General Motors Corp.

t In the Matter of GENERAL MOTORS CORPORATION, DETROIT` DIESEL ENGINE DIVISION and INTERN AITONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0 and MECHANICS EDUCATIONAL SOCIETY OF AMERICA, LOCAL 6 (INDEPENDENT) Case No. R-0512-Decided April 30, 1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. T. H. McKeon, for the Board. Mr. H. M. Hogan, Mr. A. F. Power, Mr. Denton Jolly, and Mr. Robert C. Carson, of Detroit, Mich., for the Company. Mr. Robert W: Kanter, of Detroit, Mich., for the U. A. W. Mr. Matthew Smith, of Detroit, Mich., for the M. E. S. A. ,Mr. Louis S. Penfield, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On March 6;1941, International Union, United Automobile Workers of America; affiliated with the C. I. 0., herein called the U. A. W., filed with the Regional Director for the Seventh Region (Detroit, Michi- gan) a petition alleging that a question affecting -commerce had arisen concerning the representation of employees of General Motors Cor- poration, Detroit Diesel Engine Division, herein called the Company, engaged in the manufacture of two-cycle diesel engines of one, three, four, and six cylinders, for use in trucks, buses, tractors, and boats, and also injectors for engines and service parts for engines, at Detroit, Michigan, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 9, 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 April 8, 1941, the Company, the U. A. W., Mechanics Educational Society of 31 N.L R. B,No.81 517 i 518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD America, Local 6, herein called the M. E. S. A., and the Regional Director entered into a "Stipulation for Certification of Representa- tives Upon Consent Election." Pursuant to the stipulation, an election by secret ballot was con- ducted on April 16, 1941, under the direction and supervision of the Regional Director, among all production and maintenance employees and mechanical employees of General Motors Corporation, Detroit Diesel Engine Division, with certain exclusions as hereinafter set forth, to determine whether said employees desire to be represented by the U. A. W. or by the M. E. S. A., or by neither. On April 21, 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 to 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______________________________________ 971 Total ballots cast___________________________________________ 920 Total ballots challenged_____________________________________ 2 Total blank ballots_________________________________________ 0 Total void ballots__________________________________________ 0 Total valid votes cast_______________________________________ Votes cast for Mechanics Educational Society of America, 918 Local 6 ( Independent )____________________________________ 420 Votes cast for International Union, United Automobile Work- ers of America, affiliated with the C. I. O_________________ 471 Votes cast for neither_______________________________________ 27 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 Diesel Engine 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 employees, excluding employees of sales, accounting, personnel and industrial relations departments, superintendents and assistant super- intendents, 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 recommendations as to hiring or discharging (but not leaders), and those employees whose work is of a confidential nature, time study men, plant protection employees, all clerical employees, chief en- gineers and shift operating engineers in power plants, designing 0 GENERAL MOTORS CORPORATION 519 (drawing board), production , estimating and planning engineers, experimental dynamometer operators, experimental dynamometer test operators, experimental engine assemblers , draftsmen and de- tailers, physicists , chemists, metallurgists , artists, timekeepers, tech- nical school students , indentured apprentices , and those technical or professional employees who are receiving training , constitute a unit appropriate 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 C. I. 0., has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining, and is the exclusive repre- sentative of all the employees in said unit within the meaning of Section 9 (c) 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, IT IS HEREBY CERTIFIED that -International Union, United Auto- mobile Workers of America, affiliated with , the C. I. 0., has been designated and selected by a majority of all production , maintenance, and mechanical employees of General Motors Corporation , Detroit Diesel Engine Division , Detroit, Michigan , excluding employees of sales, accounting, personnel and industrial relations departments, 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 recommendations as to hiring or discharging (but not leaders ), and those employees whose work is of a confidential nature, time study men , plant protection employees, all clerical employees, chief engineers and shift operating engineers in power plants , designing (drawing board ), production, estimating and planning engineers , experimental dynamometer operators, ex- perimental dynamometer test operators, experimental engine as- sembler 's, draftsmen and detailers , physicists , chemists, metallurgists, artists, timekeepers , technical school students , indentured appren- tices, and those technical or professional employees who are receiv- ing training, as their representative 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 C. I. 0., 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 con- ditions of employment.