General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Aug 13, 1941

34 N.L.R.B. 259 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS SALES CORPORATION, GENERAL MOTORS
PARTS DIVISION, DETROIT WAREHOUSE and INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS OF AMERIOA, AFFILIATED WITH THE
C. I. O.
Case No. R-283,2.-Decided August 13,1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Frank H. Bowen, for the Board.
Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and Mr.
Robert Carson, of Detroit, Mich., for the Company.
Mr. W. C. Green, of Detroit, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 3 and 14, 1941, respectively, International Union, United
Automobile Workers of America, affiliated with the Congress of In-
dustrial Organizations, herein called the Union, filed with the Re-
gional Director for the Seventh Region (Detroit, Michigan) a peti-
tion and an amended petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of Gen-
eral Motors Sales Corporation, General, Motors Parts Division, herein
called the Company, engaged in the business of distributing automo-
bile parts and accessories at Detroit, Michigan, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On July 3, 1941, the Company, the Union, and the Regional
Director entered into a "STIPULATION FOR CERTIFICATION
OF REPRESENTATIVES UPON CONSENT ELECTION." On
July 7, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the Re-
gioilal Director to conduct it and to provide for an appropriate hear-
ing upon due notice.
34 N. L It. B., No. 36.
259
260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on July 22, 1941, under the direction and supervision of the
Regional Director, among all employees in the parts stock department
at the Detroit warehouse of the Company, including stock pickers,
stock handlers, shipping checkers, stockroom clerk, receiving checkers,
accessories storekeeper, elevator operator, janitors, and maintenance
men, but excluding stock-department manager, foremen, assistant
foremen, stockroom supervisor, all other persons working in a super-
visory capacity, watchmen, and office and clerical employees, to deter-
mine whether or not said employees desire to be represented by the
Union. On July 26, 1941, the Regional Director issued and duly
served upon the parties an Election Report on the ballot. No objec-
tions 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 eligibility list-------------- ----------------------------------- 78
Total ballots east------------------------------------------------------- - 72
Total ballots challenged------------------------------------------------- 0
Total blank ballots----------------------------------------------------- 1
Total void ballots---- --------------------------------------------------- o
Total valid votes cast--------------------------------------------------- 71
Total votes cast for International Union, United Automobile Workers of
America, affiliated with the C. I. 0---------------------------------- 46
Total votes cast against International Union, United Automobile Workers of
America, affiliated with the C. I. 0------------------------------------ 25
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, Gen-
eral Motors Parts Division, Detroit, Michigan, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All employees in the parts stock department at the Detroit ware-
house of the Company, including stock pickers, stock handlers, ship-
ping checkers, stockroom clerk, receiving checkers, accessories store-
keeper, elevator operator, janitors, and maintenance men, but
excluding stock-department manager, foreman, assistant foremen
stockroom supervisor, all other persons working in a supervisory
capacity, watchmen, and office and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
GENERAL MOTORS SALES CORPORATION 261
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 employees in said unit,
within the meaning of Section 9 (a) of the National Labor Relations
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 Workers of America, affiliated with the Congress of Industrial
Organizations, has been selected by a majority of all employees in
the parts stock department at the Detroit warehouse of General
Motors Sales Corporation, General Motors Parts Division, Detroit,
Michigan, including stock pickers, stock handlers, shipping checkers,
stockroom clerk, receiving checkers, accessories storekeeper, elevator
operator, janitors, and maintenance men, but excluding stock-depart-
ment manager, foremen, assistant foremen, stockroom supervisor, all
other persons working in a supervisory capacity, watchmen, and office
and clerical employees, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Act,
International Union, United Automobile Workers of America, affil-
iated with the Congress of Industrial Organizations, is the-exclusive
representative of all such employees in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
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