General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 25, 1942

41 N.L.R.B. 1274 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, FISHER BODY DIVI-
SION (FISHER AIRCRAFT-MEMPHIS) and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, AFFILIATED WITH C. I. O.
Case No. R-3936.-Decided June ^?5, 194
Investigation and Certification of Representatives : stipulation for certification
on consent election.
Mr. Henry M. Hogan and Mr. Denton Jolly, of Detroit, Mich.,
for the Company.
- Mr. Maurice Sugar and Mr. N. L. Smokier, of Detroit, Mich., for
the Union.
. Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, affil-
iated with the Congress of Industrial Organizations, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of General Motors Corpora-
tion, Fisher Body Division (Fisher Aircraft-Memphis), herein called
the Company, engaged in Memphis, Tennessee, in the manufacture of
airplanes, the National Labor Relations Board provided for an appro-
priate hearing upon due notice. In May 1942,1 before a hearing was
held, the Company, the Union, and the Regional Director for the
Fifteenth Region (New Orleans, Louisiana) entered into a "STIPU-
LATION FOR CERTIFICATION ON CONSENT ELECTION."
Pursuant to the stipulation an election by secret ballot was con-
ducted on May 27, 1942, under the direction and supervision of the
Regional Director among all production and maintenance employees,
and mechanical employees in engineering department shops of the
The stipulation was signed by the Company and the Union in Detroit, Michigan, on
May 4, 1942; and by the Regional Director in Memphis, Tennessee, on May 7, 1942.
41 N L. R. B, No. 237.
1274
GENERAL MOTORS CORPORATION 1275
Fisher Body Division (Fisher Aircraft-Memphis), excluding, how-
ever, direct representatives of Management, such as officers and direc-
tors of the Corporation, employees of sales, accounting, personnel and
industrial relations departments, superintendents and assistant super-
intendents, 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), super-
visor quality inspectors, 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 plaster modelers, time-
keepers, technical school students, indentured apprentices, and those
technical or professional employees who are receiving training,
kitchen and cafeteria help, to determine whether or not they desired
to be represented by the Union. On June 2, 1942, the Regional
Director issued and duly served upon the parties an Election Report
on the ballot. No objections to the conduct of the ballot or the Elec-
tion Report had been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list___________________________________ 2, 296
Total ballots cast_ _______________________________________ 1,880
Total ballots challenged __________________________________ 63
Total blank ballots____________________,___________________ 4
Total void ballots ________________________________________ 6
Total valid votes counted________________________________,_
Votes cast for International Union, United Automobile,
1,807
Aircraft & Agricultural Implement Workers of America,
affiliated with C. I. 0___________________________________ 1, 358
Votes cast against International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America,
affiliated with C. I. O___________________________________ 449
Upon the basis of the Stipulation, the Election Report, and the
entire record in this 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, Fisher Body
Division (Fisher Aircraft-Memphis), Memphis, Tennessee, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
1276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- 2. All production and maintenance employees, and mechanical= em-
ployees in engineering department shops of the Fisher Body Di-
vision (Fisher Aircraft-Memphis), excluding, however, direct repre-
sentatives of Management, such as officers and directors of the Corpo-
ration, employees of. sales, accounting, personnel and industrial rela-
tions 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), supervisor quality
inspectors, 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 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, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
3. International Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, has been designated and selected by a
majority of employees in the above unit as their representative for
the purposes of collective bargaining and is the exclusive repre-
sentative of all employees in 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 Automo-
bile, Aircraft and Agricultural Implement Workers of America,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of all production and mainte-
nance employees, and mechanical employees in engineering depart-
ment shops of the Fisher Body Division (Fisher'Aircraft-Memphis),
excluding, however, direct representatives of Management, such as
officers and directors of the Corporation, employees of sales, account-
ing, personnel and industrial relations departments, superintendents
and assistant superintendents, general foremen, foremen and assistant
foremen, -and all other persons, working in a supervisory capacity
GENERAL MOTORS CORPORATION 1277
including those having the right to hire or discharge and those whose
duties include recommendation as to hiring or discharging (but not
leaders), supervisor quality inspectors, and those employees whose
work is of a confidential nature, time study men, plant protection
employees (but not to include maintenance patrolmen or fire patrol-
men), all clerical employees, chief engineers and shift operating engi-
neers in power plants, designing (d'rawing board), production,
estimating and planning engineers, draftsmen and detailers, phys-
icists, chemists, metallurgists, artists, designer-artists and clay plaster
modelers, timekeepers, technical school students, indentured appren-
tices, and those technical or professional employees who are receiving
training, kitchen and cafeteria help, as their representative for the
purposes of collective bargaining and that pursuant to Section 9 (a)
of the Act, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, 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.