General Motors Corp.

National Labor Relations Board - Board Decisions

Aug 20, 1941

34 N.L.R.B. 605 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION , OLDS MOTOR WORKS
DIVISION ( GENERAL MOTORS FORGE PLANT) and INTERNATIONAL UNION,
,UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE
C. I. O.
In the Matter of GENERAL MOTORS CORPORATION, OLDS MOTOR WORKS
DIVISION (GENERAL MOTORS FORGE PLANT) and INTERNATIONAL DIE
SINKERS CONFERENCE, LANSING LODGE No. 60 (INDEPENDENT).
Cases Nos. R-2860 and R-2861.-Decided August W, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. T. H. McKeon, for the Board.
Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and Mr.
Robert C. Carson, of Detroit, Mich., for the Company.
Mr. Ernest Goodman, of Detroit, Mich., for the UAWA-C. I. O.
Mr. Lester M. Shearer, of Canton, Ohio, for the Die Sinkers.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On February 21, 1941, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., herein called the
UAWA-C. I. 0., and on March 4, 1941, International Die Sinkers
Conference, Lansing Lodge No. 60, (Independent), herein called the
Die Sinkers, filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition each alleging that a question affecting
commerce had arisen concerning the representation of employees of
General Motors Corporation, Olds Motor Works Division, (General
Motors Forge Plant), herein called the Company, engaged in the
production of automobile parts and shells at Lansing, Michigan, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On July 14, 1941, the National Labor
34 N. L it. B., No '79
605
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board, herein called-the Board, acting pursuant to Section
9 (c) of the Act and Article III, Sections 3, and 10 (c) (2), of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, consolidated the cases and ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice. On July 11, 1941, a Field
Examiner of the Board, the Company, the UAWA-C. I. 0., and the
Die Sinkers entered into a "STIPULATION FOR CERTIFI-
CATION OF REPRESENTATIVES UPON CONSENT
ELECTION."
Pursuant to the Stipulation, elections were conducted on July 24,
1941, under the direction and supervision of the Acting Regional
Director among employees of the Company within the following two
units :
(1) All production and maintenance employees, and mechanical
employees in engineering-department shops, excluding, however, di-
rect representatives of management such as officers and directors of
the Company, employees of sales, accounting,, personnel, and indus-
trial-relations departments, superintendents, and assistant superin-
tendents, general foremen, foremen and assistant foremen, and all
other persons working in a supervisory capacity including those hav-
ing 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, time-study
men, plant-protection employees (but not to include maintenance
patrolmen or fire patrolmen), all clerical employees, chief engineers
and shift operating engineers in power plants, designing (drawing
board), production, estimating, and planning engineers, draftsmen
and detailers, physicists, chemists, metallurgists, artists, designer-
artists and clay-plaster modelers, timekeepers, technical school stu-
dents, indentured apprentices, and those technical or professional em-
ployees who are receiving training, kitchen and cafeteria help, and
also excluding the impression die sinkers hereinafter mentioned to
determine whether or not said employees desire to be represented by
the UAWA-C. I. O.
(2) All impression die sinkers employed in the manufacture or
maintenance of dies used to complete forgings, including die sinkers
on bench, mill, lathe, and other machines, trim die makers, keller men,
edger men and edger grinders, upset die men 'and turning impression
men, excluding supervisory or salaried employees and those employees'
whose work is of a confidential nature, to determine whether or not
said employees desire to be represented by the Die Sinkers.
On July 29, 1941, the Acting Regional Director issued and duly
served upon the parties his Election Report on the ballot. No objec.
GENERAL MOTORS CORPORATION 607
Lions to the conduct of the ballot or to the Election Report have been
filed by any of the parties.
As to the balloting and the results thereof, the Acting Regional
Director reported as follows :
For the Production Unit
Total on eligibility list------------------ ------------------------------- 922
Total ballots cast -------------------------------------------------------- 890
Total ballots challenged ------------------------------------------------- 1
Total blank ballots----------------------------------------------------- 3
Total void ballots-------------------------------------------------------- 0
Total valid votes cast--------------------------------------------------- 886
Votes cast for International Union, United Automobile Workers of America,
affiliated with the C. I. 0-------------------------------------------- 808
Votes cast against the International Union, United Automobile Workers of
America, affiliated with the C. I. 0----------------------------------- 78
For the Die Sinkers Unit
Total on eligibility list-------------------------------------------------- 59
Total ballots cast------------------------------------------------------ 57
Total ballots challenged------------------------------------------------- , 0
Total blank ballots-----------------------------------------------------, 0
Total void ballots------------------------------------------------------- 0
