General Motors Corp.

National Labor Relations Board - Board Decisions

Jul 19, 1940

25 N.L.R.B. 698 (N.L.R.B. 1940)

In the Matter of DELCO RADIO DIVISION OF GENERAL MOTORS CORPO-
RATION and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFFILIATED WITH THE A. F. of L.
In the Matter of DEL CO RADIO DIVISION OF GENERAL MOTORS CORPO-
RATION and UNITED Au'ro1roaTLE WORKERS OF A1%IERICA, AFFILIATED
WITH THE A. F. of L.
In the Matter of DELCO RADIO DivIsioN OF GENERAL MOTORS CORPO-
RATION and METAL POLISHERS, BUFFERS, PLATERS & HELPERS INTL.
UNION, LOCAL No. 24, AFFILIATED WITH THE A. F. of L.
Cases Nos . R-1848, R-18.49, and R-1850, respectively.-Decided July
19, 19.40
Jurisdiction : automobile accessory manufacturing industry.
Investigation and Certification of Representatives : stipulation as to existence
of question concerning representation and the necessity for an election to
resolve the question.
Inasmuch as the Board denied the units urged by two unions affiliated
with the same parent organization and finds that the two units urged by
them properly constitute one unit, the Board directed the name of the
parent organization to appear on the ballot.
Unit Appropriate for Collective Bargaining : (1) metal polisheis, buffers, plat-
ers, and their helpers; stipulation as to; (2) production, maintenance, and
toolroom employees in two plants of a division of the Company, excluding
metal polishers, buffers, platers, and their helpers and other specified
exclusions.
Mr. Arthur R. Donovan, for the Board.
Mr. Carlos J. Jolly, Mr. A. F. Power, Mr. Denton Jolly, and Mr.
Robert C. Carson, of Detroit, Mich., for the Company.
Mr. L: R. Van Emburgh, of Washington, D. C., for the I. B. E. W.
Mr. Herman A. Gerig and Mr. Harry Cole, of Cincinnati, Ohio,
for the AFL-UAW.
Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich.,
for the CIO-UAW.
Mr. Ray Kelsay, of Cincinnati, Ohio, for the Polishers.
Mr. Louis Cokin, of counsel to the Board.
25 N. L ., R. B., No. 76.
698
DELCO RADIO DIVISION OF GENERAL MOTORS CORPORATION 699
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TIIE CASE
On March 11, 1940, International Brotherhood of Electrical Work-
ers, affiliated with the A. F. of L., herein called the I. B. E. W.,
United Automobile Workers of America, affiliated with the A. F. of
L., herein called the AFL-UAW, and Metal Polishers, Buffers,
Platers & Helpers International Union, Local No. 24, affiliated with
the A. F. of L., herein called the Polishers, filed with the Regional
Director for the Eleventh Region (Indianapolis, Indiana) separate
petitions alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Delco Radio Division of
General Motors Corporation, Kokomo, Indiana, herein called the
Company, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act.
On March 28, 1940, 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, and, acting pursuant to
Article III, Section 10 (c) (2), of said Rules and Regulations,
ordered that the three cases be consolidated for all purposes.
On April 11, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the I. B.
E. W., the AFL-UAW, and the Polishers International Union', United
Automobile Workers of America, affiliated with the C. I. O., herein
called the CIO-UAW, a labor organization claiming to represent
employees'' directly affected by the investigation, and United Elec-
trical, Radio & Machine Workers of America. On Aprill15, 1940,
the Regional Director issued a notice of postponement of hearing
and on May 6 a second notice of hearing.
Pursuant to notice, a hearing was held on May 20, 1940, at Kokomo,
Indiana, before Earl S. Bellman, the Trial'Examiner duly designated
by the Board. The Board, the Company, the I. B. E. W., the AFL-
UAW, the Polishers, and the CIO-UAW were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. During the course
700 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the hearing the Trial Examiner made several rulings on motions
and on objections to the admission of evidence. The 'Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The'rulings are hereby affirmed.
