Chrysler Corp.

In the Matter Of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPO- RATION and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIE AND TOOLMAKERS LODGE No. 113 In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPO- RATION and INTERNATIONAL UNION, UNITED AUToforII.E, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (U. A. W.-C. 1. 0.) In the Matter Of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and INTERNATIONAL DIE SINKERS CONFERENCE , CHICAGO DIE SINKERS LOCAL 100 In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPO- RATION' and LOCAL B134 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A. F. OF L.) In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, CHICAGO FORGERS LOCAL No. 495, AMERICAN FEDERATION OF LA13OR In the Matter Of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and INTERNATIONAL UNION OF OPERATINiG ENGINEERS, LOCAL 399, AFFILIATED WITH A. F. OF L. In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL No. 7 , AFFILIATED WITH A. F. OF L. In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and CHICAGO DISTRICT COUNCIL, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA III the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and PIPE FITTERS A S S 0 C I A T 10 N, LOCAL 597 U. A. (A. F. or L.) In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and LOCAL 705, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L. In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR- PORATION and BRICKLAYERS , MASONS, AND PLASTERERS INTERNATIONAL UNION OF AMERICA, A. F. OF L., LOCAL 21 55 N. L. R. B., No. 114. 634 DODGE CHICAGO PLANT 635 Cases Nos. 13-1?-1876, 13-R-1894, 13-R-1909, 13-R-1923, 13-R-1990, 13-R-10029, 13-R-2030, 13-RDO42, 13-R-1118, 13-R-210 and 13-R-2326 respectively.Decided March 0, 1944. Mr. John R. Hill, for the Board. Rathbone, Perry, Kelley cC Drye, by dlr. T. R. Iserman, of New York City, and Mr. W. A. Bechill, of Chicago, Ill., for the Company. Messrs. P. L. Sie7niller and B. H. STcidmaore of Chicago, Ill., for the I.A.M. Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the U. A. W.-C. I. 0. dlr. J. G. Heiner, of Cleveland, Ohio, for the Die Sinkers. Messrs. Emory J. Smith, Thomas J. Finn, and Robert P. Brooks, of Chicago, Ill., for the I. B. E. W. Mr. A. J. L berhardy, of Chicago, Ill., and Mr. Gerald 1Vols f elt, of North Aurora, Ill., for the Blacksmiths. Daniel D. Carmell, by Mr. Leo Segall, Messrs. Fran; Wood and John Gavin,, of Chicago. Ill., for the Operating Engineers. Daniel D. Carmell, by Mr. Leo Segall, and Mr. James J. Kennedy of Chicago, Ill., for the Firemen and Oilers. Mr. Emory J. Smith, of Chicago, I11., for the Carpenters. Daniel D. Carmell, by Mr. Leo Segall, and Mr. John Hogan, of Chi- cago, Ill., for the Pipe Fitters. Messrs. Kenneth M. Hindley, John Russo, and Albert Tap horn, of Chicago, Ill., for the Teamsters. Messrs. G. Hallstroma and Joseph J. Zyr/cowski, of Chicago, Ill., for the Pattern Makers. Hr. 1Villiama J. Harrigan, of Hammond, Ind., for the Bricklayers. Mr. Seymour J. Spelman, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions and amended petitions duly filed by International Association of Machinists, Die and Toolmakers Lodge No. 113, herein called the I. A. M. ; International Union, United Automobile, Air- craft & Agricultural Implement Workers of America, U. A. W.- C. I. 0., herein called the U. A. W.-C. I. 0.; International Die Sinkers Conference, Chicago Die Sinkers Local 100, herein called the Die Sinkers; Local B134, International Brotherhood of Electrical Work- ers (A. F. of L.), herein called the I. B. E. W.; International Brother- hood of Blacksmiths, Drop Forgers and Helpers, Chicago Forgers 636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Local No. 495, herein called the Blacksmiths; International Union of Operating Engineers, Local 399, affiliated with A. F. of L., herein called the Operating Engineers; International Brotherhood of Fire- men and Oilers, Local No. 7, affiliated with the A. F. of L., herein called the Firemen and Oilers; Chicago District Council, United Brotherhood of Carpenters and Joiners of America, herein called the Carpenters; Pipe Fitters Association, Local 597 U. A. (A. F. of L.), herein called the Pipe Fitters; Local 705, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A. F. of L., herein called the Teamsters,1 alleging that questions affecting commerce had arisen concerning the representation of em- ployees of Chrysler Corporation, Chicago, Illinois, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Robert R. Rissman, Trial Examiner. Said hearing was held at Chi- cago, Illinois, on January 5, 6, 7, 8, 10, and 11, 1944. The Company, the I. A. AT., the U. A. W.-C. I. 0., the Die Sinkers, the I. B. E. W., the Blacksmiths, the Operating Engineers, the Firemen and Oilers, the Carpenters, the Pipe Fitters, the Teamsters, and the Pattern Mak- ers League of North America, Chicago Association (AFL), herein called 'he Pattern Makers, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, to introduce evidence bearing on the issues, and to file briefs with the Board. Subsequent to the hearing, the U. A. W.- C. I. O. f i l e d a motion to dismiss the petitions of the A. F. of L. Unions and the Die Sinkers on the ground that the bargaining units sought by said unions are inappropriate. For reasons set forth in Section IV, infra, said motion is hereby denied. Subsequent to the hearing, a petition was filed by Bricklayers, Ma- sons, and Plasterers International Union of America, A. F. of L., Local 21, herein called the Bricklayers, alleging that a question affect- ing commerce had arisen concerning the representation of certain employees of the Company. The National Labor Relations Board provided for an appropriate hearing upon due notice before Robert R. Rissman, Trial Examiner. Said hearing was held at Chicago, Illinois, on March 3, 1944. The Company, the Bricklayers, and the U. A. W.