General Motors Corp.

National Labor Relations Board - Board Decisions

Mar 7, 1949

81 N.L.R.B. 1201 (N.L.R.B. 1949)

In the Matter of GENERAL MOTORS CORPORATIONS , BIIICK-OLDSMoBILE-
PONTIAC ASSEMBLY DIVISION, EMPLOYER and AMERICAN FEDERATION
OF GUARDS , LOCAL No. 1, PETITIONER
Case No. 21-RC-584.-Decided March 7, 1949
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Pursuant to a Stipulation for Certification upon Consent Election
executed December 16, 1948, by the Employer and the Petitioner, an
election by secret ballot was held on January 11, 1949, under the direc-
tion and supervision of the Regional Director for the Twenty-first
Region, in a unit composed of plant-protection patrolmen employed
by the Company at its South Gate, California, plant. It appears from
the Tally of Ballots that a collective bargaining representative has
been selected. No objections have been filed by any of the parties
within the time provided therefor.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
The Stipulation for Certification upon Consent Election between
the parties was entered into by the Employer upon the condition that
the Board will find that the Petitioner is a labor organization within
the meaning of Section 2 (5) of the Act and that the Petitioner, as
such labor organization, does not admit to membership, nor is affil-
iated directly or indirectly with an organization which admits to mem-
bership, employees other than guards. The Stipulation further pro-
vided that the constitution and bylaws of the Petitioner be made a part
of the Stipulation and of the record in this proceeding, and that if a
hearing were held, the Employer would have no evidence or testimony
to controvert the authenticity or materiality thereof.
* Chairman Herzog and Members Houston and Gray.
81 N. L. R. B., No. 187.
1201
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the said Stipulation, the constitution and bylaws
of the Petitioner made part thereof, and the entire record in the case,
the Board makes the following:
FINDINGS OF FACT
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner, American Federation of Guards, Local No. 1,
is a labor organization within the meaning of Section 2 (5) of the
Act, as amended; it does not admit to membership employees other
than guards and it is not affiliated directly or indirectly with an or-
ganization which admits to membership employees other than guards.'
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, as amended.
4. We find that all plant-protection patrolmen employed at the
Employer's South Gate, California, plant, excluding office and clerical
employees, receptionists, chiefs, fire chiefs, captains, lieutenants, ser-
geants, and all other supervisors, constitute a unit appropriate for
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act, as amended.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that American Federation of Guards, Local
No. 1, has been designated and selected by a majority of the employees
of the above-named Employer in the unit hereinabove found by the
Board to be appropriate for purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, as amended, the said
organization is the exclusive representative of all the employees in
such unit for purposes of collective bargaining with respect to rates
of pay, wages, hours of employment, and other conditions of
employment.
1 Matter of Radio Corporation of America , RCA Victor Division, Case No . 21-RC-363,
Certification of Representatives issued October 26, 1948 ( unpublished ). In this cited
case, the Board certified the Petitioner as statutory representative of a unit of guards.