - Board Decisions

May 2, 1942

40 N.L.R.B. 1118 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, HARRISON RADIATOR
DIVISION and INTERNATIONAL UNION UNITED AUTOMOBILE, AIR-
CRAFT &i AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. B-3766.-Decided May 2, 1942
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Benedict F. Fitzgerald, Jr., for the Board.
Mr. Denton Jolly, for the Company.
Mr. William S. Hilger`', for the Union.
Mr. Harley G. Moorhead, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
-Upon: petition 'duly `filed by International Union _ United Auto
m`obile;, Aircraft. & Agricultural, Implement Workers of America,
C. I: 0., herein, called, the Union, alleging that a question -affecting
commerce had arisen concerning the representation of employees of
General Motors Corporation, Harrison Radiator Division, 'herein
called the Company, engaged at Lockport, New York, in the manu-
facture of radiators for automobiles, the National Labor Relations
Board provided for an appropriate hearing upon due notice. Be-
fore a hearing was held, the Company, the Union, and the Regional
Director for the Third Region entered into a "STIPULATION FOR CER-
TIFICATION OF REPRESENTATIVES UPON CONSENT ELECTION," dated
March 2, 1942..
Pursuant to the stipulation an election by secret ballot was con-
ducted on April 17, 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 General Motors Corporation, Harrison Radiator Division, exclud-
ing however, direct representatives of the management, such as of-
ficers and directors of the Company, sales managers and assistant
sales managers, factory managers and assistant factory managers,
directors and employees of sales, accounting, Personnel and Industrial
40 N. L. R. B., No. 188.
1118
GENERAL MOTORS CORPORATION 1119
Relations Departments, directors of purchases and assistant -directors
of purchases, 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 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 patrolmen), all clerical employees, chief engineers and shift-
operating engineers in power plants, designing (drawing board),
production estimating and planning engineers, draftsmen, and de-
tailers , 'physicists, chemists metallurgists, artists, designer-artists,
and clay and plaster modelers, (but not those who make patterns),
timekeepers, technical school students, indentured apprentices, and
those technical or professional employees who are receiving special
training, kitchen and cafeteria help, and all salaried employees of -the
Standards Department, for the purpose of determining whether or
not a majority of the employees described above desire'to be repre-
sented for the purposes of collective bargaining. by International
Union United Automobile, Aircraft '& Agricultural Implement
Workers of America, C. I. O.
On April 18, 1942, the Regional Director issued and duly served
upon the parties an Election Report on the ballot. No objections
to the conduct of the ballot 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 :
Total on'eligibility list------------------------------------ 3,425
Total ballots cast---------------------------------------- 2, 820
Total ballots challenged---------------------'------------- 7
Total blank ballots---------------------------------------- 8
Total void ballots---------------------------------------- 2
Total valid votes counted--------------------------------- 2,809
Votes cast for International Union, United Automobile, Air-
craft &' Agricultural Implement `workers of America,
C. I 0------------------------------------------------- 2,175
Votes cast against International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America,
C I. 0------------------------------------------------- 034
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the' Board makes ' the ' following :
} FINDINGS OF FACT Z
1 : A' question affecting commerce, has arisen concerning the •repre-
sentation of 'einliloyees 'of ' General Motors Corporation, Harrison
1
1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Radiator Division, Lockport, New York, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All production and maintenance employees and mechanical em-
ployees in engineering-department shops of General Motors Corpo-
ration, Harrison Radiator Division, excluding however, direct repre-
sentatives of the management, such as officers and directors of the
Company, sales managers and assistant sales managers, factory
managers and assistant factory managers, directors and employees of
sales, accounting, Personnel and Industrial Relations Departments,
directors of purchases and assistant directors of purchases, superin-
tendents 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 discharg-
ing (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 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 and plaster modelers, (but
not those who make patterns), timekeepers, technical school stu-
dents, indentured apprentices, and those technical or professional
employees who are receiving special training, kitchen and cafeteria
help, and all salaried employees of the Standards Department, 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. International Union, United Automobile, Aircraft & Agricul-
tural Implement Workers of America, 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 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 Automo-
bile, Aircraft & Agricultural Implement Workers of America,
C. I. 0., has been designated and selected by a majority of all pro-
duction and maintenance employees and mechanical employees iii
GENERAL MOTORS CORPORATION 1121
engineering-department shops of General Motors Corporation,
Harrison Radiator Division, excluding however, direct representa-
tives of the management, such as officers and directors of the Com-
pany, sales managers and assistant sales managers, factory managers
and assistant factory managers, directors and -employees of sales, ac-
counting, Personnel and Industrial Relations Departments, direc-
tors of purchases and assistant directors • of purchases, , superin-
tendents and assistant superintendents, general foremen, foremen,
and assistant foremen, and all other, persons working in a super-
visory capacity, including those liaving the right to hire or discharge
and those whose duties include recommendation, as to hiring or dis-
charging (-but not leaders), and.those employees whose work is of
a confidential. nature, time-study men, plant-protection employees
(but not to 'include' mainteliarice -patrolmen or-fire patrolmen), all
clerical employees, chief engineers and shift-operating engineers in
power plants, designing (drawing boa'rd), production estimating and
planning, engineers, • draftsmen and detailers, physicists, chemists,
metallurgists, artists, designer=artists, and clay and plaster modelers;
(but not those who make patterns), timekeepers, technical school
students, indentured. apprentices, and those technical or professional
employees :who , are receiving special training, kitchen and cafeteria
help; and, alb salaried employees of the Standards Department, as
their representative for the purposes of collective _bargaining, and
that pursuant .to Section 9 (a) of- the Act, International Union;
United Automobile, Aircraft & Agricultural Implement. Workers
of America, C. I. 0., is the exclusive representative of all such, em1
ployees for the purposes of collective bargaining in respect to, rates
of pay, wages, _ hours _of _ empioyment, .-and other conditions of
employment. - . - - _ _ __ ._ - . . r ;
455771-42-vol. 40-71