A stipulation of the parties was introduced in evidence during
the hearing. It provides as follows:
, Metal Polishers, Buffers, Platers and Helpers International
Union Local No. 24 affiliated with the A. F. of L., hereinafter
called Polishers, one of the petitioners herein, and International
Union, United Automobile Workers of America, affiliated with
the A. F. of L. hereinafter called AFL-UAW, a, petitioner
herein; International Brotherhood of Electrical Workers, affili-
ated with A. F. of L. herein called I. B. E. W., International
Union United Automobile Workers of America affiliated with
the-C. I. O. hereinafter called CIO-UAW, an intervener, herein
and General Motors Corporation, employer, a party herein, con-
sider that:
1. Questions affecting commerce have arisen concerning repre-
sentation of employees of the plant involved in the above en-
titled matter for the purpose of collective bargaining,, and„the
parties`desire the earliest possible determination of such,repre-
sentation in said plant as evidenced by the petitions on file
herein.
IT. The introduction of testimony bearing upon the ultimate
and 'final disposition of some of the issues in this proceeding
would necessarily extend.the hearing over a considerable period
of time.
III. The exigencies, peculiar to-this situation require the resolu-
tion of some of the differences between the parties hereto by
the most expeditious method possible having due regard for the
interests of all concerned.
IV. This stipulation, is adopted for use only because of the
circumstances of these proceedings and, the considerations above
set forth and accordingly is being executed for the purposes
of this proceeding only and shall not be,considered a precedent
applicable, in any other, proceeding before the National Labor
Relations Board to which any of the signatories hereto shall
be a party.
The National Labor Relations Board shall conduct an election
separately among all metal polishers, buffers, platers and their
helpers who are in the employ of or on the seniority list of
General Motors Corporation, Delco Radio Division (but not
Supervisory or Salaried employees and those whose -work is of
a confidential, nature) during the pay period in which April 13,
DELCO RADIO DIVISION OF GENERAL MOTORS CORPORATION 701
1940, falls; said election to be held to determine whether or not
said employees desire to be represented by the Metal Polishers,
Buffers , Platers and Helpers International Union , Local No.
24. In this election, the ballot shall provide for a choice be-
tween: "METAL POLISHERS, BUFFERS, PLATERS AND
HELPERS" and "no union."
The Board shall also conduct an election separately among
all production and maintenance employees and tool room em-
ployees employed. by General Motors Corporation, Delco Radio
Division, who were in the employ of or on the seniority list
of said Division during the pay period in which April 13, 1940,
fell, (excluding , however, the metal polishers , buffers, platers
and their helpers aforementioned ) direct representatives of the
management , such as officers and directors of the company, sales
managers and assistant sales managers , factory managers and
assistant factory managers , process engineers , tool designers,
timekeepers , time study men, directors and employees of sales,
accounting , Personnel and Industrial Relations Departments,
directors of purchases and assistant directors of purchases , super-
intendents and assistant superintendents , general foremen, fore-
men and assistant foremen and all other persons working in a
supervisory capacity, including those having the right to hire
or discharge and those whose duties include recommendation as
to hiring or discharging ( but not leaders ) and those employees
whose work is of a confidential nature, office employees, plant
protection employees , all clerical employees, chief engineers and
shift operating engineers in the power plant, designing en-'
gineers, laboratory technicians, technical school students, en-
gineering model makers , draftsmen and detailers..
The respective unions ' herein, in the event an election is or-
dered'by the Board, desire to have their names designated on
the-'ballots as ' follows : "AFL-UAW", "INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS -A. F. of
L." and "CIO-UAW".
The General Motors Corporation was originally a holding
corporation owning all or substantially all of the stock of sub-
sidiary corporations engaged in the manufacture of different
products and in selling the same. In a few additional instances
General Motors Corporation also owned a minority stock interest
in other manufacturing corporations . Over a period of years
either through liquidation of or purchase from these wholly
owned subsidiaries engaged in manufacturing operations General
Motors Corporation itself took over and engaged in the manu-
facturing operations of substantially all of these wholly owned
702 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
subsidiaries without, however, disturbing or affecting the inde-
pendence of the managements of the plants or operations in-
volved, the diversification of the products of these separate
operations or to any material extent the physical locations,
thereof. As a result General Motors Corporation maintains
today a decentralized management for its respective plants. It
maintains plants in forty-two cities, in twelve states from Con-
necticut to California. It manufactures and produces a wide
variety of products, turning out in some plants as many as 1200
different items and it engaged in s number of businesses, many
of which are of dissimilar nature.
