General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION , BUICK MOTOR Divi- SION, EMPLOYER and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, LOCAL 498, PETITIONER Case No. 17-RC-336.-Decided April 8, 1919 DECISION AND ORDER SETTING ASIDE ELECTION Pursuant to a "Stipulation for Certification upon Consent Election," executed on January 24, 1949, by the Employer 1 and Local 498 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL, herein called the Teamsters, an election by secret ballot was held on January 25, 1949, under the direction and supervision of the Regional Director for the Seventeenth Region. The Teamsters was the only union whose name appeared on the ballot. Upon the conclusion of the election, a Tally of Ballots was furnished the parties in accordance with the Rules and Regulations of the Board. The Tally showed that of the approximately 18 eligible voters, 7 valid votes were cast, one for the Teamsters and 6 against the Teamsters; that 11 were void ballots,2 and none was challenged. The International Union, United Automobile, Aircraft and Agri- cultural Implement Workers of America, herein called the UAW- CIO, on February 1, 1949, filed a document entitled "Objection to Conduct of Election and Motion that International Union UAW-CIO be Certified as Bargaining Agent or Previous Election be Voided and New Board Election Conducted," in which it contended that the "void" ballots should be counted as valid votes and the UAW-CIO certified as the exclusive bargaining representative of the employees 1 This proceeding concerns all warehouse and stockroom employees , receiving and ship- ping clerks, and janitors working at the Employer's plant located at 1401 Fairfax, Kansas City, Kansas. 2 These 11 ballots were deemed void by the Regional Director because in each instance the designation of the Teamsters on the ballot was obliterated or defaced and in substitu- tion thereof was written the words "U. A. W.-C. I. 0." or "CIO". On 10 of these defaced ballots an "x" was marked in the "yes" square. 82 N. L. R. B., No. 110. 928 GENERAL MOTORS CORPORATION 929 in the appropriate unit; and that, in the alternative, the election should be voided and a new election directed with the UAW-CIO on the ballot. The Teamsters and the Employer each filed with the Regional Director documents in opposition to the objections and motion of the UAW-CIO. Thereafter, in accordance with the Board's Rules and Regulations, the Regional Director conducted an investigation and, on February 21, 1949, issued and duly served upon the parties and the UAW-CIO his Report on the Objections and Motion of the UAW-CIO, in which he found that because the UAW-CIO 3 had not been notified of the proceedings prior to the execution of the Stipulation for Certification upon Consent Election and in view of the character of the objections, the objections should be considered on their merits. With respect to the merits of the objections, the Regional Director found that they raise substantial doubt as to whether the employees had been given proper opportunity to express their true desires, and recommended that the election be voided and set aside and the case remanded to the Regional Director for such further proceedings as may be deemed warranted. As no exceptions have been filed to the Regional Director's Report on Objections within the time provided therefor in the Board's Rules and Regulations, we hereby adopt the findings and recommendations made by the Regional Director in his Report. Accordingly, the motion of the UAW-CIO is hereby denied except insofar as it requests that the election be set aside. ORDER IT IS HEREBY ORDERED that the election held on January 25, 1949, among the employees of the General Motors Corporation, Buick Motor Division, 1401 Fairfax, Kansas City, Kansas, be, and it hereby is, set aside, and the case is hereby remanded to the Regional Director for such further proceedings as may be warranted. CHAIRMAN HERZOG and MEMBER GRAY took no part in the considera- tion of the above Decision and Order Setting Aside Election. 3 The UAW-CIO is in compliance with Section 9 (f), (g), and (h) of the Act.