General Motors Corp.

In the Matter of FRIGIDAIRE DIvISIoN, GENERAL MOTORS CORP., DAY- TON, OHIO and LOCAL 801, UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. IR-1830 SECOND SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 7, 1940 On June 20, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding.' On July 15 and August 2, 1940, respec- tively, the Board issued an Amendment to Direction of Election 2 and a Supplemental Decision and Direction of Run-Off Election.3 Pur- suant to the Supplemental Decision and Direction of Run-Off Elec- tion, an election by secret ballot was conducted on August 14, 1940, under the direction and supervision of the Regional Director. On August 16, 1940, the Regional Director, acting pursuant to Article, III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct,of the ballot or the ElectionSReport have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : PATTERN MAKERS Number of alleged eligible voters---------------------------- 15 Number of ballots placed in ballot box---------------------- 15 Number of unchallenged ballots for Pattern Makers League of North America------------------------------------------- 6 Number of unchallenged ballots against Pattern Makers League of North America---------------------------------------- 8 Number of challenged ballots-------------------------------- 1 Number of blank ballots------------------------------------ 0 Number of spoiled ballots ----------------------------------- 0 124 N L R. B 853. z 25 N. L R B 396 26 N L R B 69 27 N. L. R. B, No. 28. 104 . "' - FRIGIDAIRE DI4ISIOIV^' GENERAL MOTORS CORP. 105 PLANT UNIT Number of alleged eligible voters___________________________ 9, 064 Number of ballots placed in ballot box---------------------- 7, 579 Number of unchallenged ballots for Local 801, United Electri- cal, Radio & Machine Workers of America_________________ 4, 062 Number of unchallenged ballots for Dayton Independent Union of Dayton, Ohio---------------------------------------- 3,059 Number of challenged ballots------------------------------- 156 Number of blank ballots----------------------------------- 219 Number of spoiled ballots__________________________________ 83 On August 20, 1940, United Electrical, Radio & Machine Workers of America, Local 801, filed a request to include the wood pattern makers and metal pattern makers working on machine or bench, pattern, checkers, and the apprentices of these classifications in the plant unit, inasmuch as they expressed a desire not to be represented by the Pat- tern Makers League of North America. The Board has considered -the request and it is hereby denied. - In the Decision and Direction of Elections referred to above, the Board made no final determination as to the appropriate unit or units, but stated that such determination would depend upon the results in each of the elections. Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all production and maintenance employees, mechanical employees in the engineering department shops, employees in service -department shops, tool and die makers, and inspectors of Frigidaire Division, General Motors Corporation, Dayton, Ohio, excluding the factory manager, assistant factory manager, superintendents; assist- ant superintendents, supervisors, foremen, dispatchers, timekeepers, plant protective employees, cafeteria employees, metal finishers, stock. chasers, cooperative school students, apprentices, and others included in the employer's educational program, instructors, garage attendants, crate designers, engineers, technical employees, time-study men, head- job setters, draftsmen, tool designers and detailers, clerical and office employees, chemists, metallurgists, employees of the personnel and industrial departments, wood pattern makers and metal pattern makers working on bench or machine, pattern checkers, and the apprentices of these classifications, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to the 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. Inasmuch as no union has received a majority of the votes in the election held among the wood pattern makers and metal pattern makers 106 DECISIONS- OF NATIONAL LABOR -RELATIONS BOARD working on bench or machine, pattern checkers, and the apprentices of these classifications , we will not certify any representative for such employees. SUPPLEMENTAL CONCLUSIONS OF LAW We find that all production and maintenance employees, mechani- cal employees in the engineering department shops, employees in service department shops, tool and die makers, and inspectors of Frigidaire Division, General Motors Corporation, Dayton, Ohio, excluding the factory manager, assistant factory manager, superin- tendents; assistant superintendents, super-visors,' foremen, dispatchers, timekeepers. plant protective employees, cafeteria employees, metal finishers, stock chasers, cooperative school students, apprentices, and others included in the employer's educational program, instructors, garage attendants, crate designers, engineers, technical employees, time-study men, head-job setters, draftsmen, tool designers and de- tailers, clerical and office employees, chemists, metallurgists, em- ployees of the .personnel and industrial departments, Wood. pattern makers and metal pattern makers working on bench or machine, pattern checkers, and the apprentices of these classifications, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Electrical, Radio & MaChlne Workers of America, Local 801, affiliated with the Congress of Indus- trial Organizations, has been designated and selected by a majority of all production and maintenance employees, mechanical employees in the engineering department shops, employees in service department shops, tool and die makers, and inspectors of Frigidaire Division, General Motors Corporation, Dayton, Ohio, excluding the factory manager, assistant factory manager, superintendents, assistant super- intendents, supervisors, foremen, dispatchers, timekeepers, plant pro- tective employees, cafeteria employees, metal finishers, stock chasers, cooperative school students, apprentices, and others included in the employer's educational program, instructors, garage attendants, crate designers, engineers, technical employees, time-study men, head-job setters, draftsmen, tool designers and detailers, clerical and office FRIGIDAIRE DIVISION, GENERAL MOTORS CORP. 107 employees, chemists, metallurgists, employees of the personnel and industrial departments, wood pattern makers and metal pattern makers working on bench or machine, pattern checkers, .and the ap- prentices of-these classifications, as their representative for the pur- poses of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Electrical, Radio & Machine Workers of America, Local 801, affiliated with the Congress of Industrial Organizations, 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.