Chrysler Corp.

In the Matter of CHRYSLER CORPORATION and SOCIETY of DESIGNING ENGINEERS, LOCAL #201-FAECT-C. I. O. Case No. R-3799.-Decided May 19,194 Jurisdiction : automobile and ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; election necessary. Unit Appropriate for Collective Bargaining : designers, lay-out men, detailers, checkers, and record clerk in Truck Body Drafting Department , excluding executives and supervisors. Larkin, Rathbone cC Perry, by Mr. T. R. Iserman and Mr. Donald Hastings, of New Yor1 City, for the Company. Mr. Maurice Sugar and Mr. Jack N. Tucker, of Detroit, Mich., for the Union. Mr. Charles TV. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Society of Designing Engineers, Local #201-FAECT-CIO, herein called the Union, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Chrysler Corporation, Detroit, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Frederick P. Mett, Trial Examiner. Said hearing was held at Detroit, Michigan, on May 5, 1942. The Company 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. ' Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Chrysler Corporation, a Delaware corporation having its principal office in Detroit, Michigan, is primarily engaged in the manufacture 41 N. L. R. B., No. 19. 88 CHRYSLER CORPORATION 89 and sale of automobiles, parts, and accessories . At the present time, the Company has contracts,of substantial value for the manufacture of war materials for the United States Government. The Company maintains manufacturing plants in the States of Michigan, Indiana, and California. The raw materials used annually by the Company at its plants approximate in value $240,000,000, and the value of its finished products is about $625,000,000 a year. Approximately 45 percent of the materials used and approximately 75 percent of the products manufactured at the Company's plants are transported in commerce.' The present proceeding involves only employees of the Company's Truck Body Drafting Department in the city of Detroit, Michigan. The department is engaged in designing military vehicles for the United States and Canadian Goy ernments. II. THE ORGANIZATION INVOLVED Society of Designing Engineers, Local #201-Federation of Archi- tects, Engineers, Chemists and Technicians, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. ' THE QUESTION CONCERNING REPRESENTATION On February 13, 1942, the Union requested recognition as bargain- ing representative of the engineers and technicians in the Company's Truck Body Drafting Department. On February 16 the Company declined to recognize the Union as such representative. A report of the Regional Director, introduced in evidence at the hearing, indicates that the Union represents a substantial number of employees in the 'unit which we hereinafter find to be appropriate.2 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. i In accordance with a stipulation of the parties , we find that there has been no substantial change in the extent of the Company s business since the issuance of the decisions of the Board in Matter of Chrysler Corporation and United Automobile lVorker8 of America, Local 371, et at., 13 N. L. R. B 1303; Matter of Dodge llrotheis Division- C/utitlet Corporation and Society of Designing Engiiirete, Chapter #201-F A E C T - C I. O, et at , 33 N L R B 927; and matter of Chrysler Corporation , Chit/sler Motor Division and Society of Designing Engineers, Local #201 , F A E C ' T -C I O , 38 N L. It B 749, in which the Board made certain findings of fact with respect to the Company's operations 2 The Union submitted to the Regional Director 22 membership application cards, all containing apparently genuine original signatures All the si natures' are the names of persons on the Company 's pay roll of iindisciosed , (late According to the statement by the Regional Diiecttr , dated March 24, 11142, it appears from the Union 's dues records that all 22 persons were members in good standing at that time . There are approxi- mately 45 persons in the appropriate unit. 90 DECISIONS OF NAT'ION'AL LABOR ',R'ELATIONS BOARD IV. THE APPROPRIATE UNIT The Company takes no position as to the appropriate unit. The Union contends, and we find, that all designers, lay-out men, -detailers, checkers, and the record clerk employed in the Truck Body Drafting Department,3 excluding executives and supervisors, constitute a unit appropriate for the purposes of collective, bargaining, within the meaning of Section 9 (b) of the Act.4 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 employed 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 Rela- tions Act, 49 Stat. 449, 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 to ascertain representa- tives for the purposes of collective bargaining with,Chrysler Corpo- ration, Detroit, Michigan, 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 super- vision 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 the employees of the Company in the unit found to be appro- priate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including 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 $ Sometimes referred to in the record as the Truck Body Engineering division. * The Board has previously found appropriate substantially similar units in other plants of the Company. See Matter of Dodge Brothers Dtivision-Chrysler Corporation and Society of Designing Engineers, Chapter #201-F A. E C. T -C. 1 0, et al, 33 N. L R B. 927 ; Matter of Chrysler Corporation, Chrysler Motor Division and Society of Designing Engineers, Local # 201, F A E. 0. P-C I. 0., 38 N. L. R. B 749 CHRYSLER CORPORATION 91 any who have since quit or been discharged for cause, to determine whether or not they desire to be relue-ented by Society of Designing Engineers, Local #201-Federation of Architects, Engineers, Chem- ists and Technicians, affiliated with the Congress of Industrial Organizations. . - - MR. GERARm D. REILLY took no part in the consideration of the above Decision and Direction of Election. In the Matter Of CHRYSLER CORPORATION and SOCIETY OF DESIGNING ENGINEERS, LOCAL #201-FAECT-CIO Case No. R-3799 - CERTIFICATION OF REPRESENTATIVES June 23, 1942 On May 19, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceedings." Pursuant to the Direction of Election, an election by secret ballot was conducted on June 5, 1942, under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan). On June 8, 1942, the Regional Director, acting pursuant to Article III, Section 9, for National Labor Relations Board Rules and Regu- lations-Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list------ ----------------------------- 51 Total ballots cast---------------------------------------- 47 Total ballots challenged---------------------------------- 0 Total blank ballots-------------------------------------- 0 Total void ballots--------------------------------------- 0 Total valid votes counted --------------------------------- 47 Votes cast for Society of Designing Engineers , Local 201- Federation of Architects, Engineers , Chemists and Tech- nicians, affiliated with the Congress of Industrial Or- ganizations -------------------------------------------- 30 Votes cast against Society of Designing Engineers, Local 201-Federation of Architects, Engineers, Chemists and Technicians, affiliated with the Congress, of Industrial Organization-------------------------------------------- 17 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, 141N L. R.B 88. 41 N. L. It. B., No. 19a. 92 CHRYSLER CORPORATION 93 of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Society of Designing Engineers, Local 201-Federation of Architects, Engineers, Chemists and Technicians, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the designers, lay-out men, detailers, checkers, and the record clerk employed in the Truck Body Drifting Department of Chrysler Corporation, Detroit, Michigan, 'cacluding executives and supervisors, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Society of Designing Engineers, Local 201-Federation of Architects, Engineers, Chemists and Technicians, affiliated with the Congress of Industrial Organizations, is the exclusive representa- tive of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.