Chrysler Corp.

In the Matter Of CHRYSLER CORPORATION (DODGE FORGE DIVISION) and INTERNATIONAL UNION, I UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO) In the Matter of CHRYSLER CORPORATION (DODGE TRUCK PLANT) and INTERNATIONAL UNION, UNITED AUTOMOBILE AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO) Cases Nos. R-3536 and R-3537, respectively.Decided March 6, 1942 Jurisdiction : motor vehicle manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal of Company to accord union recognition; elections necessary. Units Appropriate for Collective Barfgaining : separate units at each of two plants of the Company comprising the following identical classes of employees: all salaried and hourly paid office workers, including timekeepers, telephone and teletype operators, and mail clerks, but excluding supervisory employees, engineers, all employees in the labor relations department and the employment department, all employees in, the time-study, methods, and budget depart- ment (except secretarial employees), credit men, professional employees, draftsmen, package engineers, and the confidential secretaries to executives, heads of'departments, and foremen. Larkin, Rathbone cQ Perry, by Mr. T. R. Iserman and Mr. John O'Keefe, Jr., of New York City, for the Company. Sugar and Tucker, by Mr. Jack N. Tucker, of Detroit, Mich., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS .STATEMENT, OF THE CASE . On November 27 and December 5,1941, respectively, International Union,, United Automobile, Aircraft and Agricultural Implement Workers of America, (UAW-CIO), herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) separate petitions alleging that questions affecting commerce had . arisen concerning the representation of employees at the Dodge Forge Division and Dodge Truck Plant of Chrysler Corporation, Detroit, 39 N. L. R. B., No. 92. 532 CHRYSLER CORPORATION 533 Michigan, herein called the Company, and requesting investigations and certifications of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 21, 1942, 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, and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, ordered the two cases consolidated. On February 5, 1942, the Regional Director issued a notice of hearing, copies of which were duly served -upon the Company and the,Union. Pursuant to notice, a hearing was held on February 12, 1942, at Detroit, Michigan, before Harold A. Cranefield, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. During the course of the hearing the parties stipulated to incorporate the record in Case No. R-2961 1 in this proceeding. The record in that case is hereby incorporated into and made a part of the record in this proceeding. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY - Chrysler Corporation is a Delaware corporation with its principal office at Detroit, Michigan. It operates plants in the States of Michi- gan, Indiana, and California, where it is engaged in the manufacture of motor vehicles and other war material for the exclusive use of the United States Government. The Dodge Forge Division and the Dodge Truck Plant of the Company are the only plants of the Com- pany involved herein. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, is a labor organization affiliated with I Matter of Chrysler Corporation (Marysville Plant) and International Union, Unsted Automotnle Workers of America, affilzated with the C. I. 0., 36 N. L. R. B. 157. 534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION During, November 1941, the Union requested the Company to recognize it' as the exclusive representative of certain employees at the Dodge Forge Division and the Dodge Truck Plant of the Com- pany. The Company replied that it did not believe that the Union represented a majority of 'the employees claimed by it. Statements of the Regional Director, introduced into evidence at the hearing, show that the Union represents a substantial number of employees in each of the units alleged by it to be appropriate.2 We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions' concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and ,tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPPOPRIAIE UNITS The Union contends that all salaried and hourly rated office workers at the Dodge Forge Division and Dodge Tluck Plant of the Company, respectively, including timekeepers, but excluding super- visory employees, all employees in the, time-study, methods, and, budget department (except secretarial employees), credit men, pro- fessional employees, and employees in the labor relations department, constitute two s,parate units appropriate for the purposes of, collective bargaining. The Company would also exclude timekeepers, secre- tarial employees to executives, foremen and heads of departments, telephone and teletype operators, all employees in the employment department, draftsmen, package engineers (or designers), and mail clerks. The Union and the Company agree to exclude all engineers, and the secretaries to the traffic manager, the superintendent of parts order, plant engineer, plant superintendent, and supervisor of the Z The Regional Director reported that the Union presented 20 membership application cards bearing the names of persons who appear on the December 31, 1941, pay roll of the Dodge Forge Division of the Com- pany. There are 39 employees on this pay roll who are in the alleged appropriate unit. The Regional Director further reported that the Union presented 58 membership application cards bearing the names of persons who are on the December 31, 1941, pay roll of the Dodge Truck Plant of the Company. There are 128,persons on this pay roll who are in the alleeed appropriate unit. ' CHRYSLER CORPORATION 535 time-study, methods, and budget department. As stated above, the parties stipulated to incorporate by reference in this proceeding the record in a prior proceeding involving another plant of the Company at which there are employees performing similar work.' The parties stated that their contentions with respect to the disputed classifica- tions of employees in the instant proceeding are the same as appears in the record incorporated by reference herem.4 We incorporate herein all findings of fact in Case No. R-2961 relating to the various classifications of employees there in dispute, and make those findings a part of our Decision herein.