Chrysler Corp.

In the Matter of CHRYSLER CORPORATION, EVANSVILLE ORDNANCE PLANT and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGaI- CULTUr,AL IMPLEMENT WORKERS OF AMERICA, LOCAL UNION No. 211, AFFILIATED WITH THE.C. I. O. Case No. R-4765.Dcided February °N', 1943 Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question : stipulation as to; election necessary. Unit Appropriate for Collective Bargaining : all plant-protection employees at one plant of Company, excluding chiefs, captains, fire chiefs, fire marshals, sergeants, desk sergeants, relief sergeants, confidential clerks and investigators; agreement as to. Rathbone, Perry, Kelley di Drye, by Mr. Donald L. Hastings, of New York City, for the Company. Mr. Joseph V. Gavin, of Evansville, Ind., for the Union. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CASE Upon an amended petition duly filed by International Union; United Automobile, Aircraft & Agricultural Implement Workers of America, Local Union No. 211, affiliated with the C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Chrysler Corporation at its Evansville Ordnance Plant, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before Frank Al. Kleiler, Trial Examiner. Said hear- ing was held at Evansville, Indiana, on January 14, 1943. The Com- pany and the Union appeared, participated, and were, afforded full opportunity to be heard, to examine and cross-examine witnesses, and to -introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed.. 'A motion was granted to amend the petition and all the formal papers to designate the Company as Chrysler Corporation , Evansville Ordnance Plant. 47 N L. R B., No. 23. 260 9 CHRYSLER CORPORATION 261 Upon the entire record*in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Chrysler Corporation, a Delaware corporation, has its principal office at Highland Park, Michigan. The Company has heretofore been engaged in the manufacture of automobile parts and accessories. During the 12 months preceding the date of this hearing, the Company has been engaged almost exclusively in the manufacture of war ma- terials for the United States Government. The Company operates plants in Detroit, Hamtramck, Highland Park, Center Line, and Marysville, Michigan; Newcastle, Evansville, and Kokomo, Indiana; and Los Angeles, California. The Company also owns between 25 and 30 subsidiaries in the United States. This proceeding is concerned with the Evansville Ordnance Plant alone. Prior to February 1942, the Company manufactured approximately 1,200,000 automobiles and trucks per year. The Company employs more than 65,000 persons at its various plants. From sources outside the State in which each plant is located, the Company receives approxi- mately 45 percent by value of the raw material used at said plant. The aggregate value of raw materials used by the Company exceeds $240,- 000,000 per year. At its respective plants, the Company delivers sub- stantially all its products to the United States Government. II. THE ORGANIZATION INVOLVED International Union, United Automobile , Aircraft & Agricultural Implement Workers of America, Local Union No. 211, is a' labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. TIIE QUESTION CONCERNING ]REPRESENTATION The parties stipulated at the hearing that a question concerning .representation has arisen in that the Union requested the Company to recognize it as sole bargaining representative for the plant-protec- tion employees of the Company in the unit claimed as appropriate. The Company refused so to recognize the Union unless and until the Union is duly certified as such by the Board. A statement of the Regional Director, introduced into, evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 - ' i 2 The Regional Director reported that the Union had submitted 124 application cards, of which 107 were dated October, November, and December, 1942, and the remainder un- dated ; that 111 cards, all of which appeared to bear genuine original signatures , bore the names of persons on the Company's pay roll of December 1 , 1942, containing a total of 192 names within the appropriate unit. 262 DECISIONS OF NATIONAL LABOR RELATIONS B,OAR'D We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE 'UNIT The Union desires a bargaining unit composed of plant-protection employees of the Company's Evansville Ordnance Plant. The parties agree, and we find, that chiefs, captains, fire chiefs, fire marshals, sergeants, desk sergeants, relief sergeants, confidential clerks and investigators should be excluded from this unit of non-supervisory plant-protection employees. Employees in similar categories were ex- cluded from units of plant-protection employees found appropriate in the prior representation proceedings involving other plants of the Company.3 In accordance with our previous decisions and the facts herein, we find that all plant-protection employees of the Company at its Evans- ville Ordnance Plant, excluding chiefs, captains, fire chiefs, fire mar- shals, sergeants, desk sergeants, relief sergeants, confidential clerks and investigators, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were exrployed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction., DIRECTION OF ELECTION 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, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Chrysler Corpora- tion, Evansville Ordnance Plant, Evansville, Indiana, an election,by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the, date of this Direction of Election, under the direction and, supervision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Rela- 3 Chrysler Corporation and Local #114, International Union, United Automobile, Aircraft Agricultural Implement Workers of America (UAW-CIO), 46 N L. R 8 411. CHRYSLER CORPORATION 263 tions Board, and subject to Article III, Section 10, of said Rules and Regulations, among all employees of the Company in the,unit found appropriate in Section IV, above, who were employed during the- pay- roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or'on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any, who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Workers 'of America, Local Union No. 211, .affiliated with the C. I. 0., for the purposes of collective bargaining.,