General Motors Corp.

National Labor Relations Board - Board Decisions

Jun 1, 1942

41 N.L.R.B. 605 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION, DELCO PRODUCTS
DIVISION and UNITED ELECTRICAL, RADIO & MACHINE W011KERS OF
AMERICA, LOCAL 755, AFFILIATED WITH C. I. O.
Case No. R 3863. Dec?,c ^d June 1, 1949
.knvestigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Philip G. Phillips, for the Board,
-Mr. Henry M. Hogana nd:Mr. Denton Jolly, of Detroit , Mich., fot
the Company.
Mr. Arthur Garfield, of Dayton, Ohio, for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION,
AND ,
CERTIFICATION.,QF REPRESENTATIVES
STATEMENtT OF, THE CASE
On February 7, 1942, United Electrical, Radio & Machine Workers
of America, Local 755, Affiliated with C. I. 0., herein called the
Union, filed with the Regional Director for the Ninth Region (Cin-
cinnati, Ohio) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of General
Motors Corporation, Delco Products Division, Dayton, Ohio, herein
called the Company, engaged in the manufacture of electric motors,
automobile shock absorbers, airplane struts, and miscellaneous defense
products, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act,. 49 Stat. 449, herein called" the', Act. On April 20, 1942, 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 April 22, 1942, the Board acting pursuant to
Article III, Section 10 (c) (2) of National Labor Relations Board
41 N. L. R. B., No. 119.
605
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Rules and Regulations-Series 2, as amended, ordered that this case
(IX-708) be consolidated with a case bearing the same title (IX--707).
On April 23, 1942, the Board acting pursuant to Section 9 (c) of the
Act, issued a notice of hearing, copies of which notice were duly
served-upon the parties. On May,1, 1942, the Company, the Union,
and the Regional Director entered into a "STIPULATION FOR CERTIFI-
CATION OF REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on May 14, 1942, under the direction and supervision of the
Regional Director among the following employees to determine
whether or iiot'tliey desir'elto be represented by the Union : all hourly
paid group leaders, exclusive of the factory manager, assistant fac-
tory manager, superintendents; general- foremen, assistant foremen,
job foremen, chief dispatcher, assistant chief dispatcher and dispatch-
ers, timekeepers, plant protection employees, clerical employees,'chief
inspector and assistant' chief, inspector, salaried employees, garage
attendants, cooperative 'school students, technical'school students, em-
ployees of the Personnel and Industrial Relations Department, and
all wood pattern makers and,irie'ta'l 'pattern makers working on bench
or machine, pattern checkers, and the apprentices of these classifica-
tions. On My 16,19j2, the Regional Director issued and- duly served
upon the parties his. Election Report. 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:-----_-___ ---------------- 190
Total ballots cast :-------_-- -------------- ---------------- - ---
Total ballots challenged_______ _________________________
Total blank ballots_______________________________________
Total void ballots________________________________________
120
2
0
2
Total ballots counted ----------- --------------------------- 116
Votes cast for United Electrical, Radio & Machine Workers
of America, Local 755; affiliated' with C. I. 0______________ 92.
Votes cast against United Electrical, Radio & Machine Work-
ers of America, Local 755, affiliated with C. I. 0----------- 24,
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, Delco Prod-
ucts Division, Dayton, Ohio, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
GENERAL MOTORS CORPORATION 607
2. All hourly paid group leaders, exclusive of factory manager,
assistant factory manager, superintendents, general foremen, assistant
foremen, job foremen, chief dispatcher, assistant chief dispatcher and
dispatchers, timekeepers, plant protection employees, clerical em-
ployees, chief inspector and assistant chief inspector, salaried em-
ployees, garage attendants, cooperative school students, technical
school students, employees of the Personel and Industrial Relations.
Department, and all wood pattern makers and metal pattern makers
working on bench or machine, pattern checkers, and the apprentices
of these classifications, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. United Electrical, Radio & Machine Workers of America, Local
755, affiliated with C. I. O:, 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 repre-
sentative of.all 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 CERTLFIED, that United Electrical, Radio & Machine
Workers of America, Local 755, affiliated with C. I. 0., has been
designated and selected- by a majority of all hourly paid group lead-
ers employeed by General Motors Corporation, Delco Products -Di-
vision, exclusive of the factory manager, assistant factory manager,
superintendents, general foremen, 'assistant, foremen, job foremen,
chief dispatcher, assistant chief dispatcher and dispatchers, time-
keepers, plant protection employees, clerical employees, chief inspec-
tor and assistant chief inspector, salaried employees, garage attend-
ants, cooperative school students, technical school students, employees
of the Personnel and Industrial Relations Department, and all wood
pattern makers and metal pattern makers working on bench or ma-
chine, pattern checkers, and the apprentices of these classifications,.
as their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, United
Electrical, Radio & Machine Workers of America, Local 765, Affiliated
with 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.