General Motors Sales Corp.

National Labor Relations Board - Board DecisionsJul 31, 1940

25 N.L.R.B. 1122 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS SALES CORPORATION, FRIGIDAIRE DIVISION and ENTERPRISE ASSOCIATION OF STEAM, HOT WATER, HYDRAULIC, PIPING, SPRINKLER, PNEUMATIC TUBE, ICE MACHINE, AIR CONDITIONING, AND GENERAL PIPEFIT7TERS OF NEW YORK AND VICINITY, LOCAL No. 638, UNITED ASSOCIATION OF JOURNEYMEN, PLUMBERS' AND STEAMFITTERS OF THE UNITED STATES AND CANADA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR, BRANCH C Case No. R-17.415 SUPPLEMENTAL DECISION AND DIRECTION July .'1, 1940 ' On April 17, 1940, the National Labor Relations Board issued a Decision and Direction of,Election in the above-entitled proceedings.' Pursuant to the Direction of Election, an election by secret ballot was conducted on May .2, under the direction and supervision of the Regional Director for the Second Region (New York City). On May 11, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued and duly served upon the partie's an Election Report. As to the balloting and its results, the Regional Director therein reported as follows : Total Number Eligible to Vote---------------------------- - 33 Total Number of Ballots Cast----------------------------- 33 Total Number of Valid Ballots----------------------------- 30 Total Number of Votes in favor of Steamfitters Local 638, Branch C, A. F. of L------------------------------------- 15 Total Number of Votes against afore-mentioned union------- 15 Total Number of Blank Votes------------------ - - --------------- 0 Total Number of Void Ballots----------------------------- 0 Total Number of Challenged Ballots------------------------ 3 The Regional Director stated in her report that the three ballots which were challenged had been cast by one Harry Garbe, one Charles Rettmeier, and one Fred Palmatier, employees of the Company; that the challenge of these ballots had been made by the Union on the 122 N. L. R. B 1036. 25 N. L R B., No. 117 1122 GENERAL MOTORS SALES CORPORATION , 1123 ground that the three employees involved were ineligible to vote in the election under the terms of the Direction of Election. The Re- gional Director recommended that these ballots be found valid by the Board, and so ruled, for the reason that each of the employees involved devoted a substantial portion of his working time, 40 per cent or more, to the same kind of work 'as that engaged in by employees eligible to vote. On May 25 the Union filed Objections to 'the conduct of the ballot and to the Election Report. Therein, it protested the conduct of the election and the results thereof as reported by the Regional Director, stating that the Company by action defined in the National Labor Relations Act as unfair labor practices prevented at and through the election ""a` free and unhampered expression,by the employees . . . as to the collective bargaining agent which they desired to represent them." It also objected to the recommendation and ruling of the Regional Director that the challenged ballots be found valid. On June 24 the Regional Director issued a Report on Objections,- copies of which were duly served on the parties. In respect of the alleged action of the Company which, it was asserted by the Union, prevented a free choice of bargaining representative, the Regional Director in the Report on Objections recommended to the Board (1) that any such action occurring prior to January 18, 1940, be not considered because of the withdrawal on that date by the Union, for purposes of expediting proceedings herein, of a charge against 'the Company filed with the Board involving various alleged unfair labor practices of the Company; and (2) that any such action occurring after that date, notably certain allegedly anti-union statements by company supervisors to employees, which the Company denies having made, be not considered, for various reasons specified in the report. In respect of the objection to the ruling on the three challenged bal- lots, the Regional Director's recommendation and ruling remained as set forth in the Election Report. We approve the Regional Director's findings and recommendations contained in the Report on Objections, and hereby affirm the same. We do not consider the alleged action of the Company occurring prior to January 18, 1940, for the reason already stated by the Regional Director.in the Report on Objections. As to the alleged action of the Company occurring after that date, we are not convinced that under the circumstances adverted to in the Report, such action in fact denied to employees of they Company their freedom to choose a collec- tive bargaining representative. The possibility of such a denial occurring should appear reasonably certain, before a hearing upon objections to an election be directed. ' We also find and conclude, for 1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the reason indicated by the Regional Director, that Garbe, Rettmeier, and Palmatier were eligible to vote in the election. - Acordingly, we hereby overrule the Objections, and each of them, made by the Union to the conduct of the ballot and to the Election Report. Since the results of the election may be affected' by the counting of these ballots, we shall direct that they, be counted. DIRECTION 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, 49 Stat. 449, and pursuant to Article III, Sections 8'and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby 'DIRECTED that, as part of 'tlie investigation directed by the National Labor Relations Board to ascertain representatives for the purposes of collective bargaining with General Motors Sales Corporation at its Frig, idaire Division, New York City, the Regional Director for the Second Region (New York City) shall, pursuant to the Rules and Regulations of the National Labor Relations Board set forth above, subject to Article III, Section 9, of said Rules, within ten (10) days froni-the date of this Direction open and count the ballots of Harry Garbe, Charles Rettmeier, and Fred Palmatier and shall thereafter prepare and cause to be served upon the parties in this case a Supple- mental Election Report embodying her findings therein and her recoiniiiendations as to the results of the secret ballot. MR. WILLIAM M. 'LEISERSON took no part in the consideration of the above Supplemental Decision and Direction.