General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 25, 1942

41 N.L.R.B. 1237 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, FISHER BODY-
PONTIAC DIVISION and UNITED ORGANIZATION OF PLANT PROTECTION
EMPLOYEES
Case No. R-3915.Decided June 25) 19V
Practice & Procedure : petition dismissed where-results of an election, held pur-
suant to a stipulation for certification upon consent election, showed that no
representative had been selected by a majority of the employees in the appro-
priate unit.
Mr. Henry M. Hogan and Mr. Denton Jolly, of Detroit, Mich., for
the Company. -
Mr. Ernest Goodman , of Detroit , Mich-., for the Union.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by United Organization of Plant Pro-
tection Employees, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of General Motors Corporation, Fisher Body-Pontiac Di-
vision, herein called the Company, engaged at Detroit, Michigan, in
the manufacture of automobile bodies, the National Labor Relations
Board provided for an appropriate hearing upon due notice. On
May 18. 1942, before a hearing was held, the Company, the Union,
and the Regional Director for' the Seventh Region (Detroit, Michi-
gan) entered into a "STIPULATION FOR CERTIFICATION ON CONSENT
ELECTION." -
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on May 26, 1942, under the direction and supervision of the
Regional Director, among all plant protection employees of the Com-
pany, excluding sergeants, lieutenants, captains, chiefs, and other
supervisory employees, and clerical employees to determine whether
or not they desired to be represented by the Union. On May 27, 1942,
the Regional Director issued and duly served upon the parties an
Election Report on the ballot. No objections to the Election Report
have been filed.
41 N. L. R. B, No. 227.
1237
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In his Election Report, the Regional Director reported as follows
concerning the balloting and' its results :
Total on eligibility list-------------------------------------- 40
Total ballots cast------------------------------------------ 37
Total ballots challenged------------------------------------ 0
Total blank ballots----------------------------------------- 1
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 36
Votes cast for United Organization of Plant Protection Em-
ployees-------------------------------------------------- 18
Votes cast against United Organization of Plant Protection
Employees ----------------------------------------------- 18
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees of the
Company in the unit heretofore stipulated to be appropriate for col-
lective bargaining. We shall, therefore, dismiss the petition for in-
vestigation and certification of representatives of employees of the
Company.
ORDER
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of General' Motors Corporation,
Fisher Body-Pontiac Division, Detroit, Michigan, filed by United
Organization of Plant Protection Employees, be, and it hereby is,
dismissed.
I