General Motors Corp.

National Labor Relations Board - Board Decisions

Sep 7, 1940

27 N.L.R.B. 104 (N.L.R.B. 1940)

In the Matter of FRIGIDAIRE DIvISIoN, GENERAL MOTORS CORP., DAY-
TON, OHIO and LOCAL 801, UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. IR-1830
SECOND SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 7, 1940
On June 20, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding.' On July 15 and August 2, 1940, respec-
tively, the Board issued an Amendment to Direction of Election 2 and
a Supplemental Decision and Direction of Run-Off Election.3 Pur-
suant to the Supplemental Decision and Direction of Run-Off Elec-
tion, an election by secret ballot was conducted on August 14, 1940,
under the direction and supervision of the Regional Director. On
August 16, 1940, the Regional Director, acting pursuant to Article,
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, issued and duly served upon the parties
an Election Report. No objections to the conduct,of the ballot or the
ElectionSReport have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
PATTERN MAKERS
Number of alleged eligible voters---------------------------- 15
Number of ballots placed in ballot box---------------------- 15
Number of unchallenged ballots for Pattern Makers League of
North America------------------------------------------- 6
Number of unchallenged ballots against Pattern Makers League
of North America---------------------------------------- 8
Number of challenged ballots-------------------------------- 1
Number of blank ballots------------------------------------ 0
Number of spoiled ballots ----------------------------------- 0
124 N L R. B 853.
z 25 N. L R B 396
26 N L R B 69
27 N. L. R. B, No. 28.
104
.
"' - FRIGIDAIRE DI4ISIOIV^' GENERAL MOTORS CORP. 1 05
PLANT UNIT
Number of alleged eligible voters___________________________ 9, 064
Number of ballots placed in ballot box---------------------- 7, 579
Number of unchallenged ballots for Local 801, United Electri-
cal, Radio & Machine Workers of America_________________ 4, 062
Number of unchallenged ballots for Dayton Independent Union
of Dayton, Ohio---------------------------------------- 3,059
Number of challenged ballots------------------------------- 156
Number of blank ballots----------------------------------- 219
Number of spoiled ballots__________________________________ 83
On August 20, 1940, United Electrical, Radio & Machine Workers of
America, Local 801, filed a request to include the wood pattern makers
and metal pattern makers working on machine or bench, pattern,
checkers, and the apprentices of these classifications in the plant unit,
inasmuch as they expressed a desire not to be represented by the Pat-
tern Makers League of North America. The Board has considered
-the request and it is hereby denied. -
In the Decision and Direction of Elections referred to above, the
Board made no final determination as to the appropriate unit or units,
but stated that such determination would depend upon the results in
each of the elections.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all production and maintenance employees, mechanical
employees in the engineering department shops, employees in service
-department shops, tool and die makers, and inspectors of Frigidaire
Division, General Motors Corporation, Dayton, Ohio, excluding the
factory manager, assistant factory manager, superintendents; assist-
ant superintendents, supervisors, foremen, dispatchers, timekeepers,
plant protective employees, cafeteria employees, metal finishers, stock.
chasers, cooperative school students, apprentices, and others included
in the employer's educational program, instructors, garage attendants,
crate designers, engineers, technical employees, time-study men, head-
job setters, draftsmen, tool designers and detailers, clerical and office
employees, chemists, metallurgists, employees of the personnel and
industrial departments, wood pattern makers and metal pattern makers
working on bench or machine, pattern checkers, and the apprentices
of these classifications, constitute a unit appropriate for the purposes
of collective bargaining, and that said unit will insure to the 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.
Inasmuch as no union has received a majority of the votes in the
election held among the wood pattern makers and metal pattern makers
106 DECISIONS- OF NATIONAL LABOR -RELATIONS BOARD
working on bench or machine, pattern checkers , and the apprentices
of these classifications , we will not certify any representative for such
employees.
SUPPLEMENTAL CONCLUSIONS OF LAW
We find that all production and maintenance employees, mechani-
cal employees in the engineering department shops, employees in
service department shops, tool and die makers, and inspectors of
Frigidaire Division, General Motors Corporation, Dayton, Ohio,
excluding the factory manager, assistant factory manager, superin-
tendents; assistant superintendents, super-visors,' foremen, dispatchers,
timekeepers. plant protective employees, cafeteria employees, metal
finishers, stock chasers, cooperative school students, apprentices, and
others included in the employer's educational program, instructors,
garage attendants, crate designers, engineers, technical employees,
time-study men, head-job setters, draftsmen, tool designers and de-
tailers, clerical and office employees, chemists, metallurgists, em-
ployees of the .personnel and industrial departments, Wood. pattern
makers and metal pattern makers working on bench or machine,
pattern checkers, and the apprentices of these classifications, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) 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 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 United Electrical, Radio & MaChlne
Workers of America, Local 801, affiliated with the Congress of Indus-
trial Organizations, has been designated and selected by a majority
of all production and maintenance employees, mechanical employees
in the engineering department shops, employees in service department
shops, tool and die makers, and inspectors of Frigidaire Division,
General Motors Corporation, Dayton, Ohio, excluding the factory
manager, assistant factory manager, superintendents, assistant super-
intendents, supervisors, foremen, dispatchers, timekeepers, plant pro-
tective employees, cafeteria employees, metal finishers, stock chasers,
cooperative school students, apprentices, and others included in the
employer's educational program, instructors, garage attendants, crate
designers, engineers, technical employees, time-study men, head-job
setters, draftsmen, tool designers and detailers, clerical and office
FRIGIDAIRE DIVISION, GENERAL MOTORS CORP. 107
employees, chemists, metallurgists, employees of the personnel and
industrial departments, wood pattern makers and metal pattern
makers working on bench or machine, pattern checkers, .and the ap-
prentices of-these classifications, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a)
of the National Labor Relations Act, United Electrical, Radio &
Machine Workers of America, Local 801, affiliated with the Congress
of Industrial Organizations, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.