General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Aug 18, 1941

34 N.L.R.B. 428 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS SALES CORPORATION, PONTIAC MOTOR
DIVISION, PONTIAC RETAIL STORE afd'INTERNATIONAL UNION, UNITED
AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-2841.-Decided August 18, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. F. H. McKeon, for the Board.
Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and Mr. Rob-
ert Carson, of Detroit, Mich., for the Company.
Mr. James Lucas, of Pontiac, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 20, 1941, International Union, United Automobile Work-
ers of America, affiliated with the Congress of Industrial Organiza-
tions, herein called the Union, filed with the Regional Director for the
Seventh Region (Detroit, Michigan) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of General Motors Sales Corporation, Pontiac Motor Divi-
sion, herein called the Company, which maintains a retail store, garage,
two used-car lots at Pontiac, Michigan, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On July 1, 1941, the Company, the Union, and a Field Examiner of
the Board entered into a "STIPULATION FOR CERTIFICATION
OF REPRESENTATIVES UPON CONSENT ELECTION." On
July 7, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act, and Article III,
Section 9, 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.
34 N. L. R. B., No. 63.
428
GENERAL MOTORS ISALEISI CORPORATION 429
Pursuant to the' Stipulation, elections by secret ballot were con-
ducted on July 17, 1941, under the direction and supervision of the
Regional Director, among (1) all mechanics, bumpers, painters, trim-
mers, greasers, washers, service salesmen, drivers, and porters at the
Pontiac Retail Store of the Company, excluding all supervisory em-
ployees, general manager, sales manager, service manager, parts
manager, assistant parts manager, office employees, clerical employees,
foremen, assistant foremen, superintendents, watchmen, indentured
apprentices, employees receiving special training, and cooperative
school students to determine whether or not said employees desire to
be represented by the Union, and (2) among all automobile salesmen
at the Pontiac Retail Store of the Company, excluding all supervisory
employees, general manager, sales manager, service manager, parts
manager, assistant parts manager, office employees, clerical employees,
foremen and assistant foremen, superintendents, watchmen, inden-
tured apprentices, employees receiving special training, and coopera-
tive school attendants, to determine whether or not said employees
desire to be represented by the Union. On July 22, 1941, the Re-
gional 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.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Mechanics
Total on eligibility list-------------------------------------------------- 34
Total ballots cast------------------------------------------------------ 33
Total ballots challenged------------------------------------------------- 0
Total blank ballots---- ------------------------------------------------- 0
Total void ballots------------------------------------------------------ 0
Total valid votes cast---- ----------------------------------------------- 33
Votes cast for International Union, United Automobile Workers of America,
affiliated with the C. I. 0---------------------------------------------- 22
Votes cast against International Union, United Automobile Workers of
America, affiliated with C. I. 0----------------------------------------- 11
Salesmen
Total on eligibility list -------------------------------------------------- 18
Total ballots cast------------------------------------------------------ 17
Total ballots challenged------------------------------------------------- 0
Total blank ballots--- -------------------------------------------------- 0
Total void ballots------------------------------------------------------- 0
Total valid votes cast-------------------------------------------------- 17
Votes cast for International Union, United Automobile Workers of America,
affiliated with the C. I. 0---------------------------------------------- 7
Votes cast against International Union, United Automobile Workers of
America, affiliated with the C. I. 0------------------------------------- 10
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On 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
representation of employees of General Motors Sales Corporation,
Pontiac, Michigan, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All mechanics, bumpers, painters, trimmers, greasers, washers,
ervice salesmen, drivers, and porters at the Pontiac Retail Store of
the Company, excluding all supervisory employees, general manager,
sales manager, service manager, parts manager, assistant parts man-
ager, office employees, clerical employees, foremen and assistant fore-
men, superintendents, watchmen, indentured apprentices, employees
receiving special training, cooperative school students, and automo-
bile salesmen, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. International Union, United Automobile 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 representative 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 CERTIFIED that International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, has been designated and selected by a majority of all
mechanics, bumpers, painters, trimmers, greasers, washers, service
salesmen, drivers, and porters at the Pontiac Retail Store of General
Motors Sales Corporation, Pontiac Motor Division, Pontiac, Michigan,
excluding all supervisory employees, general manager, sales manager,
service manager, parts manager, assistant parts manager, office em-
ployees, clerical. employees, foremen and assistant foremen, superin-
tendents, watchmen, indentured apprentices, employees receiving spe-
cial training, cooperative school students, and automobile salesmen
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, International Union,
United Automobile Workers of America, affiliated with the Congress
GENERAL MOTORS SALE 'S CORPORATION 431
of Industrial Organizations, is the exclusive representative of all such
employees in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
Mr. EDWIN S. SMITH took no part in the consideration of the above
Decision and Certification of Representatives.