General Motors Sales Corp.

National Labor Relations Board - Board Decisions

Jan 23, 1942

38 N.L.R.B. 488 (N.L.R.B. 1942)

In the Matter of GENERAL MOTORS SALES CORPORATION, CLEVELAND
DIESEL ENGINE DIVISION and INTERNATIONAL UNION5 UNITED AUTO-
MOBILE, ATRCRAFr & AGRICULTURAL IMPLEMENT WORKERS OF AMER-
ICA, AFFILIATED WITH THE C. I. O.
Case No. R-3447.Decided January 03, 194,1
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Hugh F. Sperry, for the Board.
Mr. Denton Jolly and Mr. Henry M. Hogan, of Detroit, Mich., for
the Company.
Mr. N. L. Smokier and Mr. Maurice Sugar, of Detroit, Mich.,
for the Union.
Mr. A. S inner Lawrence, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 16, 1941, International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America, affiliated with
the C. I. 0., herein called the Union, filed with the Regional Director
for the Eighth Region (Cleveland, Ohio) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of General Motors Sales Corporation, Cleveland
Diesel Engine Division, Cleveland, Ohio, herein called the Company,
engaged in the business of buying, selling, and distributing at Cleve-
land, Ohio, the products manufactured by and produced by its affili-
ate, General Motors Corporation 1 and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On September 29, 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
I General Motors Corporation 's products include various types and kinds of diesel engines
and parts thereof.
38 N. L. R. B, No. 104.
488
GENERAL MOTORS SALES CORPORATION 489
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.2 On October 17, 1941, the
Company, the Union, and the Regional Director entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
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 the following employees to deter-
mine whether or not they desired to be represented by the Union :
all hourly rated packers, checkers, stores (stockhandlers), counters,
expediters (stockhandlers) and stockroom clerks in the Service De-
partment employed by General Motor Sales Corporation, Cleveland
Diesel Engine Division, whose names appeared on the pay roll for
the period ending December 27, 1941, excluding stock-department
manager, foreman, assistant foreman, and all other persons working
in a supervisory capacity.
On December 31, 1941, the Acting Regional Director issued and
thereafter 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______________________________________ 21
Total ballots cast-- ----------------------------------------- 20
Total ballots challenged------------------------------------- 0
Total blank ballots ------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast--------------------------------------- 20
Votes cast for International Union, United Automobile , Aircraft
& Agricultural Implement Workers of America ( C. I. 0 )--- 19
Votes cast against International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America
(C. I. 0.) ------------------------------------------------ 1
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, Cleve-
2 The Board also ordered that the instant case be consolidated with Case No VIII-R-542
The order of consolidation was thereafter vacated by the Board Matter of General Motors
Corporation, Cleveland Diesel Engine Division and International Union, United Autom obile,
Aircraft and Implement Workers of America, Local Union 207, affiliated with the C. 1. 0 ,
37 N L R B 441.
490 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD
land Diesel Engine Division, Cleveland, Ohio, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All hourly rated packers, checkers, stores (stockhandlers), coun-
ters, expediters (stockhandlers), and stockroom clerks in the Serv-
ice Parts Department employed by General Motors Sales Corpo-
ration, Cleveland Diesel Engine Division, excluding stock-department
manager, foreman, assistant foreman, and all other persons working
in a supervisory capacity, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
' 3. International' Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, affiliated with the C. I. 0.,
has been designated 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 International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, affili-
ated with the C. I. 0., has been designated and selected by a majority
of all hourly rated packers, checkers, stores (stockhandlers), counters,
expediters (stockhandlers) and stockroom clerks in the Service Parts
Department employed by General Motors Sales Corporation, Cleve-
land Diesel Engine Division, excluding stock-department manager,
foreman, assistant foreman, and all other persons working in a
supervisory capacity, as ,their representative for the purposes of col-
lective bargaining, and that, pursuant to the provisions of Section
9 (a) of the Act, International Union, United Automobile, Aircraft
& Agricultural Implement Workers of America, affiliated with, the
C. I. O., 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, CLEVELAND
DIESEL ENGINE DIVISION and INTERNATIONAL UNION, UNITED AUTO-
MOBILE , AIRCRAFT cQ, AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
AFFILIATED WITH THE C. I. O.
Case No. R-3447
SUPPLEMENTAL DECISION
AND -
AMENDMENT TO CERTIFICATION OF
REPRESENTATIVES
February 0, 194
On January 23, 1942, the National Labor Relations Board issued a
Decision and Certification of Representatives in the above-entitled
proceeding.,' On January 27, 1942, there was filed with the Board a
stipulation signed by all parties, reciting that on or about December
31, 1941, General Motors Sales Corporation was dissolved and its
assets were taken over and its liabilities were assumed by General
Motors Corporation, which has since carried on the business of Gen-
eral Motors Sales Corporation and has employed the employees of
General Motors Sales Corporation who were employees prior to De-
cember 31, 1941. The parties stipulated that "General Motors Cor-
poration, Cleveland Diesel Engine Division," be substituted for "Gen-
eral Motors Sales Corporation, Cleveland Diesel Engine Division,"
and that the certification contain General Motors Corporation, Cleve-
land Diesel Engine Division, as the name of the employer in this
proceeding.
IT IS HEREBY ORDERED that the Certification of Representatives issued
January 23, 1942, be, and the same hereby is, amended by striking
therefrom the words "General Motors Sales Corporation" and sub-
stituting therefor the words "General Motors Corporation."
1 38 N. L. R. B. 488.
38 N. L. R. B., No. 104a.
491