Yellow Truck and Coach Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 21, 1941

30 N.L.R.B. 511 (N.L.R.B. 1941)

In the Matter of YELLOW TRUCK AND COACH MANUFACTURING COM-
PANY and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS
OF AMERICA, 'AFFILIATED WITH THE C. I. O.
Case No. R-2391.-Decided March 21, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Harold A. Crane field, for the Board.
Mr. Henry 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 U. A. W. A.
Mr. Woodrow J. Sandler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 14, 1940, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., herein called the
U. A. W. A., filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Yellow Truck and Coach Manufacturing Company, herein called the
Company, engaged in the manufacture and assembling of trucks and
passenger coaches and of replacement and service parts therefor, at
Pontiac, 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 12,
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,s
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 12, 1941, the Company, the U. A.
W. A., and the Board's Acting Regional Director for the Seventh
30 N. L. R. B., No. 74.
511
i
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Region entered into a "Stipulation for Certification of Representa-
tives Upon Consent Election."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on February 20, 1941, under the direction and supervision of
the Acting Regional Director, among all kitchen and cafeteria em-
ployees, including cooks, assistant cooks, salad makers, waiters,
waitresses, counter attendants, bus boys, lunch-wagon attendants, and
dishwashers, excluding the cafeteria manager, supervisory employees,
and those employees whose work is of a confidential nature, to de-
termine whether or not said employees desired to be represented by
the U. A. W. A. On February 24, 1941, the Acting Regional Director
issued and duly served upon the parties his 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 his Election Report, the Acting Regional Director reported as
follows concerning the ballot and its results-
Total on eligibility list--------------------------------------- 48
Total ballots cast------------------------------------------- 38
Total ballots challenged------------- ----------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots---------------------------------- -------- 0
Total valid votes cast--------------------------------------- 38
Votes cast for International Union, United Automobile Workers
of America, affiliated with the C. I 0---------------------- 37
Votes cast against International Union, United Automobile
'Workers of America, affiliated with the C I. 0------------ 1,
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 Yellow Tfuck and Coach Manufacturing
Company, Pontiac, Michigan,' within the meaning of Section 9 (c)
and Section 2 (6) and (7) of National Labor Relations Act.
2. All 'kitchen and cafeteria employees, including cooks, assistant
cooks, salad makers, waiters, waitresses, counter attendants, bus boys,
lunch-wagon attendants,' and dishwashers, excluding the cafeteria
manager, supervisory employees, and those employees whose work
'is, of a confidential nature, constitute a unit appropriate for the pur-'
poses 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 C. I. 0., has been designated and selected by' a
majority of the employees in the above unit and is their represent-
ative for the purposes of collective bargaining, and is the exclusive
YELLOW TRUCK & COACH MANUFACTURING CO. 513
representative of all employees in such 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 ih -the National
Labor Relations Board by Section 9, (c) of the National Labor
Relations Act,
IT IS 'HEREBY CERTIFIED that International Union, United Autolno-'
bile Workers of America,, affiliated with the C. I. 0., has been desig-
nated and selected by a majority of all, kitchen and, cafeteria em-
ployees, of the Company, including cooks, assistant cooks, salad
makers,' waiters, waitresses, counter attendants, bus boys, lunch-wagon
attendants, and dishwashers, excluding the cafeteria manager, super-
visory employees and those employees whose work is of a confidential
nature, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 '(a) of the -Act, Internati'on>il
Union, United Automobile Workers of America, affiliated with ' the
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.