General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Nov 13, 1941

36 N.L.R.B. 898 (N.L.R.B. 1941)

In the Matter of GENERAL MOTORS SALES CORPORATION, CADILLAC
MOTOR CAR DIVISION, DETROIT BRANCH SERVICE GARAGE and LOCAL
415, INTERNATIONAL UNION5 UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (U. A. W.-C. I. 0.)
Case No. R-3219.-Decided November 13, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. T. H. McKeon, for the Board.
Mr. Henry M. Hogan, of Detroit, Mich., for the Company.
Mr. Walter Green, of Detroit, Mich., for the Union.
Mr. Milton A. Kallis, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 17, 1941, Local 415, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, affiliated with the C. I. 0., herein called the Union, filed with the
Regional Director for the Seventh Region (Detroit, Michigan) a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of General Motors Sales Corporation,
Cadillac Motor Car Division, Detroit Branch Service Garage, herein
called the Company, engaged in the sale, repair, and maintenance of
motor cars at Detroit, Michigan, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
October 7, 1941, the Company, the Union, and the Regional Director
entered into a "Stipulation For Certification Of Representatives Upon
Consent Election." On October 9, 1941, 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 investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
36 N. L. R. B., No. 183.
898
GENERAL MOTORS SALES CORPORATION 899
Pursuant to the stipulation, an election by secret ballot was con-
ducted on October 16, 1941, under the direction and supervision of
the Regional Director, among all mechanics, parts-department stock-
men, bodymen, porters, painters, car washers and polishers, drivers,
metal bumpers, trimmers, lubricators and greasers, and building-and
equipment maintenance men at the Detroit Branch Service Garage
of the Cadillac Motor Car Division of the General Motors Sales
Corporation, excluding the branch manager, assistant branch man-
ager , sales manager, service manager,. parts manager, used-car
manager, general foremen, assistant foremen, floor supervisor,
salesmen , office employees, clerical employees, employees receiving
special training , indentured apprentices, timekeepers, and work
dispatchers, who were employed during the pay-roll period. in
which September 17, 1941, fell, including those employees who did
not work. during such pay-roll period because they were ill or on
vacation , and employees who were then or have since been tempo-
rarily laid off, but excluding those employees who have since quit or
been discharged for cause, for the purpose of determining whether
or not such employees desire to be represented by the Union for pur-
poses of collective bargaining with the. Company. On October 17,
1941, 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 to 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 eligible to vote________________________________________ 83
Total valid votes cast_______________________________________ 74
Total number of ballots cast for Local 415, International Union,
United Automobile , Aircraft and Agricultural Implement
Workers of America (U. A. W.-C. I. 0.) ------------------ 70
Total number of ballots cast , against Local 415, International
Union, United Automobile , Aircraft and -Agricultural Imple-
ment Workers of America (U. A. W.-C. I. 0.) ------------ 4
Total number of blank ballots _______________________________ 0
Total number of void ballots 0
Total number of challenged ballots ___________________________ 0
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 the Detroit Branch Service Garage, Cadil-
lac Motor Car Division of General Motors Sales Corporation,
Detroit, Michigan, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All mechanics , parts -department stockmen , bodymen, porters,
painters , car washers and polishers , drivers, metal bumpers, trim-
mers, lubricators and greasers , and building and equipment main-
tenance men ,of the Detroit Branch Service Garage, Cadillac Motor
Car Division of General Motors Sales Corporation , Detroit, Michi-
gan, excluding the branch manager, assistant branch manager, sales
manager; = service manager , parts manager ,. used-car manager , general
foremen, assistant foremen, floor supervisor , salesmen, office em-
ployees, clerical employees , employees receiving special training,
indentured apprentices , timekeepers , and work dispatchers , constitute
a unit appropriate for the purposes of collective bargaining , within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. Local 415, International Union, United Automobile , Aircraft
and Agricultural Implement Workers - of America (U. A. W.-
C. I. 0.), has been designated and selected by a majority of the em-
ployees in the above unit and is their representative for the purposes
of collective bargaining, and is the exclusive representative of all
employees in the 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 Local 415, International Union, United
Automobile , Aircraft and Agricultural Implement Workers of
America (U. A. W.-C. I. 0.), has been designated and 'selected by
a majority of all mechanics , parts-department stockmen , bodymen,
porters , painters , car washers and polishers, drivers , metal bumpers,
trimmers , lubricators and greasers, and building and equipment
maintenance men of General Motors Sales Corporation , Cadillac
Motor Car Division , Detroit Branch Service Garage, excluding the
branch manager , assistant branch manager , sales manager , service
manager, parts manager, used -car manager , general foremen-,assistant
foremen , floor supervisor , salesmen , office employees , clerical employ-
ees, employees receiving special training , indentured apprentices, time-
keepers; and work dispatchers , as their representative for the purposes
of collective bargaining, and that, pursuant to the provisions of Sec-
tion 9 (a) of the Act, Local 415, International Union, United Auto-
mobile Aircraft and Agricultural Implement Workers of America
(U. A. W.-C. I. O.), is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.