General Motors Corp.

In the Matter Of GENERAL MOTORS CORPORATION, DETROIT TRANSMISSION DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. B-2308.-Decided February 12, 1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Frank H. Bowen, for the Board. Or. Henry M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and Mr. Robert Carson, of Detroit, Mich., for the Company. Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES On November 30, 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 Seventh Region (De- troit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of General Motors Corporation, Detroit Transmission Division, herein called the Company, engaged in the manufacture of various types and kinds of automobile transmissions, fly wheels, fly-wheel covers, and fluid drives and parts thereof, at Detroit, Michigan, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 440 herein called the Act. On January 13, 1941, 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 Regulations-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 January 11, 1941, the Com- pany, the Union, and the Regional Director entered into a "Stipula- tion for Certification of Representatives Upon Consent Election." Pursuant to the Stipulation, an election by secret ballot was con-. ducted on January 23, 1941, under the direction and supervision of the 29 N. L R. B, No. 99 552 - GENERAL MOTORS CORPORATION 553. Regional Director, among all production and maintenance employees and mechanical employees in engineering-department shops of Gen- eral Motors' Corporation, Detroit Transmission Division, excluding, however, direct representatives of the management, such as officers and directors of the Company, sales managers and assistant sales man- agers, factory managers and assistant factory managers, directors and employees of sales, accounting, personnel and industrial relations de- partments, directors of purchases and assistant directors of purchases, superintendents and assistant superintendents,' general foremen, fore- men and assistant foremen, and all other persons working in a super- visory capacity, including those having the right to hire or discharge and those whose duties include recommendation as to hiring or dis- charging (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, chief engineers and shift operating engineers in power plants, designing (drawing board), production estimating and plan- ning engineers, draftsmen and detailers, physicists, chemists, metallur- gists, artists, designer-artists and clay and plaster modelers (but not those who make patterns), timekeepers, technical school students, in- dentured apprentices, and those technical or professional employees who are receiving special training, to determine whether or not said employees desire to be represented by the Union. On January 30, 1941, the Regional Director issued and duly served upon the parties his Election 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 on eligibility list-------------- ----------------------------------- 1,390 Total ballots cast--! 1,330 Total ballots challenged ------------ ______________________ 22 Total blank ballots ---------------------------------------- 5 Total void ballots ------------------------------------------ 2 Total valid votes cast______________________________________ 1,301 Votes cast for International Union, United Automobile Workers of America, affiliated with the C. I. 0------------ 1,178 Votes cast against International Union, United Automobile Workers of America, affiliated with the C I. 0_____________ 123 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 repre- sentation of employees of General Motors Corporation, Detroit Trans- 554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mission Division, Detroit, Michigan, 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 and mechanical em- ployees in engineering department shops of General Motors Corpora- tion, Detroit Transmission Division, excluding, however, direct, representatives of the management, such as officers and directors of the Company, sales managers and assistant sales managers, factory managers and assistant factory managers, directors and employees of sales, accounting, personnel and industrial relations departments, di- rectors of purchases and assistant directors of purchases, superintend- ents 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 in- clude maintenance patrolmen or fire patrolmen), all clerical employees, chief engineers and shift operating engineers in power plants, design- ing (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 appren- tices, and those technical or professional employees who are receiving special training, constitute a unit appropriate for the purposes of col- lective 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 des- ignated and selected by a majority of the employees in the above unit and is their" representative for the purposes of collective bargaining 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 Relations Act, IT IS HEREBY CERTIFIED that International Union, United Automobile Workers of America, affiliated with the Congress of.Industrial Organ- izations, has been designated and selected by a majority of all produc- tion and maintenance employees and mechanical employees in engineer- ing department shops of General Motors Corporation, Detroit Transmission Division, excluding, however, direct representatives of GENERAL MOTORS CORPORATION 555 the management, such as officers and directors of the Company, sales managers and assistant sales managers, factory managers and assistant factory managers , directors and-employees of sales, accounting, per- sonnel and industrial relations departments , directors of purchases and_ assistant directors of purchases , superintendents and assistant superin- tendents , general foremen, foremen and assistant foremen, and all- other persons working in a supervisory capacity, including those hav- ing the right to hire or discharge and those whose duties include rec- ommendation 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, chief 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 pro- fessional employees who are receiving special training, as their repre- sentative for the purposes of collective bargaining, 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 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.