Yellow Truck & Coach Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 15, 1941

33 N.L.R.B. 460 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS TRUCK AND COACH DIVISION OF
YELLow TRUCK & COACH MANUFACTURING COMPANY and AMALGAM-
ATED LOCAL 259, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O.
Case No. R-2684.-Decided July 15, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mrs. Elinore M. Herrick, for the Board.
Mr. John Thomas Smith,, of New York City, for the Company.
Mr. Alexander E. Racolin, and Mr. Joseph. Harrison, of New York
City, for the Union.
Mrs. Mary M. Persinger, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
4
On May 29, 1941, Amalgamated Local 259, United Automobile
Workers of America, C. I. 0., herein called the Union, filed with the
Regional Director for the Second Region (New York City) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees at the New York Branch of General
Motors Truck and Coach Division of Yellow Truck & Coach Manu-
facturing Company, herein called the Company, engaged in the dis-
tribution of trucks, coaches, automotive parts and accessories, and
other related articles in New York City, and requesting an investiga-
tion and certification of representatives, pursuant to Section 9 .(c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On June 17, 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, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On that same day, the Com-
pany, the Union, and the Regional Director, entered into a "STIPU-
LATION FOR CERTIFICATION OF REPRESENTATIVES
UPON CONSENT ELECTION."
33 N. L. R. B., No. 85.
460
GENIE'RAL MOTORS TRUCK AND COACH MANUFACTURING COMPANY 461
Pursuant to the stipulation, an election by secret ballot was con-
ducted on June 20, 1941, under the direction and supervision of the
Regional Director, among all mechanics, parts department stockkeep-
ers, receiving clerks, shipping clerks, returned goods clerks, porters,
painters, car washers, drivers, and helpers of the Company at its New
York Branch, excluding supervisory employees, foremen, assistant
foremen, salesmen, office employees, clerical employees, timekeepers,
watchmen-porters, employees receiving special training, indentured
apprentices, and salaried employees, to determine whether or not said
employees desired to be represented by the Union for the purposes of
collective bargaining with the Company. On June 23, 1941, the Re,
gional Director issued and duly served upon the parties her 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 number eligible to vote________________________________ 32
Total number of ballots cast________________________________ 32
Total number of valid ballots --------------------------------- 32
Total number of votes in favor of Amalgamated Local 259,
United Automobile Workers of America, C. I. 0______________ 32
Total number of votes against aforementioned union---------- 0
Total number of blank votes_________________________________ 0
Total number of void ballots_________________________________ 0
Total number of challenged votes___________________________ 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' at' the New York Branch of General Motors
Truck and Coach Division of Yellow Truck & Coach Manufacturing
Company, New York City, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All mechanics, parts department stockkeepers, receiving clerks,
shipping clerks, returned goods clerks, porters, painters, car washers,
drivers, and helpers of the Company at its New York Branch, exclud-
ing supervisory employees, foremen, assistant foremen, salesmen,
office employees, clerical employees, timekeepers, watchmen-porters,
employees receiving special training, indentured apprentices, and sal-
aried employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
3. Amalgamated Local 259, United Automobile Workers of America,
C. I. 0., has been designated and selected by a majority of the em-
462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the above unit as their representative for the purposes of
collective bargaining , and is the exclusive representative of all the
employees in said unit , within the meaning of Section 9 (a) of the
Act.
CERTIFICATION OFREPRESENTATIVES -
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 Amalgamated Local 259, United Auto-
mobile Workers of America, C. I. 0., has been designated and selected
by a majority of all mechanics , parts department stockkeepers, receiv-
ing clerks, shipping clerks, returned goods clerks , porters, painters,
car washers , drivers, and helpers of General Motors Truck and Coach
Division of Yellow Truck & Coach Manufacturing Company, at its
New York Branch, New York City, excluding supervisory employees,
foremen, assistant foremen, salesmen , office employees , clerical em-
ployees , timekeepers , watchmen , porters, 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 National Labor Relations Act, Amal-
gamated Local 259, United Automobile Workers of America, 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 employ-
ment, and other conditions of employment.