Total valid votes cast--------------------------------------------------- 57
Votes cast for International Die Sinkers Conference , Lansing Lodge, No 60'
(Independent ) ------------------------------------------------------- 41'
Votes cast against International Die Sinkers Conference ; Lansing Lodge No.
60.(Independent) ----------------------------------------------------- 16
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. Questions affecting commerce have arisen concerning the, repre-
sentation of employees of General Motors Corporation, Olds Motor
Works Division (General Motors Forge Plant), Lansing, Michigan,,
within the meaning of Section 9• (c) and Section 2 (6) and (7) of the
Act.
2. All production and maintenance employees, and mechanical em-
ployees in engineering-department shops of the Company at Lansing,
Michigan, excluding, however, direct representatives of management
such as officers and directors of the Company, employees of sales,
accounting, personnel, and industrial-relations departments, super-
intendents 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 or discharging,
608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(but not leaders), and those employees whose work is of a confiden-
tial nature, time-study men, plant-protection employees (but not to
include maintenance patrolmen or fire patrolmen), all clerical em-
ployees, chief engineers and shift operating engineers in power plants,
designing (drawing board), production, estimating, and planning
engineers, draftsmen and detailers, physicists, chemists, metallurgists,
artists, designer-artists and clay-plaster modelers, timekeepers, tech-
nical school students, indentured apprentices, and those technical or
professional employees who are receiving training, kitchen and cafe-
teria help, and also excluding the impression die sinkers hereinafter
mentioned, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. International Union, United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations, has been des-
ignated and selected by a, majority of the employees in the above unit
as their representative for the purposes of collective bargaining, and
is the exclusive representative of all employees in said unit, within
the meaning of Section 9 (a) of the National Labor Relations Act.
4. All impression die sinkers employed by the Company at Lansing,
Michigan, in the manufacture or maintenance of dies used to complete
forgings, including the die sinkers on bench, mill, lathe, and other
machines, trim die makers, keller men, edger men and edger grinders,
upset die men and turning impression men, excluding supervisory or
salaried employees and those employees whose work is of a confidential
nature, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
5. International Die Sinkers Conference, Lansing Lodge No. 60
(Independent) has been designated and selected by a majority of the
employees in the unit mentioned in the preceding paragraph 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 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,
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile Workers of America, affiliated with the C. I. 0., has been desig-
nated and selected by a majority of all production and maintenance
employees, and mechanical employees in engineering-department
shops of the General Motors Corporation, Olds Motor Works Divi-
GENERAL MOTORS CORPORATION 609
Sion (General Motors Forge Plant), Lansing, Michigan, excluding,
however, direct representatives of management such as officers alid
directors of the Company, employees of sales, accounting, personnel,
and industrial-relations departments, 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 or discharging (but not leaders) and
those employees whose work is of a confidential nature, time-study
men, plant-protection employees (but not to include maintenance
patrolmen or fire patrolmen), all clerical employees, chief engineers
and shift operating engineers in power plants, designing (drawing
board), production, estimating, and planning engineers, draftsmen
and detailers, physicists, chemists, metallurgists, artists, designer-
artists and clay-plaster modelers, timekeepers, technical school stu-
dents, indentured apprentices, and those technical or professional
employees who are receiving training, kitchen and cafeteria help,
and also excluding the impression die sinkers hereinafter mentioned,
as their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, Inter-
national Union, United Automobile Workers of America, affiliated
with the 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 employment, and other conditions of employment;
IT IS HEREBY CERTIFIED that International Die Sinkers Conference,
Lansing Lodge No. 60, (Independent) has been designated and
selected by a majority of all impression die sinkers employed by
General Motors Corporation, Olds Motor Works Division (General
Motor Forge Plant) Lansing, Michigan, in the manufacture or main-
tenance of dies used to complete forgings, including the die sinkers
on bench, mill, lathe, and other machines, trim die makers, keller
men, edger men and edger grinders, upset die men and turning im-
pression men, excluding supervisory or salaried employees and those
employees whose work is of a confidential nature, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
'Section 9 (a) of the Act, International Die Sinkers Conference,
Lansing Lodge No. 60, (Independent) 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 condi-
tions of employment
MR. EDWIN S. SMITH took no part in the -consideration of the
above Decision and Certification of Representatives.