Sometime early in 1937 the UAW initiated organizational
activities among all production, maintenance employees and Tool
Room employees in the Delco Radio Division. On March 12,
1937, a written agreement was entered into between the Corpora-
tion of the International Union U. A. W. on behalf of its mem-
bers. Supplemental agreements were entered into from time to
time as a result of a continuing' baraining relationship between
the Corporation and the International Union, U. A. W., on behalf
of its members.
- Since April 1, 1937, in connection with collective bargaining
negotiations, adjustments and adaptations have been made and
carried on between the UAW, acting for their member employees
in said Division and the local management of said Division.
Meetings with the management were held from time to time until
February 1939, at which time a practice of bi-weekly meetings
was put into effect. Such meetings continued until June 10,
1939. Since said date periodic irregular meetings have been
held between -the management of Delco Radio Division and
International Representatives of both CIO-UAW and A. F. of
L.-UAW acting for their respective member employees. On
January 20, 1939 a schism had occurred in the ranks of the In-
ternational Union UAW. Thereafter, one group, the CIO-
UAW reaffirmed its affiliation with the Congress of Industrial
Organizations and elected R. J. Thomas its president. The
other; the AFL-UAW, under the leadership of Homer- Martin,
who, prior to the schism, hid been president of the International
Union, renounced affiliation with the Congress of Industrial
Organizations and, in,June, 1939, affiliated with the American
.Federation of Labor.
Similar irregular meetings were also had between the Metal
Polishers, Buffers, Platers and Helpers Union, Local 24, acting
for their members, and the local management of said Division.
Such meetings began in November 1938, and last meeting was
held on January 13, 1940.
DELCO RADIO DIVISION OF GENERAL MOTORS CORPORATION 703
The Metal Polishers, Buffers, Platers and Helpers Union ad-
mits to membership workers who are in a well established and
skilled craft. General Motors Corporation has, for a period of
over a year, recognized the Metal Polishers, Buffers, Platers and
Helpers Union as the representative of metal polishers, buffers,
platers and their helpers, employed by General Motors Corpora-
tion,- Delco -Radio Division; - who are 'members of the Metal
Polishers, Buffers, Platers and Helpers Union.
_T In order Jto'clarify. 'my "misundcrstandinb that may arise as
to-tlie bargaining procedure to be followed after the National
Labor Relations Board has determined the bargaining unit, and
has certified the exclusive bargaining agents in such plants, with
respect to which such certification may issue, the parties further
stipulate :
The parties hereto accept the principle of the present appeal
procedure being followed in connection with collective bargain-
ing in many of the plants of General Motors Corporation
whereby cases not satisfactorily adjusted at the plants where
they arise may be appealed successively to the higher officers of
the General Motors Corporation, by the officers of the Interna-
tional Union.
The Industrial Relations Staff of General Motors Corporation
will negotiate collectively with the officers of the International
Union certified as the exclusive bargaining agency of a bargain-
ing unit in this plant on such issues as are common to employees
in this bargaining unit and in bargaining units in one or more
other plants in which the Union certified as exclusive bargaining
agency for a bargaining unit in this plant has also been certified
as exclusive bargaining agency. The form and extent of all
agreements is a practical problem to be worked out in the negotia-
tions subsequent to the Elections, designations, and certifications
by the Board.
Labor Organizations
Each of the Unions, parties hereto, acknowledges and agrees
that each of the other Unions is a labor organization, within the
meaning of Section 2 (5) of the National Labor Relations Act in
that each of such organizations exists in whole or in part for the
purpose of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hour, of employment and condi-
tions of work, and that each of such organizations claims juris-
diction over the employees in the respective bargaining units
claiined by them in this proceeding.
704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Question Concerning Representation
Each of the Unions, parties hereto, claims to represent a
majority of the employees in the respective bargaining units
claimed by them in this proceeding. and all the parties hereto
including the employer acknowledge and agree that each of the
Unions, parties hereto, has made demands upon the General
Motors Corporation for the right exclusively to bargain for the
employees of the General Motors Corporation within the re-
spective bargaining units claimed by them in this proceeding,
. and that such demands have been refused.
