General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Mar 26, 1941

30 N.L.R.B. 616 (N.L.R.B. 1941)

In the Matter of GENERAL -MOTORS SALES CORPORATION , BUICK MOTOR
DIvISIoN, FLINT RETAIL STORES and INTERNATIONAL UNION, UNITED
AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS'
OF INDUSTRIAL ORGANIZATIONS
Case No. R-397.Decided March 26, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Harold A. Crane field, for the Board.
Mr. Carlos J. Jolly, Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton
Jolly, and Mr. Robert C. Carson, of Detroit, Mich., for the Company.'
Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., for
the Union.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 17, 1940, International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, herein called the Union, filed with the Regional Direc-
tor for the. Seventh Region (Detroit, Michigan) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of General Motors Sales Corporation, Buick
Motor Division, Flint Retail Stores, herein called the Company, en-
gaged in the sale and servicing of new and used automobiles and
automobile parts at Flint, Michigan, 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 19, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On February 21, 1941, the Company, the
30 N. L. R. B., No. 90.
616
GENERAL MOTORS SALES CORPORATION 617
Union, and the Board entered into a "STIPULATION FOR CER-
TIFICATION OF REPRESENTATIVES UPON CONSENT
ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on February 25, 1941, under the direction and supervision of
the Acting Regional Director, among all mechanics, parts department
stock men, porters, painters, car washers and polishers, drivers, metal
bumpers, trimmers, greasers, tire men, building and equipment main-
tenance men, excluding all supervisory employees, salesmen, foremen
and assistant foremen, office employees, clerical employees, employees
receiving special training, indentured apprentices, timekeepers and
work dispatchers employed by the Company in various locations in
Flint, Michigan, to determine whether or not said employees desired
to be represented by the Union. On February 28, 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 Acting Regional Director reported as
follows concerning the balloting and its results :
Total on eligibility list___ ____________________________________ 92
Total ballots cast------- ------------------------------------ 89
Total ballots challenged_____________________________________ 0
Total blank ballots__________________________________________ 0
Total void ballots__________________________________________ 0
Total valid votes cast_______________________________________ 89
Votes cast for international Union, United Automobile Workers
of America , affiliated with the C. I. O______________________ 66
Votes cast against International Union, United Automobile
Workers of America, affiliated with the C. I. O______________ 23
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 Sales Corporation, Buick
Motor Division, Flint Retail Stores, Flint, Michigan, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All mechanics, parts department stock men, porters, painters,
car washers and polishers, drivers, metal bumpers, trimmers, greasers,
tire men, building and equipment maintenance men, excluding all
supervisory employees, salesmen, foremen and assistant foremen,
office employees, clerical employees, employees receiving special train-
ing, indentured apprentices, timekeepers and work dispatchers em-
ployed by the Company in various 'locations in Flint, Michigan,
618 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
constitute a unit appropriate for the purposes of collective bargaining,,
within the meaning of Section 9 (b) of the National Labor Relations'
Act.
3. International Union, United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations, has been,
designated and selected by a majority of the employees in the above;
unit as their representative for the purposes of collective bargaining,;
and is the exclusive representative of all the employees in said unit,,
within the meaning of Section 9 (a) of the National Labor Relationsi
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 International Union, United Automobile-
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority- of all
mechanics, parts department stock men, porters, painters, car washer&
and polishers, drivers, metal bumpers, trimmers, greasers, tire men,
building and equipment maintenance men, excluding, all supervisory
employees, salesmen, foremen and assistant foremen, office employees,
clerical employees,- employees receiving special- training, indentured
apprentices, timekeepers and work dispatchers employed by General
Motors Sales Corporation, Buick Motor Division, Flint Retail Stores,
in various locations in Flint, Michigan, as. their representative for
the purposes of collective bargaining, and that International Union,
United Automobile Workers of America, affiliated with the Congress
of Industrial Organizations, 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.