General Motors Corp.

National Labor Relations Board - Board Decisions

Nov 29, 1941

37 N.L.R.B. 179 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS CORPORATION BROWN-LIPS -CHAPIN
DIVISION and INTERNATIONAL UNION, AUTOMOBILE WORKERS, AIR-
CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-
CIO)
Case No. R-3258.-Decided November 09'.1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Henry J. Winters, for the Board.
Mr. H. M. Hogan, M11r. A. F. Power, Mr. Denton Jolly, and Mr.
R. C. Carson, of Syracuse, N. Y., for the Company.
Mr. Willard S. Rittenberry, of Syracuse, N. Y., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 25, 1941, International Union, Automobile Workers,
Aircraft and Agricultural Implement Workers of America (UAW-
CIO), herein called the Union, filed with the Regional Director for
the Third Region (Buffalo, New York) a petition,' and on October 6,
1941, an amended petition, alleging that a question affecting com-
merce had arisen concerning the representation of employees, of Gen-
eral Motors Corporation, Brown-Lipe-Chapin Division, Syracuse,
New York, herein called the Company, engaged in manufacturing
various types and kinds of automobile lights, fog lights, bumper
guards, other automobile accessories, and the various component
parts thereof, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On September 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 Relations Board Rules and Regulations-Series 2,
3 The original petition was filed by the Union under the name of International Union,
United Automobile Workers of America, C. I. 0., Local Union #854.
37 N. L. R. B , No. 24.
179
180 DECISIONS OF NATIONAL LABOR RELATIONS- BOARD
as amended, ordered an investigation and -authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On September 26, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. On October 6, 1941, the Company, the Union, and the
Regional Director entered into a "STIPULATION FOR CERTIFICATION OF
REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on October 17, 1941, under the direction and supervision of
the Regional Director, among all production and maintenance em-
ployees and mechanical employees in engineering department shops
of General Motors Corporation, Brown-Lipe-Chapin Division, Syra-
cuse, New York, excluding direct representatives of the management,
such as officers and directors of the Company, sales managers and
assistant sales managers, factory managers and assistant factory
managers, directors and employees of sales, accounting, personnel,
and industrial relations departments, directors of purchases and
assistant directors of purchases, superintendents and assistant super-
intendents, 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 and plaster modelers (but not those who make pat-
terns), timekeepers, technical school students, indentured appren-
tices, and those technical or professional employees who are receiving
special training, and kitchen and cafeteria help, to determine whether
or not said employees desired to be represented by the Union for the
purposes of collective bargaining. On October 20, 1941, the Regional
Director issued his Election Report, which was duly served upon the
parties. On October 29, 1941, ballots returned by eligible voters in
the military service were counted. On October 30, 1941, the Regional
Director issued his Supplementary Election Report, which was duly
served upon the parties. No objections to the conduct of the ballot
or to the Election Report or to the Supplementary Election Report
have been filed by either of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
GENERAL MOTORS CORPORATION 181
Total on eligibility list- ------------------------------------ 1537
Total ballots cast------------------------------------------ 1422
Total ballots challenged ------------------------------------ 18
Total blank ballots - ------- -------------------------------- 6
Total void ballots----------------------------------------- 0
Total valid votes cast-------------------------------------- 1398
Votes cast for International Union, Automobile Workers, Air-
craft and Agricultural Implement Workers of America
(UAW-CIO) ------------------------------------ --------- 1041
Votes cast against International Union, Automobile Workers,`
Aircraft and Agricultural Implement Workers of America
(UAW-CIO)--------------------------------------------- 357
Upon the basis of the stipulation, the Election Report, the Supple-
mentary 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 Corppration , Brown-Lipe-
Chapin Division , Syracuse , New York, within the meaning of Sec-
tion 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 General Motors Corpora-
tion, Brown-Lipe-Chapin Division , Syracuse , New York, excluding
direct representatives of the management , such as officers and directors
of the Company , sales managers and assistant sales managers, factory
managers and assistant factory managers , directors and employees of
sales, accounting , personnel , and industrial relations departments,
directors of purchases and assistant directors of purchases , superin-
tendents 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 and plaster modelers (but not those who make
patterns ), timekeepers , technical school students , indentured appren-
tices, and those technical or professional employees who are receiving
special training, and kitchen and cafeteria help, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
433257-42-vOL i7--73
182 DECISIONS OF NATIONAL LABOR RELATIONS! BOARD
3. International Union, Automobile Workers, Aircraft and Agri-
cultural Implement Workers of America (UAW-CIO) has been desig-
nated 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, Automobile
Workers, Aircraft and Agricultural Implement Workers of Amer-
ica (UAW-CIO), has been designated and selected by a ma-
jority of all production and maintenance employees and mechan-
ical employees in engineering department shops of General Motors
Corporation, Brown-Lipe-Chapin Division, Syracuse, New York, ex-
cluding direct representatives of the management, such as officers and
directors of the Company, sales managers and assistant sales man-
agers, factory managers and assistant factory managers, directors and
employees of sales, accounting, personnel, and 'industrial relations de-
partments, directors of purchases and assistant directors of purchases,
superintendents and assistant superintendents, general foremen, fore-
men and assistant foremen, and all other persons working in a super-
visory capacity, including those having the right to hire or discharge
and those whose duties include recommendation as to hiring or dis-
charging (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 plan-
ning engineers, draftsmen and detailers, physicists, chemists, metal-
lurgists, artists, designer-artists and clay and plaster modelers (but
not those who make patterns), timekeepers, technical school students,
indentured, apprentices, and those technical or professional employees
who are receiving special training, and kitchen and cafeteria help,
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, Automobile Workers, Aircraft and Agricultural
Implement Workers of America (UAAW-CIO), is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, .wages, hours of employment, and
other conditions of employment.