General Motors Sales Corp.

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.