The Board hereby approves the stipulation.
On June 12, 19, and 20, 1940, respectively, the I. B. E. W., the
CIO-UAW, and the Company filed briefs which the Board has
considered.
Upon the above stipulation and the entire record in the case, the
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation with its principal busi-
ness offices located in New York City and with other offices in Detroit,
Michigan. The Company has several unincorporated divisions. The
division with ` which we are here concerned; Delco Radio . Division,
maintains a plant located in two buildings at Kokomo, Indiana, where
it manufactures automobile radio service sets, automobile carburetors,
acid parts for such products. Approximately 70 per cent, by value,
of, the productive materials, including raw materials and fabricated
or partially fabricated articles, used in the manufacturing and fabri-
eating operations of the Delco `Radio Division is obtained ' from
sources outside the State of Indiana, and approximately 95 per cent
of its products are shipped ' upon completion to points outside the
State of, Indiana. The, Delco Radio Division of the Company
employs, approximately 1,000 employees.
11 1 ' H. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to• membership hourly paid production and maintenance employees
in Plant 1 of the Company.
United Automobile Workers of America is a labor organization
affiliated with the American Federation of Labor. It admits to mem-
bership hourly paid production and maintenance employees - in-Plant
2 of the Company.
DELCO , RADIO DIVISION OF GENERAL MOTORS CORPORATION 705
International Union, United Automobile Workers of America,
is a labor organization affiliated with the Congress of Industrial
Organizations. It admits to membership hourly paid production and
maintenance employees in Plants 1 and 2 of the Company.
Metal Polishers , Buffers , Platers & Helpers International Union,
Local No. 24, is a labor organization affiliated with the American
Federation of Labor. It admits to membership metal polishers,
buffers, platers, and their helpers employed in the polishing
department of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that each labor organization in-
volved herein claims to represent a majority of the employees in the
respective bargaining units claimed by them to be appropriate; that
each of them has made demands upon the Company for the right to
bargain exclusively for the employees within such respective units;
and that their demands have been refused by the Company.
We find that ' questions have arisen concerning the representation
of employees 'of the Company. '
IV. THE EFFECT OF THE QUESTIONS CONCERNING
REPRESENTATION UPON COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above , have a close , intimate , and substantial
relation to trade, traffic , and commerce among the several States, and
tend to le,id to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. DETERMINATION OF REPRESENTATIVES AND
TILE APPROPRIATE UNITS `
We find that the questions concerning representaitioii which have
arisen can best be resolved by elections by secret ballot among the two
groups of employees described in subdivisions A and B below',
A. The Polishers
All the parties agreed that all metal polishers, buffers, platers; and
their helpers, 'excluding supervisory and salaried employees and em=
ployees whose work is of a confidential 'nature, should constitute
a separate unit.
We find 'that the, metal polishers , buffers; platers , and their helpers,
-excluding supervisory and salaried employees arid` employees 'whose
work is-of a confidential nature , constitute a unit appropriate for the
706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purposes of collective bargaining " and that said ' unit will insure
to employees ' of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
We shall direct that a separate election be held among all metal
polishers , buffers, platers , and their helpers who were in the employ
of or on the seniority list of General Motors Corporation , Delco Radio
Division (but not supervisory or salaried employees and those whose
work is of a confidential nature ) during the pay-roll period in which
April 13, 1940, fell , to determine whether or not said employees desire
to be represented by Metal Polishers , Buffers, Platers and Helpers
International Union , Local No. 24. In the election the ballot shall
provide for a choice between "Metal Polishers , Buffers, Platers, and
Helpers" and "No Union."
