General Motors Sales Corp.

In the Matter of GENERAL MOTORS SALES CORPORATION, FRIGIDAIRE DIVISION and ENTERPRISE ASSOCIATION OF STEAM, HOT WATER, HY- DRAULIC, PIPING, SPRINKLER, PNEUMATIC TUBE, ICE MACHINE, AIR CONDITIONING, AND GENERAL PIPEFITTERS OF NEW YORK AND VICIN- ITY, LOCAL No. 638, UNITED ASSOCIATION OF JOURNEYMEN, PLUMBERS AND STEAMFITTERS OF, THE UNITED STATES AND CANADA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR, BRANCH C Case No. R-1745 SECOND SUPPLEMENTAL DECISION AND ORDER September 7, 19410 On April 17, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings.' Pursuant to the Direction of Election, an election by secret ballot was conducted on May 2, 1940, among employees of General Motors Sales Corporation, herein called the Company, employed at its Frigidaire Division, New York City, under the direction and supervision of the Regional Director for the Sec- ond Region (New 'fork City). On May 11, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report upon the secret ballot, in which she reported that 33 votes had been cast in the elec- tion and 30 counted; that 15 of those counted were for Enterprise Association- of Steam, Hot Water, Hydraulic, Piping, Sprinkler, Pneumatic Tube, Ice Machine, Air Conditioning, and General Pipe- fitters of New York and Vicinity, Local No. 638, United Association of Journeymen, Plumbers and Steamfitters of the United States and Canada, affiliated with the American Federation of Labor, Branch C, herein called the Union, and 15 had been cast against the Union, that three ballots had not been counted because challenged by the 122 N L R B. 1036 27 N L. R. B., No. 26. 99 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union. On May 25, 1940, the Union filed Objections to the conduct of the ballot and to the Election Report, and on June 24, 1940, the Regional Director issued a Report on Objections, copies of which were duly served upon the parties. On July 31, 1940, the National Labor Relations Board issued a Supplemental Decision and Direc- tion,2 copies of which were duly served upon the parties, sustaining the rulings, findings, and recommendations of the Regional Director in her Election Report and Report on Objections, overruling the Objections made by the Union to the conduct of the ballot and to the Election Report, and directing that the Regional Director open and count the challenged ballots and make a Supplemental Election Report thereon and serve copies thereof upon the parties. On August 12, 1940, the Regional Director, acting pursuant to the Supplemental' Decision and Direction, issued and duly served upon the parties a Supplemental Election Report setting forth that on August 8 the Regional Director had opened the challenged bal- lots and that upon a count of said ballots the results of the election were as follows : Total number eligible to vote--------------------------------- 33 Total number of ballots cast------------------------------- 33 Total number of valid ballots------------------------------- 33 Total number of votes in favor of Steamfitters Local 638, Branch C., A. F. of L------------------------------------- 15 Total number of votes against afore-mentioned union -------- 18 Total number of blank votes-------------------------------- 0 Total number of void ballots------------------------------- 0 No objections to the counting of the ballots or to the Supplemental Election Report have been filed by any of the parties. The results of the election show that no collective bargaining representative has been selected by a majority of the employees in the appropriate unit. The petition for investigation and certifica- tion of representatives of employees of the Company will therefore be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby ORDERED that the petition for investigation and certification of representatives of employees of General Motors Sales Corporation, at its Frigidaire Division, New York City, filed herein by Enter- 225 N L R B. 1122 GENERAL MOTORS SALES CORPORATION 101 prise Association of Steam, Hot Water, Hydraulic, Piping, Sprink- ler, Pneumatic Tube, Ice Machine, Air Conditioning, and General Pipefitters of New York and Vicinity, Local No. 638, United Asso- ciation of Journeymen, Plumbers and Steamfitters of the United States and Canada,, affiliated with the American Federation of Labor, Branch C, be, and it hereby is, dismissed.