-C. I. O. appeared and participated. All parties were af- forded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the issues, and to file briefs with the Board. The Board, deeming it advisable to consider the record in the Bricklayers' case concurrently with the record iii the i All of the petitioning unions, except the U A W -C I 0 and the Die sinkers, are affiliated with the American Federation of Labor, and we shall sometimes hercnnatter reter to those unions collectively as the A. F L. Unions DODGE CHICAGO PLANT 637 previous consolidated cases, hereby consolidates the records in the two cases for the purposes of this decision. The Trial Examiner's rulings made at both hearings are free from prejudicial error and are hereby affirmed. Upon the entire consolidated record in the cases, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Chrysler Corporation, a Delaware corporation with principal offices in Detroit, Michigan, was formerly engaged in manufacturing automobiles and automobile parts and accessories at plants in Mich- igan, Ohio, Indiana, California, and Illinois. Since February 1942, the Company has been engaged almost exclusively in manufacturing war materials for the United States Government. From sources out- side the State in which each plant is located, the Company receives on the average approximately 45 percent by value of the raw materials used in each plant. The aggregate annual value of the raw materials employed by the Company in all of its plants exceeds $240,000,000. At the present time, the Company delivers substantially all of its finished products to the United States Government at the plant where the respective products are made. The present proceeding concerns only the Dodge Chicago Plant, Chicago, Illinois, where the Company is engaged in the manufacture and assembly of aircraft motors. This plant is owned by the Defense Plant Corporation, an instru- mentality of the United States Government, and is operated by the Company. We find that the Company is engaged in commerce at its Dodge Chicago Plant within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists , Die and Toolmakers Lodge No. 113; Local B134, International Brotherhood of Electrical Workers; International Brotherhood of Blacksmiths , Drop Forgers and Helpers , Chicago Forgers Local No. 495 ; International Union of Operating Engineers, Local 399 ; International Brotherhood of Fire- men and Oilers , Local No. 7 ; Chicago District Council, United Brotherhood of Carpenters and Joiners of America ; Pipe Fitters Association, Local 597 U. A. ; Local 705 , International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; Patters Makers League of North America , Chicago Association; and Bricklayers , Masons, and Plasterers International Union of America,' Local 21 are labor organizations affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. 638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, U. A. W.-C. I. 0., is a labor organiza- tion affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. International Die Sinkers Conference, Chicago Die Sinkers Local 100, is an unaffiliated labor organization, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION Prior to the filing of its petition herein, each of the petitioning labor organizations, except the Bricklayers, requested the Company to recognize it as the exclusive bargaining representative of the em- ployees within the bargaining unit which it alleges to be appropriate. The Company denied all of these requests for recognition, stating, in each case, that it had no evidence, nor did it believe that any of the labor organizations represented a majority of the employees within the alleged appropriate bargaining units. The International representative of the Bricklayers testified that he made no request upon the Company for recognition as exclusive bar- gaining agent because he was aware of the Company's policy, as stated to the other unions, not to deal with any union without certification by the Board. At the hearing counsel for the Company stated that the Company would not grant recognition to the Bricklayers prior to cer- tification by the Board. Statements of the Regional Director, introduced in evidence at the hearings, and statements of the Trial Examiner made at the hearings indicate that each of the petitioning unions represents a substantial number of employees in the unit it alleges to be appropriate.2 We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2 The following table summarizes the statements of the Regional Director and the Trial Examiner referred to above Name of Union Number of employees in unit alleged appropriate by Union Number of employees in alleged unit represented by Union* I A M-- - - ------------------------------------------------ U A W -C I 0 - ---------------- Die Sinkers I B E '1V Blacksmiths Operating Engineers -----_------------------------------- Firemen and Oilers Carpenters Pipe Fitters ------------------------------------------------------- Teamsters --------------------------------------------------------- Bricklayers ------------------------------------------------------- 1, 060 8, 356 47 285 232 18 48 145 113 17 12 382 3, 067 28 185 69 17 38 67 68 13 10 *The evidence of representation consists of authorization cards and application for membership cards bearing the apparently genuine original signatures of persons whose names appear on the Com- pany's pay roll of October 16, 1943, at the Dodge Chicago Plant Several of the unions submitted additional evidence of representation at the hearing, which is not included in the table The Brick- layers' evidence of representation was checked against the pay roll of February 13, 1944. DODGE CHICAGO PLANT 639 IV. THE APPROPRIATE UNIT Each of the petitioning unions, except the U. A. W.-C. I. 0., seeks a craft or departmental unit at the Dodge Chicago Plant, comprising, in the main, employees engaged in maintenance work. The U. A. W.- C. 1. 