General Motors Sales Corp.

In the Matter of GENERAL MOTORS SALES CORPORATION, GENERAL MOTORS PARTS DIVISION and AUTOMOTIVE WAREHOUSEMEN'S UNION, LOCAL 241, OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFFILIATED WITH THE A. F. OF L. Case No. R-3453.-Decided January 24, 19492 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election Mrs. Alice M. Ros.seter , for the Board. _ Mr. Henry M. Hogan and Mr. Denton Jolly, of Detroit, Mich., for the Company. Mr. Wm. J. McKeon, of San Francisco , Calif., for , the Union. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On September 29, 1941, and October 29, 1941, respectively,, Auto- motive Warehousemen's Union, Local 241, of the International Brotherhood of Teamsters, Chauffeurs, Wareliousemen and Helpers of America, affiliated with the A. F. of L., herein called the Union, filed with the Regional Director for the Twentieth Region (San Francisco, California) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of General Motors Sales Corporation, General Motors Parts Division, herein called the Company, engaged in the sale and distribution of automobile parts and accessories at ' San Francisco, California, and requesting an investigation and certifica tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 18, 1941, the Company, the Union, and the Regional Director entered into a "stipulation for certification of representatives upon consent election." On December 22, 1941, the National Labor. Relations 38 N. L. R. B, No. 106 ' 507 508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. Pursuant to the stipulation, an election by secret ballot was con- ducted on December 30, 1941, under the direction and supervision of the Regional Director, among all hourly rated stock pickers, stock handlers, shipping checkers, and janitors at the Company's ware- house at San Francisco, California, but excluding stockroom and receiving supervisor, shipping supervisor, stock-department man- ager, foremen, assistant foremen, office and clerical employees, and all other persons working in a supervisory capacity, to determine whether or not they desired to be represented by the Union. On December 30, 1941, the Regional Director issued and duly served upon the parties an 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 her Election Report the Regional Director reported as follows concerning the balloting and its results : Total on eligibility list ______________________________________ 10 Total ballots cast____ ______________________________________ 10 Total ballots challenged ____________________________________ 0 Total blank ballots ----------------------------------------- 0 Total void ballots_ __________________________________________ 0 Total valid votes counted___________________ ----------------------------------- 10 Votes cast for Automotive Warehousemen's Union, Local 241, of International Brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, A F. of L______________ 10 Votes cast against Automotive Warehousemen's Union, Local 241, of International Brotherhood of Teamsters , Chauffeurs, Warehousemen and Helpers of America, A F. of L_________ 0 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 Motor Sales Corporation, General Motors Parts Division, San Francisco, California, within the meaning of Section 9. (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly rated stock pickers, stock handlers, shipping checkers, and janitors at the Company's warehouse at San Francisco, Califor- nia, but excluding stockroom and receiving supervisor, shipping super- visor, stock-department manager, foremen, assistant foremen, office and clerical employees, and all other persons working in a super- visory capacity, constitute a unit appropriate for the purposes of GENERAL MOTORS SALES CORPORATION 509 collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Automotive Warehousemen's Union, Local 241, of the Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the A. F. of L., has been desig- nated 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 representative of all employees in 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 Automotive Warehousemen's Union, Local 241, of the International Brotherhood of Teamsters, Chauf- feurs, Warehousemen and Helpers of America, affiliated with the A. F. of L., has been designated and selected by a majority of all hourly rated stock pickers, stock handlers, shipping checkers, and janitors employed by General Motors Sales Corporation, General Mo- tors Parts Division at its warehouse at San Francisco, California, but excluding stockroom and receiving supervisor, shipping supervisor, stock-department manager, foremen, assistant foremen, office and clerical employees, and all other persons working in a supervisory capacity, as their representative for the purposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the Act, Automotive Warehousemen's Union, Local 241, of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, affiliated with the A. F. of L., 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. In the Matter of GENERAL MOTORS SALES CORPORATION, GENERAL MOTORS PARTS DIVISION a?ul AUTOMOTIVE WARE, HOUSEIVIEN'S UNION, LOCAL. 241, OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFFILIATED WITH THE A. F. OF L. Case No. R-3453 AMENDMENT TO CERTIFICATION OF REPRESENTATIVES February 6,1942 On January 24, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Certification of Representa- tives in the above-entitled proceeding.' On January 26, 1942, there was filed with the Board a supplemental "STLrULATION," executed by the parties on January 23, 1942, in which it was stated that whereas General Motors Sales Corporation had been dissolved and General Motors Corporation had assumed all of the liabilities of the former corporation, therefore it was agreed by the parties that General Motors Corporation, General Motors Parts Division be sub- stituted for General Motors Sales. Corporation, General Motors Parts Division. Upon the basis of the Stipulation and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, the Certification of Representatives is hereby amended by striking therefrom the words "General Motors Sales Corporation, General Motors Parts Division," and substituting there- for "General Motors Corporation, General Motors Parts Division." 138 N L R B 507 38 N. L. R B, No. 10Ga. 510