General Motors Corp.

National Labor Relations Board - Board Decisions

Mar 27, 1940

21 N.L.R.B. 1142 (N.L.R.B. 1940)

In the Matter of FRIGIDAIRE DIVISION OF GENERAL MOTORS CORP. and
METAL FINISHERS LOCAL LODGE #336 , INTERNATIONAL ASSOCIATION
OF MACHINISTS (A. F. L.)
Case No. B-1631
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 07, 1940
On January 27, 1940, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled proceed-
ing.) Pursuant to the Direction of Election, an election by secret
ballot was conducted on February 16, 1940, under the direction and
supervision of the Regional Director for the Ninth Region (Cincin-
nati, Ohio). On March 6, 1940, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued an Election Re-
port, copies of which were duly served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of alleged eligible voters------------------------ 275
Total number of ballots cast_____________________ ---- 256
Total number of valid ballots cast---------------------------- 248
Total number of unchallenged ballots for Metal Finishers Lo-
cal Lodge #336, International Association of Machinists
(A F L.) ------------------------------------------------ 126
Total number of unchallenged ballots for Dayton Independent
Union---------------------------------------------------- 59
Total number of unchallenged ballots for neither-------------- 29
Total number of blank ballots-------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots--------------------------- 42
Total number of challenges sustained------------------------- 8
Total number of challenges not passed upon------------------- 34
On February 26, 1940, the United filed with the Regional Director
the following objections to the conduct of the ballot : (1) employees
119 N L R B. 957
21 N L. R B., No 116.
1142
GENERAL MOTORS CORPORATION 1143
of Department 236 and R. Cull spend most of their working time on
operations other than metal finishing and should be declared ineligible
to vote; (2) the unit in this proceeding is inappropriate. In his Elec-
tion Report the Regional Director found the first objection without
.merit. He did not pass on the second objection. No objections to the
Election Report have been filed by any of the parties.
On March 12, 1940; the United filed with the Board a statement in
opposition to the certification of Metal Finishers Local Lodge #336,
International Association of Machinists (A. F. L.), herein called the
Metal Finishers. It opposed certification on the ground that the unit
sought by the Metal Finishers was inappropriate and requested oral
argument before the Board.
The Board has considered the objections to the conduct of the bal-
lot and the statement in opposition to certification. It finds that they
are without merit and that they do not raise substantial or material
issues with respect to the conduct of the ballot or the Election Report.
The request for oral argument is hereby denied.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Metal Finishers Local Lodge #336, In-
ternational Association of Machinists (A. F. L.), has been designated
and selected by a majority of all metal finishers, excluding metal-
finish grinders, employed in Plant 2 of Frigidaire Division of General
Motors Corp., Dayton, Ohio, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the National Labor Relations Act, Metal Finishers Local
Lodge #336, International Association of Machinists (A. F. L.), is the
exclusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.