0. proposes an industrial unit embracing all production and main- tenance employees at the plant, with certain exceptions. The Com- pany takes no position with respect to the appropriate unit, except to contend that employees classified as leaders should be included in the bargaining unit or units , and all salaried clerical employees and all supervisory employees of the rank of assistant foreman, and above, should be excluded. The organization of the plant The Dodge Chicago Plant is located on the southwest side of Chicago and occupies an area approximately 1 mile long and more than 1/2 mile wide. There are approximately 20 buildings in the plant area, which is enclosed by fences and is patrolled by armed guards . The plant is divided into 11 divisions , each of which is composed of a number of departments . Some of the divisions constitute the accounting, cleri- cal, and executive branches of the plant ; some are maintenance, de- velopment, and operating branches ; others are devoted to production and assembly work. The entire plant is under the supervision of a general manager. Each division is under the supervision of a division manager and division superintendent. The departments are super- vised by assistant superintendents, general foremen , foremen, assistant foremen, master mechanics, plant engineers, and the directors of such departments as personnel, labor relations, and purchasing. The plant is entirely devoted to the manufacture and assembly.of aircraft engines for the United States Government. The unit proposed by the I. A. M. The I. A. M. contends that all employees in Department 331 (Tool- room, Manufacture, and Test) ; Department 335 (Cutter Grind) ; and Department 336 (Machine Repair) ; excluding all clerical and super- visory employees, constitute an appropriate bargaining unit. It is the work of the employees of Department 331 to maintain, repair, and build fixtures, tools, gauges, jigs , and other equipment for use in the Master Mechanics Division , and to set up tools and fixtures on the machines in that division . In Department 335, the employees are classified as cutter grinders and tool sharpeners and are engaged in sharpening and otherwise maintaining tools used in the Master Mechanics Divi- sion. The employees in Department 336 are engaged in repairing and oiling machines in the Master Mechanics Division. 640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The record discloses that the Company employs persons of these same classifications and skills in the Machine and Tool Engineering Department (#428) of the Foundry Division, and in the Die Shop (Dept. 557) and Hammer Repair Department (#558) of the Forge Division. It is the position of the I. A. M. that, while it is not seek- ing the inclusion of these employees in its unit, if the Board decides to include them, it will accept them and will bargain in their behalf. The unit proposed by the Die Sinkers The Die Sinkers claims that all employees working on dies or parts of dies used in the manufacture of forgings constitute an appropriate unit. The record indicates that all of these employees are found in Department 557 of the Forge Division, and constitute a highly skilled group. The unit proposed by the Blacksmiths The Blacksmiths seeks a unit comprising all employees of the Forge Division, excluding janmtors (Dept. 525), employees in Department 528 (Machine and Tool Engineering), electricians (Dept. 541), employees in the Die Shop (Dept. 557) who work on dies or parts of dies used in the manufacture of forgings, clerical employees and all super- visory employees of the rank of assistant foreman, and above. De- partment 528 (Machine and Tool Engineering) is comprised of tech- nical salaried employees. The Blacksmiths is also willing to exclude from its proposed unit those employees in Department 561 (Mainte- nance, Forge) who are claimed by the Carpenters, Pipe Fitters, and Bricklayers, if the Board finds that said employees may properly constitute separate groups. With respect to the Die Shop (Dept. 557 of the Forge Division) it is the position of the Blacksmiths that the toolroom employees in that department who are not within the unit claimed by the Die Sinkers, should be included in the I. A. M. unit. If, however, the Board does not place these toolroom employees in the I. A. M. unit, then the Blacksmiths is willing to include them in its proposed unit. The Blacksmiths take a similar position with respect to the employees in Hammer Repair Department (#558). The mzit proposed by the I. B. E. W. The I. B. E. W. claims that the following unit is appropriate: elec- tricians, electricians' helpers, oilers, assistant foremen, and foremen in Departments 241, 341, 441, and 541, excluding clerical employees, a truck driver in Department 341, general foremen, and supervisory employees above the rank of general foreman. The U. A. W. and DODGE CHICAGO PLANT 641 the Company take the position that all supervisors of the rank of as- sistant foreman, and above, should be excluded. These four departments constitute the Electrical Department, which is under the supervision of the chief electrician and the plant engineer. "'he record indicates that it is the work of the employees in these de- partments to maintain, repair, and oil electrical machinery, egtupment, and fixtures throughout the plant. The oilers are assigned exclusively to the oiling of electrical motors; including electric fans and blowers. Fhe truck driver employed in Department 341 drives a panel truck assigned to that department, which is used for the purpose of deliv- ering supplies, equipment, and tools from the electrical departments to the various departments of the plant where such equipment may be needed. The truck is also used for transporting motors, equipment, parts, and repairs from the plant to places outside of the plant for repair and for picking up various merchandise and equipment from places outside of the plant and transporting such items to the plant. This driver is not eligible for membership in I. B. E. W. He is eligible for membership in and is claimed by the Teamsters. The unit proposed by the Operating Engineers The Operating Engineers alleges that the appropriate unit consists of all operating engineers in powerhouses, reservoirs, and refrigerat- ing, air conditioning and air compressors units, including men classi- fied as foremen or supervising engineers, but excluding the chief engi- neer, assistant chief engineer, and clerical employees. The unit proposed by the Firemen and Oilers The Firemen and Oilers proposes the following unit: All boiler room operators, coal passers , ash handlers, oilers , crane operators, boiler repairmen, firemen, and helpers in Department 240 (oilerhouse) of the Plant Engineering Division, excluding the chemical solution tester, tool crib attendants, and excluding all other employees in De- partment 240. All of the employees sought to be included in this unit perform their work in the two boiler rooms of the plant, and are subject to the supervision of the chief engineer and his subordinates. The