General Motors Corp.

National Labor Relations Board - Board DecisionsNov 27, 1941

36 N.L.R.B. 1266 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION, FRIGIDAIRE DIVISION (ORDNANCE PLANT) and INTERNATIONAL UNION, UNITED ELEC- TRICAL,' RADIO AND MACHINE, WORKERS OF AMERICA, LOCAL 801, AFFILITED WITH THE C. I. O. Case No. R-3274.-Decided Novevzber 27, 1941 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. Philip G. Phillips, for the Board. Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and Mr. Robert C. Carson, of Dayton, Ohio, for the Company. Mr. Levi Markland and Mr. Henry Fiering, of Dayton, Ohio, for the Union. Mrs. Augusta Spaulding, of counsel to the -Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STAEMENT OF THE CASE On September 29, 1941, International Union, United Electrical, Radio and Machine Workers of - America, Local 801, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Ninth Region (Cincinnati, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of General Motors Corporation, Frigidaire Division (Ordnance Plant), Dayton, Ohio, herein called the Company, en- gaged in the manufacture of machine guns at Dayton, Ohio, 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 October 22, 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 Rela- tions 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 October-20, 1941, the Company, the Union, -and the Regional Director 36 N. L. R. B., No. 256. 1266 - GENERAL MOTORS CORPORATION , 1267 for the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election, by secret ballot' was conducted on November 6 and 7, 1941, under the direction and super- vision of the Regional Director among all production and, mainte- nance employees, mechanical employees in the engineering depart- ment shops, employees in service department shops, tool and die makers, and inspectors, 'excluding the factory manager, assistant factory manager, superintendents, assistant superintendents, super- visors, foremen, dispatchers, timekeepers, plant protective employees, cafeteria employees, stock chasers, cooperative school students, ap prentices 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 relations departments, to determine whether or not said employees desired to be represented by the Union for the purposes of collective bargaining. On Novem^ her 8, 1941, the Regional Director issued and duly served upon the parties his Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by either of the parties. - As to the balloting and its results, the Regional Director reported as follows : Number of alleged eligible voters__________________________ 2,11Â° Number of ballots placed in ballot boxes____________________ 1,805 Number of unchallenged ballots for International Union, United Electrical, Radio and Machine Workers of America, Local 801, C. I. O.____________________________________ 1,306 Number of unchallenged ballots against International Union, United Electrical, Radio and Machine Workers of America, Local 801, C. I 0 ------------------------------------ 476 Number of challenged ballots______________________________ 3 Number of blank ballots___________________________________ 17 Number of spoiled ballots_________________________________ 6 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 employees of General Motors Corporation, Frigidaire Division (Ordnance Plant); Dayton, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees, mechanical em- ployees in the engineering department shops, employees in service department shops, tool and die makers, and inspectors, excluding the 1268 DECISIONS, OFNATIONAL LABOR, RELATIONS BOARD factory manager, assistant factory manager, superintendents, assist= ant superintendents, supervisors, foremen, dispatchers, timekeepers, plant protective employees, cafeteria employees, stock chasers, co- operative 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, and employees of the, personnel and industrial relations departments, constitute a unit appropriate for the purposes of collective bargaining' within that meaning of-Section 9 (b) of the Act. 3. International Union, United Electrical, Radio and Machine Workers of America, Local 801, affiliated with the C. I. 0., has been designated and selected by a majority of the employees in the above-described unit as their representative for the, purposes of collective bargaining and is the exclusive representative of all the employees in the said unit within the meaning of Section 9 (a) of the 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 International Union, United' Electrical; Radio and Machine Workers of America, Local 801, affiliated with the C. I. O.,-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, excluding the factory manager, assistant factory, ,manager, superintendents, assistant super- intendents,, supervisors, foremen, dispatchers, timekeepers, plant pro- tective employees, cafeteria employees, 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, and employees of the personnel and indus- trial relations departments, as their representative for the purposes of collective 'bargaining,* and that pursuant to the provisions of Section 9 (a) of the Act, International Union, United Electrical, Radio and Machine Workers of America, Local 801, 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.