General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Jan 24, 1942

38 N.L.R.B. 507 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS SALES CORPORATION, GENERAL
MOTORS PARTS DIVISION and AUTOMOTIVE WAREHOUSEMEN'S UNION,
LOCAL 241, OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFFILIATED
WITH THE A. F. OF L.
Case No. R-3453.-Decided January 24, 19492
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election
Mrs. Alice M. Ros.seter , for the Board. _
Mr. Henry M. Hogan and Mr. Denton Jolly, of Detroit , Mich., for
the Company.
Mr. Wm. J. McKeon, of San Francisco , Calif., for , the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 29, 1941, and October 29, 1941, respectively,, Auto-
motive Warehousemen's Union, Local 241, of the International
Brotherhood of Teamsters, Chauffeurs, Wareliousemen and Helpers
of America, affiliated with the A. F. of L., herein called the Union,
filed with the Regional Director for the Twentieth Region (San
Francisco, California) a petition and an amended petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of General Motors Sales Corporation, General
Motors Parts Division, herein called the Company, engaged in the
sale and distribution of automobile parts and accessories at ' San
Francisco, California, and requesting an investigation and certifica
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On December
18, 1941, the Company, the Union, and the Regional Director entered
into a "stipulation for certification of representatives upon consent
election." On December 22, 1941, the National Labor. Relations
38 N. L. R. B, No. 106 '
507
508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on December 30, 1941, under the direction and supervision of
the Regional Director, among all hourly rated stock pickers, stock
handlers, shipping checkers, and janitors at the Company's ware-
house at San Francisco, California, but excluding stockroom and
receiving supervisor, shipping supervisor, stock-department man-
ager, foremen, assistant foremen, office and clerical employees, and all
other persons working in a supervisory capacity, to determine whether
or not they desired to be represented by the Union. On December 30,
1941, the Regional Director issued and duly served upon the parties
an Election Report on the ballot. No objections to the conduct of the,
ballot or the Election Report have been filed by any of the parties.
In her Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list ______________________________________ 10
Total ballots cast____ ______________________________________ 10
Total ballots challenged ____________________________________ 0
Total blank ballots ----------------------------------------- 0
Total void ballots_ __________________________________________ 0
Total valid votes counted___________________----------------------------------- 10
Votes cast for Automotive Warehousemen's Union, Local 241, of
International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, A F. of L______________ 10
Votes cast against Automotive Warehousemen's Union, Local
241, of International Brotherhood of Teamsters , Chauffeurs,
Warehousemen and Helpers of America, A F. of L_________ 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 repre-
sentation of employees of General Motor Sales Corporation, General
Motors Parts Division, San Francisco, California, within the meaning
of Section 9. (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All hourly rated stock pickers, stock handlers, shipping checkers,
and janitors at the Company's warehouse at San Francisco, Califor-
nia, but excluding stockroom and receiving supervisor, shipping super-
visor, stock-department manager, foremen, assistant foremen, office
and clerical employees, and all other persons working in a super-
visory capacity, constitute a unit appropriate for the purposes of
GENERAL MOTORS SALES CORPORATION 509
collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Automotive Warehousemen's Union, Local 241, of the Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, affiliated with the A. F. of L., has been desig-
nated 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
Relations Act,
IT IS HEREBY CERTIFIED that Automotive Warehousemen's Union,
Local 241, of the International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, affiliated with the
A. F. of L., has been designated and selected by a majority of all
hourly rated stock pickers, stock handlers, shipping checkers, and
janitors employed by General Motors Sales Corporation, General Mo-
tors Parts Division at its warehouse at San Francisco, California, but
excluding stockroom and receiving supervisor, shipping supervisor,
stock-department manager, foremen, assistant foremen, office and
clerical employees, and all other persons working in a supervisory
capacity, as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, Automotive
Warehousemen's Union, Local 241, of the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
affiliated with the A. F. of L., 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.
In the Matter of GENERAL MOTORS SALES CORPORATION, GENERAL MOTORS
PARTS DIVISION a?ul AUTOMOTIVE WARE, HOUSEIVIEN'S UNION, LOCAL.
241, OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA, AFFILIATED WITH THE
A. F. OF L.
Case No. R-3453
AMENDMENT TO CERTIFICATION OF
REPRESENTATIVES
February 6,1942
On January 24, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Certification of Representa-
tives in the above-entitled proceeding.' On January 26, 1942, there
was filed with the Board a supplemental "STLrULATION," executed
by the parties on January 23, 1942, in which it was stated that
whereas General Motors Sales Corporation had been dissolved and
General Motors Corporation had assumed all of the liabilities of
the former corporation, therefore it was agreed by the parties that
General Motors Corporation, General Motors Parts Division be sub-
stituted for General Motors Sales. Corporation, General Motors Parts
Division.
Upon the basis of the Stipulation and pursuant to the power vested
in the National Labor Relations Board by Section 9 (c) of the National
Labor Relations Act, the Certification of Representatives is hereby
amended by striking therefrom the words "General Motors Sales
Corporation, General Motors Parts Division," and substituting there-
for "General Motors Corporation, General Motors Parts Division."
138 N L R B 507
38 N. L. R B, No. 10Ga.
510