General Motors Corp.

National Labor Relations Board - Board DecisionsOct 3, 1940

27 N.L.R.B. 628 (N.L.R.B. 1940)

In the Matter of DELCO RADIO DIVISION OF GENERAL MOTORS CORPORA- TION and INTERNATIONAL BROTHERHOOD' OF ELECTRICAL WORKERS, AFFILIATED WITH THE A. F. OF L. In the Matter of DELCO RADIO DIVIsIoN OF GENERAL MOTORS CORPORA- TION and UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE A. F. OF L. In the Matter -of DELco RADIO DlvlsioN of GENERAL MOTORS CORPORA- TION and METAL POLISHERS, BUFFERS, PLATERS & HELPERS INTL. UNION, LOCAL No. 24, AFFILIATED WITH THE A. F. OF L. Cases Nos. R-1848 to R-1850, inclusive Investigation and Certification of Representatives : run-off election directed. SUPPLEMENTAL DECISION SECOND DIRECTION OF ELECTION AND ,CERTIFICATION OF REPRESENTATIVES October 3,19-410 On July 19, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above- entitled proceeding,' directing that elections by secret ballot be con- ducted among certain employees of Delco Radio Division of General Motors Corporation, Kokomo, Indiana. Pursuant to the Direction of Elections, elections by secret ballot were conducted on August 14, 1940, imde`r the direction and supervision of the Regional Director for the Eleventh Region (Indianapolis, Indiana). On August 17, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report, setting forth the results of the election. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. 1 25 N. L. R. B. 698. 27 N L. R' B, No. 116. 628 DELCO RIADTO DIVIStO01 OF GEINIERAL MOTORIST CORPORATION 629 As to the balloting and its results, the Regional Director reported as follows : Metal Polishers Total number of employees alleged eligible to vote ------- ------- 23 Total number voted----------------------------------------- 22 Total number of valid votes cast------------------------------ 21 Total number of votes for the Metal Polishers, Buffers, Platers & Helpers------------------------------------------------ 20 Total number of votes against the Metal Polishers , Buffers, Platers & Helpers----------------------------------------- 1 Total number of blank ballots-------------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of challenged ballots---------------------------- 1 Plant Unit Total number of employees alleged eligible to vote------------- 837 Total number voted-------------------------------------=-- 757 Total number of valid votes cast------------------------------ 751 Total number of votes cast for the A F of L------------------ 174 Total number of votes for the CIO-UANV ---------------------- 308 Total number of votes for neither organization ---------------- 269 Total number'of blank ballots-------------------------------- 1 Total number of void ballots--------------------------------- 1 Total number of challenged ballots------ --------------------- 4 On August 21, 1940, the CIO-UAW, which had received the greatest number of votes, filed a formal request for a run-off election to be held by the Board. The Election Report reveals that neither competing labor organiza- tion received a majority of the votes cast, but that a substantial ma- jority of the employees voting desire one or the other of the two organizations. to bargain collectively for them. Under these circum- stances we will direct a run-off election among the employees in the plant unit in which the eligible employees will be given the opportunity to decide whether they desire to be represented by the CIO-UAW or by the American Federation of Labor, for the purposes of collective bargaining. SECOND DIRECTION OF ELECTION 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, 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 . DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Delco Radio Division of General Motors Corporation, Kokomo, Indiana, an election by secret ballot shall be conducted as early as 630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,..,, - possible, but- not later than thirty (30) days from the date of this Second Direction of Election, 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 the employees described in paragraph 2 of the Direction issued on July 19, 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by CIO-UAW or by American Federation of Labor, for the purposes of collective bargaining. 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, 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 Polishers, Buffers, Platers & Helpers International Union, Local No. 24, affiliated with the Ameri- can Federation of Labor, has been designated and selected by a ma- jority of all metal polishers, buffers, platers, and their helpers (but not supervisory or salaried employees and thpse'whose work is of a con- fidential nature) of Delco Radio Division of General Motors Corpo- ration, Kokomo, Indiana, 'astheir representative for the purpose of collective bargaining, and that, pursuant to Section 9 (a) of the At, Metal Polishers, Buffers, Platers & Helpers International Union, Local No. 24, affiliated with the American Federation of Labor, is the exclu- sive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. WILLIAM M. LEISERsoN, concurring : For reasons explained in my dissenting opinions,2 I cannot agree with the policy of the Board in ordering run-off elections. In the absence of a third member of the Board at the present time, however, I feel that proper administration of the Act requires my adherence to the Board's established practice until that practice can be reconsidered by a three-member Board. Accordingly, I concur in the direction of this run-off election. I join in the certification of Metal Polishers, Buffers, Platers & Helpers International Union, Local No. 24, as the exclusive repre- sentative of the employees in the craft unit set out above. 2 Matter of Coos Bay Lumber Co. and Lumber and Sawmill Workers Union, 16 N L. R B. 476; Matter of R. K. LeBlond Machine Tool Co, Cincannat, . Electi scat Tool Co. and Inde- pendent Employees Organization , 22 N. L. R. B. 465.