unit proposed by the Carpenters The Carpenters seeks a unit consisting of all carpenters, carpenter leadmen, and carpenter maintenance men in Department 242 (Car- penters), and all millwrights and millwright helpers in Department 345 (Millwrights), Department 461 (Maintenance, Foundry Division) 578129-44-vol 55--42 642 DECISIONS Or NATIONAL LABOR RELATIONS BOARD and Department 561 (Maintenance Forge Division), including fore- men and assistant foremen, and excluding clerical employees, carpen- ters' helpers, general foremen, assistant superintendent, and superin- tendent. It appears that in Department 242, the Company employs 96 car- penters,-including leaders, 4 helpers, 21 painters and glazers, and 6 laborers. In Department 345, the Company employs 5 leaders, 76 mill- wrights, 21 millwright helpers, 8 welders-maintenance, 7 machine operators, 36 oilers, 2 blacksmiths, 1 blacksmith helper, 5 crane opera- tors, 5 drivers-truck, 1 learner. In Department 461, the Company employs 7 pipe fitters (including leaders), 6 pipe fitter helpers, 14 oilers, 2 welders-maintenance, 18 millwrights, 6 millwright helpers. in Department 561 the Company employs 9 millwrights, 4 millwright helpers, 8 pipe fitters, 3 pipe fitter helpers, 1 welder-maintenance, 6 crane operators, 4 oilers, 9 furnace repairmen, and 3 laborers. The claims of the Carpenters are based upon the limitations of its trade jurisdiction and the custom established over a period of years. The carpenters are engaged in the usual occupations of their trade. The millwrights are engaged in erecting, moving, and maintaining ma- chinery throughout the plant. The unit proposed by the Pipe Fitters The Pipe Fitters contends that the following unit is appropriate : all pipe fitters, pipe fitter helpers, pipe fitter leaders, maintenance welders, foremen and assistant foremen in Department 246 (Steam Fitters and Masons) and pipe fitters, pipe fitter leaders, and pipe fitter helpers in Departments 461 (Maintenance, Foundry Division) and 561 (Maintenance, Forge Division), excluding the general foreman, la- borers and clerical employees. The U. A. W.-C. I. O. and the Com- pany would exclude foremen and assistant foremen as supervisory employees. The record reveals that it is the work of employees in this alleged appropriate unit to install, maintain, and repair all pipes throughout the plant. The unit proposed by the Teamsters The Teamsters seeks a unit consisting of all drivers operating ve- hicles outside of buildings, within and without the plant area, exclud- ing employees in the plant-protection department, passenger car drivers, station wagon drivers, all salaried drivers, foremen, assistant foremen and other supervisory employees, dispatcher, laborers, crane operators, material handlers, and checkers. It appears that the Company employs drivers in its Transportation and Yard Departments. In the Yard Department, the employees DODGE CHICAGO PLANT 643 operate not only trucks handling coal and other materials but also drive yard cleaning equipment such as sweepers and snow plows. The Company maintains several trucks for which it does not em- ploy regular truck drivers. One example of this is a truck in the electrical department which is used principally for repairing lights in the parking lot. This truck is driven by an electrician, incidental to his electrical duties. The Union does not desire to represent any such drivers.-- The Company employs station wagon drivers who operate a short bus line within the plant area. The Company also employs courtesy car drivers who drive passenger cars and drivers in the garage (Department 217-Service Garage) whose diving duties are incidental to the work of the garage. The Teamsters does not desire any of these drivers in the unit. The unit proposed by the Bricklayers The Bricklayers requests a unit of furnace repairmen, brick masons, and machinery repairmen who are bricklayers, excluding foremen and assistant foremen. The unit proposed by the U. A. W.-C. I. 0. The U. A. W.-C. I. 0. contends that the appropriate unit consists of all production and maintenance employees of the Company at the Dodge Chicago Plant, excluding timekeepers, plant-protection employees, office employees, confidential salaried employees, salaried engineers, and all supervisory employees of the rank of assistant foremen, and above. None of the parties questions the propriety of excluding timekeepers, plant-protection employees, confidential salaried employees, and salaried engineers from the unit proposed by the U. A. W.-C. I. 0. Included among the employees in the U. A. W.-C. I. O.'s proposed unit are pattern engineers, pattern makers, and pattern makers' ap- prentices. These employees are now represented by the Pattern Makers, intervenor herein, which, following a hearing and an elec- tion, was certified by this Board on September 16, 1943, as their ex- clusive bargaining representative. The Pattern Makers contends that its certification of September 16, 1943, constitutes a bar to a present determination of representatives among said employees. The U. A. W.-C. I. 0. takes the position that the certification should be no bar, on the ground that the election among the pattern makers was premature because, at that time, the Company employed less than one-tenth of the expected normal complement. The U. A. W.-C. I. 0. 8 However, the Teamsters does desire to represent the regular truck driver in Department 341 whose duties have been described above 644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD raised the same objection in the earlier proceeding and we found it to be without merit "since the expansion in employment in the balance of the plant will not affect the pattern makers unit." 3 There has been no material change in circumstance since the aforesaid decision. In view of this and the fact that the certification is less than a year old, we shall exclude these employees from the voting groups here- inafter established. Except for the employees in the Pattern Makers' unit, there is no history of collective bargaining among the employees in the Dodge Chicago Plant. From the foregoing, it appears that the employees in the units proposed by the A. F. of L. Unions and the Die Sinkers, except as discussed below, might properly constitute separate units or be merged in the industrial unit proposed by the U. A. W.