General Motors Corp.

In the Matter of GENERAL MOTORS CORPORATION, TERNSTEDT-TRENTON DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-2242.-Decided January 21, 1941 Investigation and Certification of Representatives : stipulation for certification upon consent election. Mr. Bennet F. Schaufler, for the Board. Mr: E. J. Hanson, of Trenton, N. J., for the Company. Mr. Edward Gray, of Trenton, N. J., for the Union. Mr-Louis Colcin, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES On October 1, 1940, International Union, United Automobile Workers of America, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Fourth Region (Phila- delphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees at the Ternstedt-Trenton Division of General Motors Corporation, herein called the Company, engaged in the manufacture of various types and kinds,of automobile body hardware at Trenton, New Jersey, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 29, 1940, the Company, the Union, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION OF REPRESENTATIVES UPON CONSENT ELECTION." Pursuant to the Stipulation, an election by secret ballot was con- ducted on December 18, 1940, under the direction and supervision of the Regional Director among all production and maintenance em- ployees at the Ternstedt-Trenton Division of General Motors Cor- poration, excluding direct representatives of the management, such as officers and directors of the corporation, sales managers and assist- ant sales managers, factory managers and assistant factory managers, directors and employees of sales, accounting, personnel, and indus- trial relations departments, directors of purchases and assistant di- 29 N. L. It. B., No. 22. 122 49 GENERAL MOTORS CORPORATION 123 rectors of purchases, superintendents and assistant superintendents, general foremen, foremen and assistant foremen, and all other per-' sons working in a supervisory capacity, including those having the right to hire or discharge and those whose duties include recomnYen- dation as to airing or discharging (but not leaders), and those em- ployees whose work is of a confidential nature, tine-study men, plant- protection employees (but not to include maintenance *patrolmen or, fire patrolmen), all clerical employees, shift engineers and shift oper- ating engineers in power plants, designing (drawing board), pro- duction estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, artists, designer-artists, and clay and plaster modelers (but not those who make patterns), timekeepers, technical school students, indentured apprentices, and those technical or professional 'employees who are receiving special training, and kitchen or cafeteria, help, to deterinine whether or not said employees desire to be represented by. the Union. On December 23, 1940, the Regional Director issued and duly served upon the parties his Elec- tion Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report, the Regional Director reported as follows concerning the balloting and its results : Total eligible to vote_____________________________________ 2,609 Total valid votes cast______________________________________ 2,458 Total number of ballots cast for United Automobile Workers of America, affiliated with the C I. 0____________________ 1, 872 Total number of ballots cast against United Automobile Workers of America, affiliated with the C. I 0_____________ 586 Total number of blank ballots _____________________________ 5 Total number of void ballots _______________________________ 2 Total number of challenged ballots_________________________ 12 Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the rep- resentation of employees at the Ternstedt-Trenton Division of Gen- eral Motors Corporation, Trenton, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of .the National Labor Relations Act. 2. All production and maintenance employees at the Ternstedt- Trenton Division of General Motors Corporation, excluding direct representatives of the management, such as officers and directors of the corporation, sales managers and assistant sales managers, fac-, tory managers and assistant factory managers, directors and em- 124 DECIS[ONS OF NATIONAL LABOR, RELATIONS BOARD ployees of sales, accounting, personnel, and industrial relations de- partments, directors of purchases and assistant directors of pur- chases, superintendents and assistant superintendents, general foremen, foremen and assistant foremen, and all other persons working in a supervisory capacity, including those having the right to hire or discharge and those whose duties include recommendation as to hiring or discharging (but not leaders), and those employees whose work is of a confidential nature, time-study men, plant-protection - employees (but not to include maintenance patrolmen or fire patrolmen), all clerical employees, shift engineers and shift operating engineers in power plants, designing (drawing board), 'production estimating and planning engineers, draftsmen and detaile_rs, physicists, chemists, metallurgists, artists, designer- artists, and clay and plaster modelers _(but not those who make pat- terns), timekeepers, technical school students, indentured apprentices, and those technical or professional employees who are receiving spe- cial training, and kitchen or cafeteria help, constitute a unit appro- priate for the purposes of" collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the employees in the above unit and is their representative for the purposes of collective bar- gaining and is the exclusive representative of all employees in the said unit, within the meaning of Section 9 (a) 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 Re- lations Act, IT Is HEREBY CERTIFIED that International Union, United Automo- bile Workers of America, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all production and maintenance employees at- the Ternstedt-Trenton Division of General Motors Corporation, Trenton, New Jersey, ex- cluding direct representatives of the management, such as officers and directors of the corporation, sales managers and assistant sales man- agers, factory managers and assistant factory managers, directors and employees of sales, accounting, personnel, and industrial relations departments, directors of purchases and assistant directors of pur- chases, superintendents and assistant superintendents, general fore- men, foremen and assistant foremen, and all other persons working in a supervisory capacity, including those having the right to hire or GENERAL MOTORS CORPORATION 125 discharge and those whose duties include recommendation as to hiring or discharging (but not leaders), and those employees whose work is of a confidential nature, time-study men, plant-protection employees (but not to include maintenance patrolmen or fire patrolmen), all clerical employees, shift engineers and shift operating -engineers in power plants, designing (drawing board), production estimating and planning engineers, draftsmen and detailers, physicists, chemists, metallurgists, artists, designer-artists, and clay and plaster modelers (but not those who make patterns), timekeepers, technical school students, indentured apprentices, and those technical or professional employees who are receiving special training, and kitchen or cafe- teria help, as their representative for the purposes of collective bar- gaining, and that, pursuant to the provisions of Section 9 (a) of the Act, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, is the ex- clusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of em- ployment, and other conditions of employment.