General Motors Corp.

National Labor Relations Board - Board Decisions

Nov 20, 1942

45 N.L.R.B. 701 (N.L.R.B. 1942)

In the Matter of DELOO APPLIANCE WORKS DIVISION, GENERAL MOTORS
CORPORATION and UNITED AUTOMOBILE WORKERS, (A. F. of L.)
Case No. R-14304.Decided November 00, 1942
Jurisdiction : electrical equipment manufacturing industry. f
Investigation and Certification of Representatives : existence 'of question: re-
fusal to bargain until certification by the Board; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, with specified inclusions and exclusions; stipulation as to.
Mr. Henry M. Hogan and Mr. Denton Jolly, of Detroit, Mich., for
the Company.
Mr. Kenneth Wells and Mr. Joseph Green, of Rochester, N. Y., for
the A. F. of L.
Mr. David Scribner, of New York City, and Mr. A. L. Garfield, of
Rochester, N. Y., for the C. I. O.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Automo-
bile Workers, (A. F. of L), herein called the A. F. of L., alleging
that a question affecting commerce had arisen concerning the rep-
resentation of the employees of Delco Appliance Works Division,
General Motors Corporation, Rochester, New York, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Francis V. Cole, Trial
Examiner. Said hearing was held at Rochester, New York, on Sep-
tember 22, 1942. The Company, the A. F. of L., and the United Elec-
trical, Radio & Machine Workers of America, C. 1. 0., herein called the
C. I. 0., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
45 N. L. R. B., No. 103.
101
702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Motors Corporation is a Delaware corporation with its
principal offices located at New York City. Delco Appliance Works
Division, an unincorporated division of the General Motors Corpora-
tion, is located. at Rochester,'New York, where the Company is en-
gaged in the manufacture of aircraft and automotive electrical equip-
ment. During the year ending August- 31, 1942, the Company used
Iraw materials valued at approximately $5,000,000, of which approxi-.
imately 70 percent represents shipments made to the Company from
points outside the State of New York. During the same period the
Company -manufactured approximately $10,000,000 worth of finished
products, of which aproximately 75 percent was shipped to points
outside the State of New York. The Company admits it is engaged in
interstate commerce within the meaning of the National Labor
Relations Act. - -
II. THE ORGANIZATIONS INVOLVED
United Automobile Workers is a labor organization affiliated with
the American Federation of `Labor. It admits- to membership em-
ployees of the Company.
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The A. F. of L. and the C. I. O. have each requested the Company to
recognize it as bargaining representative of the employees in the ap-
propriate unit, but the Company has refused to recognize either, unless
and until one of them is certified by the Board.
A statement by the Regional Director, introduced in evidence at
the hearing, indicates that the A. F. of L. represents a substantial
number of employees in the unit hereinafter found appropriate.'
'The statement of the Regional Director shows ' that the A F. of L submitted to him
49 cards , 94 of which were authorization cards and 560 were application -for-membership
cards . Of these cards 745 bear apparently genuine original signatures and of this number
654 cards bear names of persons whose names appeal on a list of employees submitted
by the Company. According to the Company, the total number of employees in the unit
is 2,000 The A. F. of L. cards were dated as follows : 628, between July and September
1942, and 26 were undated '
I The C. I. 0. submitted to the Regional Director 286 application- for-membership cards
all bearing/-apparently genuine original signatures and 237 of which bear the names of
DELCO.APPLIANCE_ WORKS DIVISION 703.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
,production and maintenance employees of the Company, including
mechanical employees in the engineering department, group, leaders,
maintenance' patrol men and fire patrol men, but excluding employees"
in the sales, accounting, personnel and industrial relations. depart-
ments, superintendents and assistant superintendents, general foremen
and assistant foremen, those employees whose work is of a confidential
nature, factory clerks and all other clerical employees, chief engineers,
shift operating engineers in power plants, designing, production, esti-
mating and planning engineers, draftsmen and. detailers, chemists,
metallurgists, artists, design artists, clay plaster modelers, indentured'
apprentices, and those technical professional employees who are re-
ceiving training, and kitchen and cafeteria help, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9' (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTION
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series '2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain. representa-
tives for the purposes of collective bargaining with Delco Appliance
Works Division, General Motors Corporation, Rochester, New York,
an election by secret ballot shall be conducted as early as possible, but
not later 'than thirty (30) days from the date of this Direction, under
persons whose names appear on the lists of employees submitted by the Company. These
cards were dated as follows : 11-1937; 5-1941; 215 between June and September
1942, and 6 were undated.
704
I
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the direction and supervision of the Regional Director for the Third
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules
and Regulations, among the employees in the unit found appropriate
,in Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees,
,who did not work during said pay-roll period because they were ill
or on vacation or in the active military service or training of the
,United States, or temporarily laid off, but excluding employees who
have since quit or been discharged for cause, to determine whether
Ithey desire to be represented by United Automobile Workers, A. F.
of L., or by United Electrical, Radio & Machine Workers of America,
C. I. 0., for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
'