General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Aug 27, 1941

35 N.L.R.B. 14 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS SALES CORPORATION, GENERAL
MOTOR PARTS DIVISION ( PORTLAND WAREHOUSE ) 1 and GARAGE &
SERVICE STATION EMPLOYEES No. 255, AFFILIATED WITH A. F. OF L.
Case No. R-2879.-Decided August 27, 1941
Investigation, and Certification of Representatives : stipulation , for Certification
of Representatives upon consent election.
Mr. Thomas P. Graham, Jr., for the Board.
Dry, Hampson c Nelson, by Mr. R. R. Morris, of Portland, Oreg.,
for the Company.
Mr. G. L. Vance, and Mr. R. L. Hudson, of Portland, Oreg., for
the Union.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 18, 1941, Garage & Service Station Employees No. 255,
affiliated with A. F. of L., herein called the Union, filed with the
Regional Director for the Nineteenth Region (Seattle, Washington)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of General Motors Sales Cor-
poration, General Motors Parts Division (Portland Warehouse),
herein called the Company, engaged in the business of buying, selling,
and distributing at Portland, Oregon, the products manufactured
and produced by its affiliate, General Motors Corporation,' and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On July 25, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Sec-
tion 9 (c) of the Act, and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, ordered
'Incorrectly designated in the petition and In the order directing investigation and
hearing as General Motors Corporation , Chevrolet Division.
3 General Motors Corporation ' s products include automobiles , automobile parts and acces-
sories, and related articles.
35 N. L . R. B., No. 4.
14
GENERAL MOTORS SALES` CORPORATION 15
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. On
July 19,'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 July 31, 1941, under the direction and supervision of the
Regional Director among the following employees to determine
whether or not they desired to be represented by the Union : all
employees in the Parts Stock Department at the Portland Ware-
house, including stock pickers, stock handlers, shipping checkers,
stockroom clerk, receiving checkers, accessory storekeeper and eleva-
tor operator,, and janitors and maintenance men, and excluding
stock-department manager, foremen, assistant foremen, stockroom
supervisor, and all other persons working in a supervisory capacity,
watchmen, 'office and clerical employees, and generally those em-
ployees having power to hire and fire or to recommend hiring and
firing.
On August 2, 1941, the Regional Director issued and duly served
upon the parties his 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 :
Total on eligibility list--------------------------------------- 30
Total ballots cast-------------------------------------------- 29
Total votes cast in favor of Garage and Service Station Em-
ployees, No. 255, affiliated with A. F. of L-------------------- 23
Total votes cast against Garage and Service Station Employees,
No. 255, affiliated with A. F. of L-------------------------- 6
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 Sales Corporation, General
Motors Parts Division (Portland Warehouse), Portland, Oregon,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All employees in the Parts Stock Department at the Portland
Warehouse, Portland, Oregon, including stock pickers, stock handlers,
shipping checkers, stockroom clerk, receiving checkers, accessory
storekeeper and elevator operator, and janitors and maintenance men,
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and excluding stock-department manager, foremen, assistant foremen,
stockroom supervisor, and all other persons working in a super-
visory capacity, watchmen, office and clerical employees, and generally
those employees having power to hire and fire or to recommend
hiring and firing, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Garage & Service Station Employees, No. 255, affiliated with
A. F. of L., 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
Relations Act,
IT IS HEREBY CERTIFIED that Garage & Service Station Employees,
No. 255, affiliated with A. F. of L., has been designated and selected
by a majority of the employees in the Parts Stock Department at
the Portland Warehouse, Portland, Oregon, including stock pickers,
stock handlers, shipping checkers, stockroom clerk, receiving checkers,
accessory storekeeper and elevator operator, and janitors and main-
tenance men, and excluding stock-department manager, foremen,
assistant foremen, stockroom supervisor, and all other persons work-
ing in a supervisory capacity, watchmen, office and clerical em-
ployees, and generally those employees having power to hire and
fire or to recommend hiring and firing, as their representative for
the purposes of collective bargaining, and that, pursuant to the pro-
visions of Section 9 (a) of the Act, Garage & Service Station Em-
ployees, No. 255, affiliated with A. F. of L., is the exclusive represent-
ative of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment.