General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Mar 27, 1941

30 N.L.R.B. 643 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS SALES CORPORATION , PARTS DIVISION
- and UNITED AUTOMOBILE WORKERS OF AMERICA (C. I. 0. )
Case No. B-2382.-Decided March 27, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Bennet F. Schaufler, for the Board.
Mr. John Thomas Smith, for the Company.
Mr. Edward A. McCrone, of Philadelphia, Pa., for the Union.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On February 19, 1941, United Automobile Workers of America
(C. I. 0.), herein called the Union, filed with the Regional Director
for the Fourth Region (Philadelphia, Pennsylvania) a petition al-
leging that a question affecting commerce had arisen concerning'the
representation of employees of General Motors Sales Corporation,
Parts Division, herein called the Company," engaged at Philadelphia,
Pennsylvania, in receiving, stocking, and shipping automobile parts
and accessories, and requesting an investigation and certification
of representatives, pursuant to Section 9 (c) of the National Labor
Relations Act, ,49 Stat. 449, herein called the Act. On February
27, 1941, the Company, the Union, and the Regional Director en-
tered into a "Stipulation for Certification of Representatives Upon
Consent Election." On March 14, 1941, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of the
Act and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered, Hunt pro tune
as of February 27, 1941, an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
1 The petition referred to General Motors Sales Corporation , Chevrolet Motor Division,
but the entire record herein shows that the aboN a is the correct name of the Company.
30 N. L. It. B., No. 97.
440135-42-Vol 30--42 643
b
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, an election by secret ballot was con-
ducted on March 6, 1941, under the direction and supervision of the
Regional Director, among employees of the Company in the Parts
Stock Department in Philadelphia, Pennsylvania, including stock
pickers, stock handlers, shipping checkers, storeroom clerks, receiv-
ing checkers, maintenance men, excluding stock department manager,
stockroom supervisor, shipping supervisor, receiving supervisor,
foremen, assistant foremen, and all other persons in a supervisory
capacity, watchmen other than part-time watchmen classified as
stock handlers, office and clerical employees, to determine whether or
not said employees desired to be represented by the Union. On
March 7, 1941, the Regional Director issued and duly served upon
the parties his Election Report. No objections to the conduct of
the ballot or, the Election Report have been filed by any of the
parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligiblity list-------------------------------------- 33
Total ballots cast------------------------------------------- 33
Total valid ballots cast------------------------------------- 33
Total' ballots cast for United Automobile Workers of America
(C. I. O.)------------------------------------------------ 32
Total ballots cast against United Automobile Workers of Amer-
ica (C. I. O.)--------- - ---------------------------------- 1
Challenged ballots ----------------------------------------- 0
Blank' ballots ---------------------------------------------- 0
Void ballots ----------------------------------------------- 0
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 rep-
resentation of employees of General Motors Sales -Corporation, Parts
Division, Philadelphia, Pennsylvania, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. Employees of the Company in the Parts Stock Department in
Philadelphia, Pennsylvania, including stock pickers, stock handlers,
shipping checkers, storeroom clerks, receiving checkers, maintenance
men, excluding stock department manager, stockroom supervisor,
shipping supervisor, receiving supervisor, foremen, assistant foremen,
and all other persons, in a supervisory capacity, watchmen other than
part-time watchmen classified as stock handlers, office and clerical
GENERAL MOTORS SALES CORPORATION 645
employees, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
.• 3. United Automobile Workers of America : (C. I. 0.) has been
designated and selected by a majority of the employees in, the, above
unit as their representatiye for the purposes of, collective bargaining
and is the exclusive representative of all employees in the said unit
within the meaning of Section 9 (a) of the National Labor Rela-
tions 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 United Automobile Workers of Amer-
ica (C. I. 0.) has been designated and selected by a majority of the
employees of General Motors Sales Corporation, Parts Division, in
the Parts Stock Department in Philadelphia, Pennsylvania, includ-
ing stock pickers, stock handlers, shipping checkers, storeroom clerks,
receiving checkers, maintenance men, excluding stock department
manager, stockroom supervisor, shipping supervisor, receiving super-
visor, foremen, assistant foremen, and all other person's in a super-
visory capacity, watchmen other 'than part-time watchmen classified'
as stock handlers, office and clerical empl'oyees,'as their representative
for the purposes of collective bargaining, and that, pursuant to the
provisions of Section 9 (a) of the Act, United 'Automobile Workers
of America (C. I. 0.)- is the -exclusive 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. -