- Thus, upon the entire retold in this proceeding, we find the following units appropriate foi the purposes of collective bargaining. We find that all salaried and hourly paid office workers at the Dodge Forge Division of the Company, including timekeepers, telephone and teletype operators, and mail clerks, but excluding supervisory employees, engineers, all employees in the labor relations department and the employment department, all employees in the time-study, methods, and budget department (except secretarial employees), credit men, professional employees, draftsmen, package engineers, and the confidential secretaries to executives, heads of departments, and foremen, constitute a unit appropriate for the purposes of collec- tive, bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act.' We find that all salaried and hourly paid office workers at the Dodge Truck Plant of the Company, including timekeepers, telephone and teletype operators, and mail clerks, but excluding supervisory employees, engineers, all employees in the labor relations department and the employment department, all employees in the time-study, methods, and budget department (except secretarial employees), credit men, professional employees, draftsmen, package engineers, and confidential secretaries to executives, heads of departments, and foremen, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES' We find that the questions concerning representation which have arisen can best be resolved by the holding of elections by secret ballot. J See footnote 1, supra 4 The parties relied upon the evidence introduced in Case No R-2961 and introduced no new evidence regarding the duties of the disputed classifications of employees. 5 The parties agreed that this unit would exclude D. Stewart , foreman's clerk and include Wilkins, a specifications clerk. 536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We shall direct that those eligible to vote in the elections shall be the employees within the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees at the Dodge Forge Division and Dodge Truck Plant of Chrysler Corporation, Detroit, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All salaried and hourly paid office workers at the Dodge Forge Division ' of the Company, including timekeepers, telephone and teletype operators, and mail clerks, but excluding supervisory em- ployees, engineers, all employees in the labor relations department and the employment department, all employees in the time-study, methods, and budget department (except secretarial employees), credit men, professional employees, draftsmen, package engineers, and the confidential secretaries to executives, heads of departments, and foremen, constitute a unit appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the Act. 3. All salaried and hourly paid office workers 'at the Dodge Truck Plant of the Company, including timekeepers, telephone and teletype operators, and mail clerks, but excluding supervisory employees, engineers, all employees in the labor relations department and the employment department, all employees in the time-study, methods, and budget department (except secretarial employees), credit men, professional employees, draftsmen, package engineers, and the confi- dential secretaries to executives, heads of departments, and foremen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTIONS 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, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Chrysler Corporation, Detroit, Michigan, elections by secret ballot shall be conducted as early as possible, but not later than thirty CHRYSLER CORPORATION 537 (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among: 1. All salaried and hourly paid office workers at the Dodge Forge Division of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including timekeepers, telephone and teletype operators, mail clerks, and em- ployees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory employees, engineers, all employees in the labor relations department and the employment department, all employees in the time-study, methods, and budget department (except secretarial employees), credit men, piofessional employees, draftsmen, -package engineers, confidential secretaries to executives, heads of departments, and fore- men, and employees who have since quit or been, discharged for cause, to determine whether or not they desire to be represented by Inter- national Union, United Automobile, Aircraft and Agricultural Imple- ment Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. 2. All salaried and hourly paid office workers at the Dodge Truck Plant of the Company who were employed during the pay-roll period immediately. preceding the date of this Direction, including time- keepers, telephone and teletype operators, mail clerks, and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but' excluding supervisory em- ployees, engineers, all employees in the labor relations department and the employment department, all employees in the time-study, methods, and budget department (except secretarial employees), credit men, professional employees, draftsmen, package engineers, confidential secretaries to executives, heads of departments, and fore- men, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Inter- national Union, United Automobile, Aircraft and Agricultural Imple- ment Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Elections.