General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Aug 20, 1940

26 N.L.R.B. 867 (N.L.R.B. 1940)

In the Matter of GENERAL MOTORS SALES CORPORATION and INTER-
NATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA,
AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1969.-Decided' August 20, 1940
Jurisdiction : automobile accessories and parts selling, distributing, and servicing
industry.
Investigation and Certification of Representatives : existence of question where
employer refuses to accord full recognition to union; election necessary.
Unit Appropriate for Collective Bargaining : hourly paid employees who are on
the pay roll of the Company, excluding clerical and supervisory employees.
Mr. Henry M. Hogan, of New York City, for the Company.
Liebman, Robbins, Pressman c Leider, by Mr. Harold I. Cammer,
of New York City, for the Union.'
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 19, 1940, International Union, United Automobile Workers
of America, affiliated with the Congress of Industrial Organizations,
herein called the Union, filed with the Regional Director for the Sec-
ond Region (New York City), a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of General Motors Sales Corporation,'Bloomfield, New Jersey,
herein called the Company, and requesting an investigation and certifi-
cation of representatives pursuant to Section 9 (c) of the' National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July 6,
1940, the Union filed an amended petition with the Regional Director.
On July 22, 1940, 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 Regu-
lations-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.
On July 23, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on July 31, 1940, at New York
26 N. L. R. B., No. 91. *
867
868 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
City, before Shad Polier, the Trial Examiner duly designated by the
Board. The Company and the Union were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was, afforded all' parties. During the course of the
hearing the Trial Examiner-made several rulings on motions. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Motors Sales Corporation, a Delaware corporation with its
principal office in Detroit, Michigan, is engaged in the sale, distribu-
tion, and servicing of various products, including automobile accesso-
ries ' and parts, manufactured by General Motors Corporation. It has
13 principal divisions, one of which' is known as the Parts Division.
In connection with its Parts Division, the Company operates at
Bloomfield, New Jersey, a branch referred to as the Bloomfield Ware-
house, where it engages in the business of selling and distributing
automobile accessories and. selling, distributing, and finishing automo-
bile parts. It is this warehouse with which we are presently concerned.
During 1939 the Company obtained from outside the State of New
Jersey approximately 91 per cent of the automobile parts and acces-
sories which it sold. 'During the, same period the Company sold, dis-
tributed, and finished at the BloomfieldWarehouse $2,280,073 worth
of automobile - accessories and parts, approximately 44 per cent of
which were shipped to customers outside the State of New Jersey.
During that period, the Bloomfield Warehouse, functioning as a master
distributing point; shipped approximately $3,695,278 worth of auto-
mobile accessories and parts to warehouses and parts depots located
outside the State of New Jersey:!
. ^ The Company concedes that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
- , International Union, United Automobile Workers of America,
is a labor organization affiliated with the • Congress- of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTIONCONCERNING REPRESENTATION
On or before May, 20, 1940, the Union, requested the' Company to
recognize it as the exclusive bargaining agent for its employees. The
Company refused this request because it doubted whether, the Union
represented a majority of its employees.
GENERAL MOTORS' SALES CORPORATION 869
There was introduced in evidence a statement by the Regional
Director concerning application cards submitted by the Union in
support of its claim of representation. This statement indicates
that the Union represents a substantial number of the Company's
employees.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union and the Company agreed that the appropriate unit
should consist of all hourly paid employees at the Bloomfield, New
Jersey, plant- of the Company who are on the pay roll of the Com-
pany, excluding clerical and supervisory employees. We see no
reason for departing from such unit.
We find that the hourly paid employees of the Company at its
Bloomfield Warehouse who are on the pay roll of the Company,
exclusive of clerical and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining, and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by holding, an election by secret ballot.
The Company and the Union agreed that a current pay roll shall
be used to determine those eligible to vote. The, persons eligible
to participate in the election shall be the, employees in the appropri-
ate unit.who were employed by the Company at its Bloomfield Ware-
house during the pay-roll period next preceding this Direction, in-
cluding 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 temporarily laid off, but excluding those who
have since quit or been discharged for cause.
The Union requested that its name appear upon the ballot as
U. A. W. A. (C. I. 0.) Local 713. We shall direct that it so appear.
323429-42-56
870 DECISIONS , OF NATIONAL LABOR , RELATIONS BOARD
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of General Motors Sales Corporation, Bloom-
field, New Jersey, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. The hourly paid employees at the Bloomfield Warehouse of the
Company who are on the pay roll of the Company, excluding clerical
and supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the National Labor Relations Act.
DIRECTION OF ELECTION
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 , and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby V '
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with General Motors Sales Corporation , Bloomfield, New Jersey, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Sec-
ond Region , acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations , among all hourly paid employees of the Company
at its Bloomfield Warehouse who are on the pay roll of the Company,
who were employed by the Company during the pay-roll period
next preceding the date of this direction , including ' 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 tem-
porarily laid off, but excluding clerical Vand supervisory employees,
and employees who have since quit or been discharged for cause, to
determine whether or not they desire .to be represented by U. A. W. A.
(C. I. 0.) Local 713 for the purposes of collective bargaining.