Yellow Truck & Coach Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 2, 1941

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

In the Matter of YELLOW TRUCK & COACH MANUFACTURING COMPANY,
GENERAL MOTORS TRUCK & COACH DIVISION and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH
THE C. I. O. and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE
698, AFFILIATED WITH THE A. F. OF L.
Case No. B-2588.-Decided June 2, 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. Walter C. Green, of Detroit, Mich., for the UAW-CIO.
Mr. Carl S. Carlson, of Detroit, Mich., for the I. A. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 1 and 11, 1940, respectively, International Union,
United Automobile Workers of America, 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 & Coach Manufacturing Com-
pany, General Motors Truck & Coach Division, herein called the
Company, engaged in the business of retailing and wholesaling
automotive trucks and truck parts and service therefor in Detroit,
Michigan, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On April 28, 1941, the Com-
pany, the UAW-CIO, International Association of Machinists, Local
698, affiliated with the A. F. of L., herein called the I. A. M., and the
Regional Director entered into a "STIPULATION FOR CER-
TIFICATION OF REPRESENTATIVES UPON CONSENT
32 N. L. R. B., No 53.
259
448692-42-vol 32-18
260 DECISIONS OF NATIONAL LABOR RELATIONS BOAR[)
ELECTION." On April 30, 1941, the National Labor Relal u,ns
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3, of National Labor Relations Boai d
Rules and Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on May 12, 1941, under the direction and supervision of the
Regional Director among all mechanics, parts department stock
keepers, porters, painters, car washers, drivers, and helpers of the
Company, excluding supervisory employees, foremen, assistant fore-
men, office employees, clerical employees, employees receiving special
training, indentured apprentices, and salaried employees, to deter-
mine whether said employees desire to be represented by the
UAW-CIO, or by the I. A. M., or by neither. On May 14, 1941,
the Regional Director issued and duly served on the parties an 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.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list------------------------------------ 311
Total ballots cast----------------------------------------- 33
Total ballots challenged----------------------------------- 0
Total blank ballots ------------ ---------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes cast-----------------------------------.-- 33
Votes cast for International Union, United Automobile Work-
ers of America, C I. 0--------------------------------- 31
Votes cast for International Association of Machinists, Lodge
098, A. F. L-------------------------------------------- I
Votes cast for neither------------------------------------- 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 Truck & Coach Manufacturing
Company, General Motors Truck & Coach Division, Detroit, Michi-
gan, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All mechanics, parts department stock keepers, porters, painters,
car washers, drivers, and helpers of the Company, excluding super-
visory employees, foremen, assistant foremen, office employees, clerical
employees, employees receiving special training, indentured appren-
tices, and salaried employees, constitute a unit appropriate for the
YELLOW TRUCK & COACH MANUFACTURING CO. 261
purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
3. International Union, United Automobile Workers of America,
C. I. 0., has been designated and selected by a majority of the,
employees in the above unit as their representatives 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 Auto-
mobile Workers of America, C. I. 0., has been selected by a majority
of all mechanics, parts department stock keepers, porters, painters,
car washers, drivers, and helpers of Yellow Truck & Coach Manu-
facturing Company, General Motors Truck & Coach Division, Detroit,
Michigan, excluding supervisory employees, foremen, assistant fore-
men, office employees, clerical employees, employees receiving special
training, indentured apprentices, and salaried 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, C. I. 0., is the exclusive repre-
sentative of all such employees for the purposes of collective bar=
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.