General Motors Corp.

National Labor Relations Board - Board Decisions

Oct 13, 1942

44 N.L.R.B. 1127 (N.L.R.B. 1942)

11
In the Matter of GENERAL MOTORS CORPORATION (AEROPRODUCTS DI-
VISION) and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED
`VITI3 THE-CIO
Case No. R-4368 .-Decided , October 13, 1942
investigation and Certification of Representatives : stipulation for certification
upon consent election. - -
Mr. Henry M. Hogan and Mr. Denton Jolly of Detroit, Michigan,
for'the Company.
Mr. Dale Toler of Dayton, Ohio, for the Union.
Mr. John E. Lawyer, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, af-
filiated with the CIO, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of General Motors Corporation, herein called the Com-
pany, at the Aeroproducts Division, Dayton, Ohio, the National
Labor Relations Board provided for an appropriate hearing upon
due notice. On September 24, 1942, before a hearing was held, the
Company, the Union, and the Regional director for the Ninth Region
(Cincinnati, Ohio) entered into a "stipulation for certification of
representatives upon 'consent election."
Pursuant to the stipulation, an election by secret ballot was conducted
on October 2 and 3, 1942, under the direction and supervision of the
Regional Director, among all employees in the stipulated 'unit, to
determine whether or not the said employees desired to be represented
by the Union for the purposes of collective bargaining. On October
3, 1942, the Regional Director issued and duly, served upon the parties
an Election Report on the ballot. No objections to the conduct of
the election or the Election Report have been filed by any of the parties.
44 N. L. R. B., No. 219.
1127
1128 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------------------------------------ 1,794
Total ballots cast-------- --------------------------------- 1,637
Total ballots challenged----------------------------------- 17
Total blank ballots---------------------------------------- 4
Total void ballots----------------------------------------- 5
Total valid votes counted---------------------------------- 1,611
Votes cast for International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America, af-
filiated with the C. I. 0---------------------------------- 1,303
Votes cast against International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America,
affiliated with the C. I. 0--------------------------------- 308
Since the number of challenged ballots cannot affect the results
of the election, we find it- unnecessary to make any determination
with respect to them.
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, Dayton, Ohio,
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 em-
ployees, in engineering department shops, of General Motors' Cor-
poration, Aeroproducts Division, Dayton, Ohio, excluding employees
of sales, accounting, personnel and industrial relations departments,
superintendents and assistant superintendents, general foremen, fore-
men and assistant foremen, and all other persons working in a super-
visory capacity, including those having the right to hire, or discharge
and those whose duties include recommendations 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, tracers, designing (drawing board), production, esti
mating and planning engineers, draftsmen and detailers, physicists,
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, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
GENERAL MOTORS CORPORATION 1129
3. International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, affiliated with the CIO, has
been designated and selected by a majority of all employees in the
cabove unit as their representative for the purposes of collective,bar-
gaining, and is the exclusive representative of the -employees in 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 Rela-
tions Act
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
affiliated with the CIO, has been designated and selected by a majority
'of all production and maintenance employees and mechanical em-
ployees in engineering department shops, of General Motors Corpora-
tion, Aeroproducts Division, Dayton, Ohio, excluding employees of
sales, 'accounting, personnel and industrial relations departmeiits,
superintendents and assistant superintendents, general foremen, fore-
men and assistant foremen, and all other persons working in a super-
visory capacity, including those having the right to hire or discharge
and those whose duties include recommendations 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, tracers, designing (drawing board), production, estimating
and planning engineers,. draftsmen and detailers, physicists, chemists,
metallurgists, artists, designer- artists and clay plaster modelers,
timekeepers, 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 Section 9 (a) of the Act,
International Union,,United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the CIO, is the exclu-
sive representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment and
other conditions of employment. -