General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION, UNITED MOTORS SERV- ICE DIVISION, ST. Louis BRANCH and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 1, AFL, AND GASOLINE SERVICE STATION AND WAREHOUSE EMPLOYEES, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, HELPERS AND WAREHOUSEMEN AND HELPERS LOCAL No. 618, AFL, AND INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 9 Case No. 14-R-1331.-Decided April 10, 1946 Mr. Henry M. Hogan, Assistant General Counsel, by Robert C. Carson, Attorney, of Detroit, Mich., for the Company. Mr. John T. Meinert, of St. Louis, Mo., for the IBEW. Mr. Claude W. Ault, of St. Louis, Mo., for the Teamsters. Mr. W. C. Riley, of St. Louis, Mo., for the Machinists. Mr. Herbert J. Nester, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed jointly by the International Brotherhood of Electrical Workers, Local No. 1, AFL, Gasoline Service Station and Warehouse Employees, International Brotherhood of Teamsters, Helpers and Warehousemen and Helpers Local No. 618, AFL, and International Association of Machinists, District No. 9, hereinafter collectively referred to as the Unions, alleging that a question affecting commerce had arisen concerning the representation of employees of General Motors Corporation, United Motors Service Division, St. Louis Branch, St. Louis, Missouri, hereinafter called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Rayburn L. Hackler, Trial Examiner. The hearing was held at St. Louis, Missouri, on February 18, 1946. The Company and the Unions appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from 67 N. L. R. B., No. 32. 233 234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF F.'C'1' 1. TILE BUSINESS OF THE COMPANY United Motors Service Division is an unincorporated division of General Motors Corporation, a Delaware corporation. The Com- pany's St. Louis Branch, with which we are herein concerned, is en- gaged in receiving, storage, and sale of automotive replacement parts and accessories, and the repairing and rebuilding of fuel pumps and electric motors. During the year 1945, the volume of business trans- acted by the St. Louis Branch was in excess of $1,000,000. Approx imately 95 percent of the material liandled during this period origi- nated from points outside the State of Missouri. Approximately 38 percent of the materials sold and distributed during the year 1145 was shipped outside the State of Missouri. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, Local No. 1, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Company. Gasoline Service Station and Warehouse Employees, International Brotherhood of Teamsters, Helpers and Warehousemen and Helpers, Local No. 618, is a labor organization, affiliated with the American Federation of Labor, admitting to membership employees of the Com- pany. International Association of Machinists, District No. 9, is a lab.lr organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Unions as the exclusive bargaining representative of its employees until certified by the Board in an appropriate unit.' A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the joint petitioners represent a substantial nunl- her of employees in the unit hereinafter found appropriate.2 The record reveals that there is a currently existing contiaet between the Company and the Inteinational Brotherhood of Electrical workers covering a unit consisting ex- clusively of electrical employees at the Company's plant There is no contention by the partiei that this contract constitutes a bat to the instant proceedings The Field Examiner reported that the joint petitioners herein submitted 41 cards, bearing the names of 35 employees listed on the Company 's pay roll of January 1, 1946. There are approximately 58 employ yes in the appropiiate un;t GENERAL MOTORS CORPORATION 235 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that a unit including all hourly rated employees in the parts depart- ment, electric motor department, and fuel pump rebuilding depart- ment at the Company's St. Louis Branch, including receiving checkers, receiving handlers, order pickers, shippers, shipping checker packers, warranty claims checkers, warranty -claims handlers, exchange unit checkers, exchange unit handlers, miscellaneous stock handlers, jani- tors, firemen, disassemblers, cleaners, inspectors, assemblers, painters, boxers, winders, machine workers, strippers, insulators, dippers, solderers, and final testers, except for all supervisory employees includ- ing manager, assistant manager, operating manager, warehouse parts manager, assistant warehouse parts manager, foremen, assistant fore- men, service manager, assistant service manager, salesmen, clerical employees, general office employees, and all employees in other than the parts department, electric motor department, and fuel pump re- building department, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The Company urges the impropriety of permitting the Unions jointly to represent a single unit. We find no merit in the Company's objection; the Board customarily has permitted Unions to act jointly as the single bargaining representative.3 As for the Company's con- cern that it might be required to bargain separately with each of the Unions involved, we assume that the Unions do not contemplate that th4 Company will be required to bargain on the basis of any unit other than the one herein found appropriate. If the Unions win the election and are certified jointly as the exclusive bargaining represent- ative, the Company will have the right to insist upon dealing with the t pions on the basis of a single plant-wide unit' ' See Matter of Staley Ifannfactnrrnq Company. 31 N I. R B 946; Matter of American Car and Foundry Company , 51 N L R B 1416 ; Matter of Fulton Rag and Cotton Mills, 52 N L R B 464 , Matter of Seullan Steel Conioany , 55 N. L. R B 1461 , of Matter of Corn Products Refining Company, 60 N L R B 92 4 see Matter of Fairmont Creamery Company, 61 N L R B 1311 , and Matter of The Mead Corporation, Heald Division, 63 N. L R . B. 1129 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, as amended , it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with General Motors Corporation, United Motors Service Division , St. Louis Branch, 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 Four- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations , among employees in the unit found appro- priate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction , including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented jointly by International Brotherhood of Electrical Workers, Local No. 1, AFL, and Gasoline Service Station and Ware- house Employees, International Brotherhood of Teamsters , Helpers and Warehousemen and Helpers Local No. 618 , AFL, and Interna- tional Association of Machinists , District No. 9, for the purposes of collective bargaining.