Yellow Truck & Coach Manufacturing Co.

National Labor Relations Board - Board DecisionsSep 18, 1941

35 N.L.R.B. 515 (N.L.R.B. 1941)

In the Matter of YELLOW TRUCK & COACH MANUFACTURING COMPANY,, GENERAL MOTORS TRUCK & COACH DIVISION and GASOLINE SERVICE, STATION AND WAREHOUSE EMPLOYEES UNION, LOCAL 618 OF THE BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND, HELPERS OF AMERICA Case No. R-2963.-Decided September 18, 1941 Investigation and Certification of Representatives : stipulation for Certification, of Representatives upon consent election. Mr. L. N. D. Wells, Jr., for the Board. Messrs. H. M. Hogan, A. F. Power, Denton Jolly and Robert C, Carson, for the Company. Messrs. Melroy Horn and Edwin D. Dorsey, for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES On August 19, 1941, Gasoline Service Station and Warehouse Em- ployees Union, Local 618 of the Brotherhood of Teamsters, Chauffeurs,, Warehousemen and Helpers of America, affiliated with the A. F. of L., herein called the Union, filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri) a petition, and on August 27, 1941, an amended petition, alleging that a question affecting com- merce had arisen concerning the representation of employees of Yellow Truck & Coach Manufacturing Company, General Motors Truck & Coach Division, St. Louis, Missouri, herein called the Company, engaged in-the business of retailing and wholesaling automotive trucks and truck parts and the service and storage thereof, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called, the Act. On August 25, 1941, the Company, the Union, and the Act- ing Regional Director entered into a "STIPULATION FOR CER- TIFICATION ON CONSENT ELECTION." On August 27, 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, 35 N. L. It. B, No. 117 515 451270-42-vol. 35-34 516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing on due notice. Pursuant to the stipulation, an election by secret ballot was con- ducted on August 28, 1941, under the direction and supervision of the Acting Regional Director, among all employees in the Parts Stock Department of the Company including pickers and packers, stockroom clerks, porters, countermen, stock receivers, stock shippers, and checkers and pickers, but excluding parts manager, assistant parts manager, and all other supervisory employees, office employees, cler- ical employees, employees receiving special training, indentured ap- prentices and all salaried employees, to determine whether or not said employees desired to be represented by the Union.' On August 29, 1941, the Acting 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 Acting Regional Director reported as follows concerning the balloting and its results : (The number of employees who were eligible to vote was 13.) Total number of ballots east------------ ---------------- Number of ballots challenged_____________________________ No ie Number of blank ballots_________________________________ None- Number of void ballots___________________________________ None Total number of ballots counted___________________________ 13 Number of ballots voted "Yes", that is designating Gasoline Station and Warehouse Employees Union, Local 618 of the Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America as representative for the purposes of collective bargaining________________________________ 13 Number of ballots voted "No"______________________________ None 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 Yellow Truck & Coach Manufacturing Company, General Motors Truck & Coach Division, St. Louis, Mis- souri, 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 of the Company including pickers and packers, stockroom clerks, porters, counter- men, stock receivers, stock shippers, and checkers and pickers but excluding parts manager, assistant parts manager, and all other supervisory employees, office employees, clerical employees, employees YELLOW TRUCK & COACH MANUFACTURING COMPANY 517 receiving special training, indentured apprentices and all salaried employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Gasoline Service Station and Warehouse Employees Union, Local 618 of the Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the A. F. of L., has been desig- nated 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 La- bor Relations Board by Section 9 (c) of the National Labor Relations Act, IT IS HEREBY CERTIFIED that Gasoline Service Station and Ware- house Employees Union, Local 618 of the Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the A. F. of L., has been designated and selected by a majority of all employees in the Parts Stock Department of Yellow Truck & Coach Manufacturing Company, General Motors Truck & Coach Division, St. Louis, Missouri, including pickers and packers, stockroom clerks, porters, countermen, stock receivers, stock shippers, and checkers and pickers but excluding parts manager, assistant parts manager, and all other supervisory employees, office employees, clerical em- ployees, employees receiving special training, indentured apprentices and all salaries employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Gasoline Service Station and Warehouse Employees Union, Local 618 of the Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.