B. The division unit
The CIO-UAW urges that all production, maintenance, and tool-
room employees in Plants 1 and 2 of Delco Radio Division of the
Company, excluding metal polishers, buffers, platers, and their
helpers, direct representatives of the management such as officers and
directors, sales managers and assistant sales managers, factory mana-
gers and assistant factory managers, process engineers, tool designers,
timekeepers, time-study men, directors and employees of sales, account-
ing, Personnel, and Industrial Relations Departments, directors of
purchases and assistant directors of purchases, superintendents and
assistant superintendents, general foremen, foremen and assistant
foremen, and all other persons working in a supervisory capacity,
including those having the right to hire or discharge and those whose
duties include recommendation as to hiring and discharging (but not
leaders), and those employees whose work is of a confidetttial•nature,
office employees, plant-protection employees, `all clerical employees,
chief engineers, shift operating en;,iueers in the power plant, de-
signing engineers, laboratory technicians, technical school students,
engineering model makers, draftsmen, and detailers, 'constitute a unit
appropriate for the purposes of collective bargaining. The I. B. E. W.
and the AFL-UAW, respectively, claim the above classifications
of employees in Plant 1 and Plant 2 constitute separate appropriate
bargaining units. The Company takes a neutral position as to what
should ,constitute the appropriate units or units.
The Delco Radio Division originally comprised but one building
known ' as Plant 1. In 1938 the Company -expanded its Delco Radio
Division and added a building known as Plant 2., Plant 1 is prin-
cipally engaged in the production of radios and Plant 2 in the produc-
tion of carburetors. The two buildings are joined by connecting
DELCO RADIO DIVISION OF GENERAL MOTORS CORPORATION 707
passageways, are in'the same enclosure, and are serviced by a single
power plant. Both plants are under a single manager and have a
common personnel office. They also have common maintenance,
shipping, and time-study departments. The handling of employee
-grievances and questions of wages, hours, and working conditions are
handled by a single office for both plants.
Some of the types of work performed in the two plants are some-
what,dif£erent and special training is required for specific operations
in both plants. However, approximately 25 per cent of the em-
ployees in Plant 2 are engaged in the, production of fabricated mate-
rials for use in the operation of Plant 1. Plant 1 in turn manufac-
tures approximately 50 types of parts used in the operation of Plant
2. There is a considerable amount of interchange of fabricated raw
materials, between the two plants and the plants are so interdependent
-that one could not function without the other. There are approxi-
mately 800 employees in Plant 1 and approximately 200 employees in
Plant 2.
In 1937 the Company, in behalf of its Delco Radio Division, which
then comprised but one plant, entered into awritten contract with the
United Automobile Workers of America on behalf of its members em-
ployed in the Delco Radio • Division., In 1938 when the Company
added another plant, the above contract, as supplemented, was applied
to the members of, the United 'Automobile Workers of America in
both plants. After the schism in the ranks of;the United Automobile
Workers of America in January 1939, the Company, continued to
recognize the AFL-UAW and the CIO-UAW for.their members in
both plants. The I., B. F. W. has never attempted to conduct any
negotiations with the Company.
We find that all production, maintenance, and toolroom employees
in Plant;1' and Plant 2, of General Motors Corporation,, Delco Radio
Division, excluding metal polishers, buffers, platers, and,their helpers,
direct representatives of the management, such as officers and direc-
tors of the Company, sales managers and assistant sales managers, fac-
tory, managers and assistant factory managers, process engineers, tool
designers, timekeepers, time-study men, directors and employees of
sales, accounting, Personnel and Industrial Relations Departments,
directors of purchases and assistant directors of purchases,. superin-
tendents and assistant superintendents, general foremen, foremen and
assistant foremen, and all other persons working in a supervisory
capacity, including those having the right to hire and discharge and
those whose duties include recommendations as to hiring and dis-
charging (but not leaders) and those employees whose work is of a
confidential. nature, office employees, plant-protection employees, all
clerical -employees, chief engineers, shift operating engineers in the
'7Q8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
, power -.Plants, designing engineers, laboratory technicians, technical
school students, engineering, model makers, draftsmen, and detailers,
constitute a unit appropriate for the purposes of collective bargaining-
and, that said unit will insure to employees of the Company full bene-
fit of•their right to self-organization and to collective bargaining. and
otherwise effectuate the policies of the Act.
We. shall direct that a separate election be held among all- the
,employees in the above unit who were in the employ of or on the
seniority list of General Motors Corporation, Delco Radio Division,
during the pay=roll period in which April 13, 1940, fell. Inasmuch as
we are denying the units urged by the AFL-UAW and the I. B.