-C. I. O. In these circumstances, we shall suspend our determination of the appropriate unit or units, pending the outcome of separate elections which we shall hereinafter direct. There remains for consideration i he specific composition of the voting groups. Superviso?,y employees: As stated above, some of the unions de- sire the inclusion of assistant foremen and foremen in their respective units., It is the position of the U. A. W.-C. I. O. and the Company that all supervisory employees of the rank of assistant foremen, and above, should be excluded. All supervisory persons, including as- sistant foremen and foremen, are on a monthly salaried pay roll. Assistant foremen and foremen engage in no manual labor, with the exception of assisting employees in times of emergency or for pur- poses of instruction or direction. All of the time of these supervisors is spent in direction, management, and supervision. Assistant fore- men and foremen are eligible for bonuses, vacation plans, insurance, and other employment activities, which differ greatly from facilities, activities, and privileges available to hourly paid production and maintenance workers. They have the right to hire and discharge or to recommend hire and discharge, and to take disciplinary action with respect to any employees under their supervision. They attend foremen's meetings and receive special advice and instructions from the Company with respect to their supervisory status. They handle personnel and labor relations in their various departments. The foremen, or supervising engineers, sought to be included by the Operating Engineers, have the usual and regular supervisory duties of other foremen, although it does appear that they are called upon to do more manual work than other supervisory employees. This fact, how- 4 Matter of Dodge Chicago Plant, Division of Chrysler Corporation , 52 N. L R B 1256. The I B E W , operating Engineers, Carpenters , and Pipe Fitters. DODGE CHICAGO PLANT 645 ever, does not distinguish them in any material way fr6m other super- visory employees. We are of the opinion, and find, that all employees of the rank of assistant foreman, and above, are supervisory employees and shall be excluded from the voting groups established hereinafter. Leaders: In the various maintenance, production, and assembly de- partments, the Company employs leaders. These persons are men or women, usually of greater skill or experience than other persons in the particular department or branch of the Company, who have the duties of directing and assisting fellow employees. Unlike assistant fore- men and others above that rank, leaders have no power to hire, dis- charge, or recommend any such action. The leaders are paid on an hourly basis and normally receive 5 cents per hour above the top ilass fication of fellow employees. Most of the leaders' time is spent In manual labor. It is the position of all the unions and the Company chat leaders should be included in the respective bargaining units. We shall include all leaders in the voting groups. Clerical employees: In the various divisions and departments of the plant, the Company employs clerical workers who are engaged as stenographers, clerks, record keepers, and in various other clerical ,apacities. These persons are on the salary pay roll and the Company employs no hourly paid clerical employees. They perform no manual labor on the products manufactured by the Company nor on the ma- chines, equipment, and tools used in the manufacture of the product or in the maintenance of the property. It is the position of all the Unions and the Company that these salaried clerical employees should oe excluded front all bargaining units. In view of the foregoing facts, we shall exclude all clerical employees from the voting groups. The I. A. N. unit As stated previously, the unit proposed by the I. A. M. consists of maintenance machinists in various classifications in Departments 331, 335, and 336. It appears that the Company employs persons of these same classifications and skills in Departments 428, 557, and 558. Since the unit is defined on the basis of skill and occupation, and the I. A. M. has indicated its willingness to include in the unit those employees in Departments 428, 557, and 558 who are of the same classifications as those in Departments 331, 335, and 336, we are of the opinion, and find, that the employees in Departments 428, 557, and 558, excluding those employees in Department 557 who work on dies or parts of dies used in the manufacture of forgings, should be grouped with the employees in the unit proposed by the I. A. M., for bargaining purposes. 646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Blacksmiths unit The Blacksmiths defines its unit as consisting of all employees of the Forge Division, excluding janitors, machine and tool engineers, elec- tricians, employees in Department 557 who work on dies or parts of dies used in the manufacture of forgings, employees to Department 561 (Maintenance) whose work brings them within the jurisdiction of the Carpenters, Pipe Fitters, and Bricklayers, and clerical and super- visory employees. The evidence shows that the employees in the proposed unit do not constitute a homogeneous or functionally coherent group. The term "Forge Division," as employed by the Blacksmiths, is a term used by the Company solely as a matter of accounting convenience, and, it in- cludes many departments which are, functionally, outside of the true forge division. Thus, it includes the Stores, Receiving, Shipping, and Material Handling Departments which are part of the Material and Stores Division, under the supervision of the planning superintendent of the entire plant. It also includes Department 527 which is part of the Inspection Division, under the direction of the chief inspector. It further includes the Janitors, Electricians and Maintenance Depart- ments which are a part of the Maintenance Division, under the super- intendent of Maintenance for the entire plant. Finally, it embraces a number of departments which constitute what might be termed the true forge division. These are Tool Stores and Cribs, Cutter Grind- ing, Blacksmiths, Hammer Shop (heavy), Steel Cutters, Hammer Shop (light), Rough Grind, Rough Turning, Heat Treat, Machine and Tool