General Motors Corp.

National Labor Relations Board - Board Decisions

Aug 17, 1942

43 N.L.R.B. 292 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS CORPORATION , FISHER BODY DIVI-
SION, GRAND BLANC TANK PLANT and INTER- NATIONAL UNION, UNITED
'AUTOMOBILE ` CRIERS OF AMERICA, A. F. L. (U. A. W.-A. F. L.)
Case No. R-411,36.-Decided August 17, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Frank H. Bowen, for, the Board.
Mr. Henry M. Mogan and Mr. Denton Jolly, of Detroit, Mich., for
the Company.
dlr. Howard Thompson, of Detroit, Mich., for the U. A. W.-A. F. L.
dlr. Carl A. Swanson, of Detroit, Mich;, for the U. A. W.-C. I. O.
Cllr. Louis Cokin, of counsel to the^Board. -
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile Workers of-America, A. F. L., herein called the U. A. W.-A. F. L.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of General Motors Corporation, Fisher
Body Division, Grand Blanc Tank Plant, herein called the Company,
engaged at Grand Blanc, Michigan, in the manufacture of tanks, the'
National Labor Relations Board provided for an appropriate hearing
upon due notice. On July 23, 1942, before a hearing was held, the
Company, the' U. A. W.-A. F L., International Union, United .Auto-
mobile, Aircraft & Agricultural Implement Workers of America, C. I.
0., herein called the U. A. W.-C. I. 0., and the Regional Director for
the Seventh Region (Detroit, Michigan) entered into a "STIPULATION
FOR CERTIFICATION OF REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on July 31, •1942, under the direction and supervision of the
Regional Director, among all production and maintenance employees
and mechanical employees in the engineering department shops at the
Grand Blanc Tank plant of the Company, excluding, employees of
43 N. L. R. B., No. 41.
292
GENERAL 'MOTORS CORPORATION 293
sales, accounting, personnel and industrial relations departments,-, su-
perintendents 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 recommendations as to hiring or discharg-
ing (but not leaders), and those employees whose work is of a confi-
dential 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 del ailers, physicists, chemists, metallurgists,
artists, designer-artists and clay plaster modelers, timekeepers, techni-
O
cal school students, indentured apprentices, those, technical or profes-,
sional employees who are receiving training, and kitchen and cafeteria
help, to determine whether they desired to be represented by the
U. A. W.-A. F. L., or by the U. A. W.-C. I. 0., for the, pi rposes of
collective bargaining; or by neither. On August 3, 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 Election
Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list ------------------------------------ 1247
Total ballots cast------------------------------------------- 1164
Total ballots challenged-_________________------------------- --------------- 2
Total blank ballots ---------------------------- ----------- - 0
Total void ballots--------------'--------------------------- - 4
Total valid votes cast ------------------------------------- 1158
Votes cast for INTERNATIONAL UNION, UNITED ATiToI.1 BrLE,
AIRCRAI-r & AGRICULTURAL. IMPLEMENT `VORKERs OF, AMERICA,
C I. 0 (U A W.-C. I 0. --------------------------------
1001
Votes cast for INTERNATIONAL UNION, UNITED AUTOMOBILE - '
WOEKEBs Or AMERICA, A F. L. (U. A. W -A. F. L , Local 800) 146
Votes cast for neither------------------------------------- 11'
Upon the basis of the stipulation, the Election Report, and the entire
record in the ease, 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, Grand Blanc Tank Plant, Grand Blanc, Michigan, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All production and maintenance employees and mechanical em-
ployees in the engineering department shops at the Grand Blanc
I
294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'Tank-plant of the Company, excluding employees of sales, accounting,
personnel and industrial relations departments, superintendents and
assistant superintendents, general foremen, foremen and assistant
foremen', and all other persons working in a supervisory capacity, in-
cluding those having the right to hire or discharge and those whose
luties'include recommendations 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 main-
tenance 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 plaster modeler, timekeepers, technical
school students, indentured apprentices, those technical or professional
employees who are receiving training, and kitchen and cafeteria 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 & Agricul-
tural Implement Workers of America, affiliated with the Congress of
Industrial Organizations, 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, witlipn 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 & Agricultural Implement Workers of America, afil-
iated with the Congress 'of Industrial Organizations, has been desig-
nated and selected by a majority of all production and maintenance
employees and mechanical employees in the engineering department
shops, at the Grand Blanc Tank plant of the Company, excluding
employees of sales, accounting, personnel and industrial relations de-
partments, superintendents, and assistant superintendents, general
foremen, foremen and assistant foremen, and all other persons work-
ing in a supervisory capacity, including those having the right to hire
or discharge and those whose. duties include recommendations 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 patrol-
men), all clerical employees, chief engineers and shift operating
engineers in power plants, designing (drawing board), production,
GENERAL MOTORS CORPORATION 295
estimating, and planning engineers,. draftsmen and detailers, physi-
cists, chemists, metallurgists, artists, designer-artists and clay plaster
modelers, timekeepers, technical school students, indentured appren-
tices, those technical or professional employees who are receiving
training,, and 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
& Agricultural Implement Workers bf America, affiliated with the
Congress. of Industrial Organizations,-is the exclusive representative
of all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of employment, and other conditions
of employment.
1