-E. W., both affiliates of the American Federation of Labor, and find
-that separate units urged by them properly constitute one unit, we
will direct that,the American Federation of Labor and the,CIO-UAW
are the organizations to appear upon the ballot,in this election.,
Upon the basis of the above findings of fact, stipulation, and, the
entire record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Delco Radio Division of General Motors
Corporation; Kokomo, Indiana, within the meaning of Section 9 (c)
'and Section 2 (6) and (7) of the National Labor Relations Act.
2: All' the metal polishers, buffers, platers, and their 'helpers, .ex-
''eluding supervisory or salaried employees and those whose,worklis.of .
a confidential'nature, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) 'of the
National Labor Relations Act.
3. All production, maintenance, and toolroom employees in Plant
1 and Plant 2 of the Delco Radio Division of the Company, excluding
metal polishers, buffers, platers, and their helpers, direct representa-
tives of the management, such as officers and directors of'the Company,
sales managers and assistant sales managers, factory managers and as-
sistant factory managers, process engineers,- tool designers, time-
keepers,'time-study men, directors and employees of sales, accounting,
Personnel and Industrial' Relations Departments, .directors of `pur-
chases' and assistant directors of purchases;' superintendents and
assistant superintendents, general foremen, foremen and assistant fore-
men,' and all other persons working in a supervisory capacity, iriclud-
'ing those having the right to hii'e and discharge-and those whose
' See Matter of A. Goodman Son and Bakery t Confectionery Workers International`
Union, Local 91, Matzoh d Noodle Corkers, A F. L„ 14 N. L. R. B. 1213 ;' Matter of Fried
Osterrann Co. and'Local 80, International G love 7t'orl ers of America,,A 'F, I ; 7 N L'• R. B.
,1075;
DELCO RADIO DIVISION OF GENERAL MOTORS CORPORATION 709
duties include reconnnendations as to hiring and discharging (buit not
leaders ), and those employees„whose work is.of a confidential nature,
.,office ,employees , plant ,,protection employees , ' all • clerical employees,
,chief engineers ,'shift operating engineers in the power plant , design-
ing engineers, laboratory technicians, technical school students, engi-
neering model makers, draftsmen, and detailers, constitute a unit
appropriate, for,the purposes of collective bargaining, within the
. meaning of Section 9 ( b) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Rehikions Board by'Section 9 (c) of'theNational Labor Relations Act
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended , it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Delco Radio Division of General Motors Corporation , Kokomo,
Indiana, elections by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Eleventh Region , acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations , among: -
(1) All metal polishers , buffers, platers , and their helpers ( but not
,supervisory or salaried employees and those whose work is of a confi-
dential nature ) who were in the employ of or on the seniority list of
Delco Radio Division of General Motors Corporation during the pay-
roll period in which April 13, 1940, fell , to determine whether or not
said employees desire to be represented by Metal Polishers ,' Buffers,
Platers and Helpers for the purposes of collective bargaining;'
(2) All production , maintenance , and toolroom employees in Plant
1 and Plant 2 of Delco Radio Division of General Motors Corporation
who were in the employ of or on the seniority list of Delco Radio Di-
vision of General Motors Corporation during the pay-roll period in
which April 13, 1940, fell , excluding metal polishers, buffers, platers,
and their helpers, direct representatives of the Company , such as
officers and directors of the Company , sales managers and assistant
sales managers , factory managers and assistant factory managers,
process engineers, tool designers, timekeepers , time-study inen, direc-
tors and employees of sales, accounting , Personnel and Industrial Re-
lations Departments , directors of purchases and assistant directors
''of purchases ;- superintendents and, assistant, superintendents , -general
foremen, foremen and assistant foremen, all other persons worl:iiig in
- 24-086-42-vo1 25--46
'710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a supervisory capaeity,"incl^iding those'.having-the :Tigh tq Hire-and
-discharge and those whose duties include recommendations as to hiring
and discharging (but not leaders), and those employees whose work -
is of a confidential nature, office employees, plant-protection employees,
all clerical employees, chief engineers, shift operating engineers in the
power plant, designing engineers, laboratory technicians, technical
school students, engineering model makers, draftsmen, and detailers,
to determine whether they desire to be represented by CIO-UAW or
by American Federation of Labor, for the purposes of collective
bargaining, or by neither.
Mn. WILLIAM M . LrISERSON took no part in the consideration- of-the
above Decision and Direction of Election.