Engineering and Superintendents. The true forge division also includes two other departments-557 and 558. However, the em- ployees in these departments, because of their special skills, <ire within the jurisdiction of the Die sinkers and I. A. M., respectively, and are included in the groups sought by those unions. The Blacksmiths does not claim those employees and we shall not include them in this voting group. The remaining employees in the true forge division work di- rectly on the manufacture of forgings, or on the tools essential to the manufacture of forgings; they are under the same supervision and constitute an identifiable and homogeneous group. We shall there- fore limit the Blacksmiths' group to all employees in the true forge division, as defined above, excluding employees in Department 528 (Machine and Tool Engineering), clerical and supervisory employees. The Operating Engineers unit It appears that the Company employs persons in its powerhouses who are classified as chief engineers, assistant chief engineers, fore- men, steam engineers, coal passers, ash handlers, oilers, chemical solu- DODGE CHICAGO PLANT 647 t ion testers, crane operators, boiler operators, boiler repairmen, tool crib attendant, and general helpers. The employees sought by the Operating Engineers are classified by the Company as foremen (su- pervising engineers) and steam engineers. We have heretofore ex- cluded the foremen as supervisory employees. The voting group will thus consist of approximately 11 steam engineers, each of whom is licensed and has the duty of maintaining the boilers and other equip- ment in the powerhouses. The Br°icklayers -unit The Bricklayers proposes to include in its bargaining unit three groups of employees : furnace repairmen, briclauasons, and certain machinery repairmen who, it asserts, are bricklayers. The Company employs approximately 11 furnace repairmen in Maintenance Depart- ment 561. The furnace repairmen make repairs on the forge and heat treat furnaces, lining or relining these furnaces with brick. Although the record indicates from the testimony of W. A. Bechill, the Com- pany's Labor Relations Director, that furnace repairmen may be called upon to perform metal work and welding in addition to bricklaying, the principal work of furnace repairmen is bricklaying, and their principal skill and craft is bricklaying. The Company has a classi- fication of "brickmasons," but at the present time there are no persons employed in that classification. A representative of the Company stated that the Company expects to employ briclnnasons in the near future and that these employees will be engaged in making various re- pairs around the plant which require the laying of brick. It appears that the Company employs machinery repairmen in the foundry de- partments who on occasion lay brick incidental to their regular ma- chine repair duties. It does not appear however that these men are "bricklayers," as that term is generally understood in describing a uleniber of the craft, nor is bricklaying their principal skill. On the basis of the foregoing facts, we are of the opinion that the furnace repairmen and brickmasons constitute a sufficiently homo- geneous and identifiable group to be established as a separate voting group. However, the facts do not warrant the inclusion of the machinery repairmen in the same group. Upon the basis of the entire consolidated record in the case and in accordance with the foregoing findings of fact, we shall direct that elections be held among the employees in each of the groups set forth below. There shall be excluded from each of such voting groups, in addition to those specifically mentioned therein, all clerical employees, all employees of the rank of assistant foreman, and above, and all other supervisory employees with authority to hire, promote, disci- pline, discharge, or otherwise effect changes in the status of em- 648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees or effectively recommend such action. The respective voting groups shall be as follows: (1) All employees in Department 331 (Toolroom, Manufacturing and Test) ; Department 335 (Cutter Grind) ; Department 336 (Ma- chine Repair) ; Department 428 (Machine and Tool Engineering) ; Department 557 (Die Shop) ; and Department 558 (Hammier Repair), excluding employees in Department 557 (Die Shop) who work on dies or parts of dies used in the manufacture of forgings, to determine whether they desire to be represented by the I. A. M. or by the U. A. W.-C. I. 0., for the purposes of collective bargaining, or by neither; (2) All employees working on dies or parts of dies used in the manufacture of forgings, to determine whether they desire to be rep- resented by the Die Sinkers or by the U. A. W.-C. I. 0., for the pur- poses of collective bargaining, or by neither; (3) All employees in Department 533 (Tool Stores) ; Department 534 (Tool Cribs) ; Department 535 (Cutter Grinding) ; Department 549 (Blacksmiths) ; Department 850 (Hammer Shop-heavy) ; De- partment 851 (Steel Cutters) ; Department 852 (Hammer Shop- light) ; Department 855 (Rough Grind) ; Department 860 (Rough Turning) ; and Department 865 (Heat Treat) ; of the Forge Division, to determine whether they desire to be represented by the Black- smiths or by the U. A. W.-C. I. 0., for the purposes of collective bargaining, or by neither; (4) All electricians, electricians' helpers, and oilers in Departments 241, 341, 441, and 541, excluding the truck driver in Department 341, to determine whether they desire to be represented by the I. B. E. W. or by the U. A. W.-C. I. O., for the purposes of collective bargaining, or by neither ; (5) All steam engineers in the powerhouses, excluding foremen (supervising engineers), assistant chief engineer and chief engineer, to determine whether they desire to be represented by the Operating Engineers or by the U. A. W.-C. I. O., for the purposes of collective bargaining, or by neither; (6) All coal passers, ish handlers, oilers, crane operators, firemen, boiler operators, boiler repairmen, and general helpers in Department 240 (Boilerhouse), excluding the chemical solution tester, tool crib attendants, and all other employees in Department 240, to determine whether they desire to be represented by the Firemen and Oilers or by the U. A. W.