General Motors Sales Corp.

National Labor Relations Board - Board Decisions

May 16, 1942

41 N.L.R.B. 11 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS PARTS DIVISION GENERAL MOTORS
SALES CORPORATION, and INTERNATIONAL UNION UNITED AUTOMO-
BILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
C. I. O.
Case No. R-3767. -Decided May 16,19-110
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. Louis J. Disser, for the Board.
Mr. Denton Jolly, Mr. Henry M. Hogan, and Mr. A. F. Power,
of Detroit, Mich., for the Company.
Mr. Fred K. Heferly, of Denver, Colo., for the Union.
Mr. Harley G. Moorhead, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by International Union United Automo-
bile, Aircraft & Agricultural Implement Workers of America,,C. 1. 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of General
Motors Corporation, General Motors Parts Division,' herein called
the Company, engaged at Denver, Colorado, in the operation of a
warehouse, the National Labor Relations Board provided for an
appropriate hearing upon due notice. Before a hearing was -held,
the Company on March 11, 1942, and the Union and the Regional
Director for the Twenty-second Region (Denver, Colorado) on
March 31, 1942, entered into a "STIPULATION FOR CERTIFICATION OF
REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the stipulation an election by secret ballot was con=
ducted on April 17, 1942, under the direction and supervision of
the' Regional Director among all hourly rated stock pickers; stock
' The name of the Company was incorrectly stated in the petition' as it appears in
the caption , above.
41 N. L. R. B., No. 3.
11
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
handlers, shipping checkers, and janitors of the Company, excluding,
however, stockroom and receiving supervisor, shipping supervisor,
stock-department manager, foreman, assistant foreman, watchman,
and all persons working in a supervisory capacity, and clerical em-
ployees, for the purpose of determining whether or not they desired
to be represented by the Union for the purposes of collective bar-
gaining.
On April 13, 1942, 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 to the Election Report have been filed
by any of the parties.
- In his Election Report the Regional Director reported as follows
concerning the balloting :
Total on eligibility list--------------------------------------- 10
Total ballots cast--------------------------------------------- 8
Total ballots challenged--------------------------------------- 2
Total blank 'ballots ------------------------------------------- to
Total void ballots --------------------------------------------- 0,
Votes cast for International Union, United Automobile, Aircraft
& Agricultural Implement Workers of, American, C. I. 0------ 6
Votes cast against International Union United Automobile, Air-
craft & Agricultural Implement Workers of America, C. I. 0-- 0
Upon the basis of- the stipulation„ tlle-< 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 Corporation,General
Motors, Parts Division, , Denver, Colorado',, within the meaning of
Section -9 . (c) .and- Section 2 ,(6) and-' (7) of the National Labor
Relations Act.
2. All -hourly, paid stock pickers, stock handlers, shipping checkers,
and, janitors.-of the, Company, excluding, however, stockroom and
receiving supervisor, shipping supervisor, stock-department manager,
foreman, assistant foreman, watchman, and all persons working in a
supervisory capacity, and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9- (b) of, the National Labor -Relations Act.
3. International Union United, Automobile, Aircraft & Agricultural
Implement Workers of America, C. I. 0., 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.
GENERAL MOTORS SALES CORPORATION 13
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,
Aircraft & Agricultural Implement Workers of America, C. I. 0.,
has been designatedd, and selected' by a' majority of all hourly rated
stock. pickers, stock handlers, shipping clerks, and janitors of the
General' •Motors',Corporation,. General Motors Parts Division, ex-
cluding, however, stockroom and- receiving room supervisor, shipping
supervisor, stock-department manager, foreman, watchman, and all
persons working in a supervisory capacity, and clerical employees,
as their representative for the, purposes' of collective bargaining, and
that pursuant.to- Sections 9 (a) of the Act' International Union United
-Automobile; Aircraft & Agricultural Implement Workers of America,
C. If.- O:; ist 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.