General Motors Corp.

National Labor Relations Board - Board Decisions

Sep 23, 1941

35 N.L.R.B. 647 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION, BIIICH MOTor
DIvISIoN, and LOCAL 202, SOCIETY OF DESIGNING ENGINEERS , AFFIL-
IATED WITH THE FEDERATION OF ARCHITECTS , ENGINEERS , CHEMISTS
AND TECHNICIANS , AFFILIATED WITH THE C. I. O.
Case No. R-3016.Decided September 23, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. 1'. H. McKeon, for the Board.
Mr. Henry M. Hogan, Mr. Denton Jolly, Mr. A. F. Power and
Mr. Robert C. Carson of Flint, Mich., for the Company.
Mr. J. S. Jacoby and Mr. H. T. McCreedy, of Detroit, Mich., and
Mr. Cyril J. Dutil, of Flint, Mich., for the Union.
Mr. Eugene M. Puri'er, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 29, 1941, Local 202, Society of Designing Engineers,
affiliated with the Federation of Architects, Engineers, Chemists
and Technicians, affiliated with the Congress of Industrial Organiza-
tions, herein called the Union, filed with the Regional Director for
the Seventh Region (Detroit, Michigan) a petition alleging that a
question affecting commerce had arisen concerning representation
of employees of General Motors Corporation, Buick Motor Division,
Flint, Michigan, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. 'On August 16, 1941, 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. On August 14, 1941, the
Company, the Union, and a Field Examiner for the Board entered
35 N. L. R. B, No 140.
647
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
into a "STIPULATION FOR CERTIFICATION OF REPRE-
SENTATIVES UPON CONSENT ELECTION."
Pursuant to-the stipulation, an election by secret ballot was con-
ducted on September 3, 1941, under 'the direction and supervision of
the Regional Director among all the checkers, layout men, detailers,
designers, draftsmen and process men in the Chassis Drafting De--
partment, Tool and Die Design Department and Process Department
of the Company, excluding all supervisory employees, chief drafts-
men, assistant chief draftsmen, checker-estimators, research engineers,
process engineers, chassis engineers, students, apprentices and clerical
employees, to determine whether or not they desire to be represented
by Local 202, Society of Designing Engineers, affiliated with the
Federation of Architects, Engineers, Chemists and Technicians,
affiliated with the Congress of Industrial Organizations, as
their exclusive representative for the purposes of collective bar-
gaining. On September 4, 1941, the Regional Director issued and
duly served upon the parties his Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list--------- ---------------------------- 96
Total ballots cast------------------------------------------ 86
Total ballots challenged------------------------------------ 0
Total blank ballots---------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes cast -------------------------------------- 86
Votes cast for Local 202, Society of Designing Engineers,
affiliated with the Federation of Architects, Engineers, and
- Chemists and Technicians, affiliated with the C. I. 0-------- 75
Votes cast- against Local 202, Society of Design -Engineers,
affiliated with the Federation of Architects, Engineers,
Chemists and Technicians , affiliated with the C . I. 0-------- 11
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. A question affecting commerce has arisen concerning the repre-
sentation of the employees of General Motors Corporation, Buick
Motor Division, Flint, Michigan, within the meaning of Section 9
(c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All checkers, layout men, detailers, designers, draftsmen and
process men in the Chassis Drafting Department, Tool and Die Design
Department and Process Department of General Motors Corporation,
Buick Motor Division, excluding all supervisory employees, chief
GENERAL MOTORS CORPORATION 649
draftsmen, assistant chief draftsmen, checker-estimators, research
engineers, process engineers, chassis engineers, students, apprentices
and clerical employees, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Local 202, Society of Designing Engineers, affiliated with the
Federation of Architects, Engineers, Chemists and Technicians, affili-
ated with the C. I. 0., has been designated 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 ins the 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
Relations Act,
IT IS HEREBY CERTIFIED that, Local 202, Society of Designing En-
gineers, affiliated with the Federation of Architects, Engineers, Chem-
ists and Technicians, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority of all
checkers, layout men, detailers, designers, draftsmen and process men
in the Chassis Drafting Department, Tool and Die Design Department
and Process Department of General Motors Corporation, Buick
Motor Division, Flint, Michigan, excluding all supervisory employees,
chief draftsmen, assistant chief draftsmen, checker-estimators, re-
search engineers, process engineers, chassis engineers, students, ap-
prentices and clerical employees, as their representative for the pur-
poses of collective bargaining, and that pursuant to the provisions of
Section 9 (a) of the Act, Local 202, Society of Designing Engineers,
affiliated with the Federation of Architects, Engineers, Chemists and
Technicians, affiliated with the Congress of Industrial Organizations,
is the exclusive 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.