-C. I. 0., for the purposes of collective bargaining, or by neither; (7) All carpenters, carpenter leadmen, carpenter maintenance men, millwrights, and millwright helpers employed in Departments 242, 345, 461, and 561, excluding all other employees of said departments, to determine whether they desire to be represented by the Carpenters DODGE CHICAGO PLANT 649 or by the U. A. W.-C. I. 0., for the purposes of collective bargaining, or by neither ; (8) All pipe fitters, pipe fitter leaders, pipe fitter helpers in De- partments 246, 461, and 561, and maintenance welders in Department 246, excluding laborers, and all other employees in said departments, to determine whether they desire to be represented by the Pipe Fitters or by the U. A. W.-C. I. 0., for the purposes of collective bargaining, or by neither ; (9) All drivers operating vehicles outside of buildings, within and without the plant area, excluding drivers in Department 217 (Serv- ice Garage), employees of the plant-protection department, station wagon drivers, salaried drivers, drivers of passenger cars exclusively, dispatchers, laborers, crane operators, material handlers, and checkers, to determine whether they desire to be represented by the Teamsters or by the U. A. W.-C. I. 0., for the purposes of collective bargaining. or by neither; (10) All furnace repairmen and brickmasons, to determine whether they desire to be represented by the Bricklayers or by the U. A. W.- C. I. 0., for the purposes of collective bargaining, or by neither; and (11) All remaining production and maintenance employees at the Dodge Chicago Plant, excluding pattern engineers, pattern makers, pattern makers' apprentices, timekeepers, plant protection employees, office and clerical employees, confidential salaried employees, salaried engineers, all employees of the Accounting Division; and in particular excluding employees of Departments 204 (Labor Relations), 207 (Superintendent General), 209 (Budget and Time Study), 229 (Ma- chine and Tool Follow-up), and 307 (Superintendent Manufacturing and Test). of the Production Manager Division; employees of De- partments 210 (Planning and Follow-up), 212 (Material Planning), and 279 (Central Estimating and Routing) of the Planning Division employees of Departments 238 (Model and Test), 251 (Engineering Superintendent), 252 (Laboratory), and 254 (Production Engineer- ing), of the Engineering Division; employees of Departments 228 (Machine and Tool Engineering General), 232 (Drafting and De- signing), 928 (Machine and Tool Engineering D. P. C.), and 951 (Construction Engineering), of the Plant Engineering Division; em- ployees of Departments 218 (Salvage Claims), 227 (Inspector Gen- eral), of the Inspection Division; employees of Departments 205 (Purchasing General), 206 (Traffic), 208 (Employment), 214 (Safety), 215 (Medical), 222 (Training School-except store-room employees), 224 (Plant Protection), 267 (Restaurant), 278 (Personnel), 905 (Pur- chasing D. P. C.), and 906 (Traffic D. P. C.), of the Miscellaneous Di- vision; employees of Departments 507 (Superintendent of Forge Divi- sion), 528 (Machine and Tool Engineering, Forge) and 407 ('Superin- 650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tendent of Foundry Division),° to determine whether or not they de- sire to be represented by the U. A. W.-C. I. 0., for the purposes of collective bargaining. As previously stated, there will be no final determination of the appropriate unit or units, pending the outcome of the elections herein- after directed. V. THE DETERMINATION OF REPRESENTATIVES The Company takes the position that this proceeding is premature because the full complement of employees will not be reached until some time between December 1944 and February 1945. The record indicated that by February 1944, the total employment would have reached approximately 50 percent of the anticipated peak. As of January 1, 1944, the Company employed 13,762 hourly paid employees and 4,500 salaried employees. It is anticipated that by February 1945 the Company will reach its total anticipated complement of 31,000 hourly paid employees. The employees now on the Company's pay roll constitute a fair cross section of those who will be ultimately employed. In view of the fact that at least 50 percent of the total anticipated complement has already been achieved, that the present employees constitute a fair cross section of those who will be ultimately employed, and that the anticipated peak will not be reached until early in 1945, Ave perceive no reason why the present employees should be deprived of the benefits of collective bargaining. Accordingly. Ave shall direct elections herein.7 We shall direct that the questions which have arisen concerning the representation of employees of the Company at its Dodge Chicago Plant be resolved, in part, by means of elections by secret ballot anlong the employees within the voting groups hereinbefore specified. The employees eligible to vote shall be those who were employed in eligible categories during the pay-roll period immediately preceding the date of the Direction of Elections, subject to the customary limitations and additions set forth in the Direction. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, it is hereby DIRECTrn that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Chrysler Corpora- 6 The employees in the departments set out above were excluded by agreement at the hearing. Miter of Aluminum Company of America, 52 N. L. R B. 1040. DODGE CHICAGO PLANT 651 tion , Chicago, Illinois, elections by secret ballot shall be conducted as ,early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations, among the employees in the voting groups set out below, who were employed during the pay-roll period immediately preceding the date of this Direction, in- cluding employees who did not work during said pay-roll period be- cause they were ill or on vacation or temporarily laid off, and includ- ing 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 and have not been rehired or rein- stated prior to the date of the election, and further excluding all cler- ic•al employees, all employees of the rank of assistant foreman, and above, and other supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action: (1) All employees in Department 331 (Toolroom Manufacturing -in(] Test) ; Department 335 (Cutter Grind) ; Department 336 (Ma- rh ne. Repair) ; Department 428 (Machine and Tool Engineering) Department 557 (Die Sliop) ; and Department 558 (Hammer Repair), excluding employees in Department 557 (Die Shop) who work on dies or parts of dies used in the manufacture of forgings, to determine whether they desire to be represented by International Association of Machinists, Die and Toolmakers Lodge No. 113, or by International Union, United Automobile. Aircraft & Agricultural Implement Work- ers of America (U. A. AV.