Yellow Truck and Coach Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 2, 1942

38 N.L.R.B. 900 (N.L.R.B. 1942)

In the Matter of YELLOW TRUCK AND COACH MANUFACTURING COM-
PANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED
WITH THE C. I: 0.
Case No. R-3470-Decided February 2, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. 7'. H. McKeon, for the board.
Mr. Henry M. Hogan and Mr: Robert, C. Carson, of Detroit, Mich.,
for the Company. '
Mr. Cliff Williams, of Pontiac, Mich., and Mr. Maurice Sugar and-
Mr. Ernest Goodman, of Detroit,' Mich., for the UAW-CIO.
Mr. Ralph S: Clifford, of counsel, to the Board.
DECISION
AND
CERTIFICATION OF. REPRESENTATIVES
STATEMENT OF THE CASE
On May 16 and 19, 1941, respectively, International Union, United
Automobile; Aircraft and Agricultural Implement Workers of
America, affiliated with the - C. I. 0.,' herein called, the, UAW-CIO;
filed with the Regional Director for the Seventh Region (Detroit.
Michigan) a petition and an amended petition, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Yellow • Truck and Coach Manufacturing Com-
pany, Pontiac, Michigan, herein called the Company, 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 January. 5, 1942, the National Labor Rela-
tions Board, herein called the- Board, acting pursuant to -Section 9
(c) of the Act, and 'Article III,. Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
I Designated in some of the formal documents as "International Union, United Auto-
mobile workers , affiliated with the C. I. 0."
33 N. L. R. B., No. 160.
900
YELL I OW TRUCK AND COAC'H MANUFACTURING COMPANY 901
aii investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearinb upon' due notice. On
January 2, 1942, the Company, the UAW-CIO, and a. Field Examiner
for the Board entered into a "STIPULATION FOR CERTIFICA-
TION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on January 13, 1942, under the direction and supervision of
the Regional Director, among all boiler room attendants in plant 1
and all shift operating engineers, excluding chief engineer land
assistant chief engineers, in the powerhouse of plants 2 and 3 'of the
Yellow Truck and Coach Manufacturing Company, located in
Pontiac, Michigan, who were on the pay, roll of November 15, 1941,
including those employees who did not work during such pay-roll
period because they were ill or on vacation or in the active military
service of the United States, and employees who were then or have
since then been temporarily laid off, but excluding those employees
who have since quit or been , discharged for cause, to determine
whether or not they desire to be represented by the UAW-CIO for
the purposes of collective bargaining. , On January 14, 1942,' the
Regional Director issued and duly served upon the parties his Elec-
tion Report on the ballot. No' objections to the conduct,of the ballot
or. the Election Report have been filed by any of the parties.
. As to the balloting and its results, the Regional Director reported
as, follows :
Total on eligibility list-------------------------------------- 16
Total ballots cast -------------------------------------------- - 16
,'Total ballots challenged------------------------------------- - 0
Total blank ballots--------------- ---------- ------------ 0
Total void ballots ----------- -------------------------------- 0
Total valid votes cast-- -------------------------------------- 16
Votes cast for International Union, United,Automobile, Aircraft'
and Agricultural Implement Workers of America, affiliated
with the C. I. 0----------------------------------------- 16
Votes cast against International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America, affili-
ated with the C. I. 0-------------------------------------- 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 Yellow Truck and Coach Manufacturing
Company, Pontiac, Michigan, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All boiler-room attendants in plant 1 and all shift operating
engineers , excluding chief engineer and assistant chief engineers, in
902 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the powerhouse of plants 2 and 3 of the Yellow Truck and Coach
Manufacturing Company, located in Pontiac, Michigan, 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, Aircraft and Agricul-
tural Implement Workers of America, affiliated with the 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.
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 Automo-
bile, Aircraft and Agricultural Implement Workers of America,
affiliated with the C. I. 0., has been designated and selected by a
majority of all boiler-room attendants in plant 1 and all shift oper-
ating engineers, excluding chief engineer and assistant chief engi-
neers, in the powerhouse of plants 2 and 3 of the Yellow Truck
and Coach Manufacturing Company, located in Pontiac, Michigan,
as their representative for the purpose of collective bargaining, and
that pursuant to the provisions of Section (a) of the Act, Interna-
tional Union, United Automobile, Aircraft and Agricultural Imple-
ment 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.