-C. I. 0.), for the purposes of collective bargaining, or by neither; (2) All employees working on dies or parts of dies used in the manu- facture of forgings, to determine whether they desire to be represented by Chicago Die Sinkers Lodge No. 100 of International Die Sinkers Conference, or by International Union, United Automobile, Aircraft Agricultural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (3) All employees in Department 533 (Tool Stores) ; Department 534 (Tool Cribs) ; Department 535 (Cutter Grinding) ; Department 549 (Blacksmiths) ; Department 850 (Hammer Shop-heavy) ; De- partment 851 (Steel Cutters) ; Department 852 (Hammer Shop- light) ; Department 855 (Rough Grind) ; Department 860 (Rough Turning) ; and Department 865 (Heat Treat) ; of the Forge Division, to determine whether they desire to be represented by Chicago Forgers Local No. 495, A. F. of L., or by International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America 652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (4) All electricians, electricians' helpers, and oilers in Departments 241, 341, 441, and 541, excluding the truck driver in Department 341, to determine whether they desire to be represented by Local B134, International Brotherhood of Electrical Workers (A. F. of L.), or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (5) All steam engineers in the powerhouses, excluding foremen (supervising engineers), assistant chief engineer and chief engineer, to determine whether they desire to be represented by International Union of Operating Engineers, Local 399, affiliated with A. F. of L., or by International Union, United Automobile, Aircraft & Agricul- tural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (6) All coal passers, ash handlers, oilers, crane operators, firemen, boiler operators, boiler repairmen, and general helpers in Department 240 (Boilerhouse), excluding the chemical solution tester, tool crib attendants, and all other employees in Department 240, to determine whether they desire to be represented by International Brotherhood of Firemen and Oilers, Local No. 7, affiliated with A. F. of L., or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (7) All carpenters, carpenter leadmen, carpenter maintenance men, millwrights, and millwright helpers employed in Departments 242, 345, 461, and 561, excluding all other employees of said departments, to determine whether they desire to be represented by Carpenters District Council of Chicago, A. F. of L., or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (8) All pipe fitters, pipe fitter leaders, pipe fitter helpers in Depart- ments 246, 461, and 561, and maintenance welders in Department 246, excluding laborers, and all other employees in said departments, to determine whether they desire to be represented by Pipe Fitters Association, Local 597, U. A. (A. F. of L.), or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (9) All drivers operating vehicles outside of buildings, within and without the plant area, excluding drivers in Department 217 (Service Garage), employees of the plant-protection department, station wagon drivers, salaried drivers, drivers of passenger cars exclusively, dis- DODGE CHICAGO PLANT 653 patchers, laborers, crane operators, material handlers, and checkers, to determine whether they desire to be represented by Local 705, Interna- tional Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help- ers of America, A. F. of L., or by International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (10) All furnace repairmen and briclnnasons, to determine whether they desire to be represented by Bricklayers, Masons and Plasterers International Union of America, A. F. of L., Local 21, or by Inter- national Union, United Automobile, Aircraft & Agricultural Imple- ment Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining, or by neither; (11) All remaining production and maintenance employees at the Dodge Chicago Plant, excluding pattern engineers, pattern makers pattern makers' apprentices, timekeepers, plant-protection employees, office and clerical employees, confidential salaried employees, salaried engineers, all employees of the Accounting Division; and in particular excluding employees of Departments 204 (Labor Relations), 207 (Su- perintendent General), 209 (Budget and Time Study), 229 (Machine and Tool Follow-up), and 307 (Superintendent Manufacturing and Test), of the Production Manager Division; employees of Depart- ments 210 (Planning and Follow-up), 212 (Material Planning), and 279 (Central Estimating and Routing) of the Planning Division; em- ployees of Departments 238 (Model and Test), 251 (Engineering Su- perintendent), 252 (Laboratory), and 254 (Production Engineering), of the Engineering Division; employees of Departments 228 (Machine and Tool Engineering General), 232 (Drafting and Designing), 928 (Machine and Tool Engineering D. P. C.), and 951 (Construction En- gineering), of the Plant Engineering Division; employees of Depart- ments 218 (Salvage Claims), 227 (Inspector General), of the Inspec- tion Division; employees of Departments 205 (Purchasing General), 206 (Traffic), 208 (Employment), 214 (Safety), 215 (Medical), 222 (Training School-except store-room employees), 224 (Plant Protec- tion), 267 (Restaurant), 278 (Personnel), 905 (Purchasing D. P. C.), and 906 (Traffic D. P. C.), of the Miscellaneous Division; employees of Departments 507 (Superintendent of Forge Division), 528 (Ma- chine and Tool Engineering, Forge), and 407 (Superintendent of Foundry Division), to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (U. A. W.-C. I. 0.), for the purposes of collective bargaining. [See infra, 55 N. L. R. B. 1296 for Supplemental Decision and Amendment to Direction of Elections.]