Chrysler Motor Parts Corp.

In the Matter of CHRYSLER MOTOR PARTS CORPORATION DIVISION OF CHRYSLER CORPORATION and UNITED AUTOMOBILE , AGRICULTURAL AND AIRCRAFT WORKERS OF AMERICA, C I 0. . Case No R-3954 -Decided July 11, 1942 Jurisdiction automobile pacts distributing industry Investigation and Certification of Representatives: existence of question stipulation that Company refused to accord petitioner recognition until cer- tified by the Board, employees temporarily laid off and employee in armed forces held eligible to vote , employee lined for temporary work only held ineligible to vote, election necessary Unit Appropriate for Collective Bargaining. all employees in two of Company's plants, including the unit packing dep.iitment, but excluding supervisors, office workers, and plant protection employees or watchmen Mr Blair Foster, Mr Henry J Miller, and Mr J S. Reese, of Atlanta, Ga., for the Company Mr C H Gilman, of Atlanta, Ga , for the Union - Miss Melrvern R Krelow, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Automobile, Agricultural and Anciaft Workeis of America, C I 0, herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the rep- resentation of employees of Chrysler Motor Parts Corpoi ation Division of Chiysler Corporation,' Atlanta, Georgia, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas H Ramsey, Trial Examiner. Said hearing was held at Atlanta, Georgia, on June 19, 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 aie flee from prejudicial error and are hereby affirmed i Although the formal papers designate the name of the Company as Chrysler Motor Paits Coi poration, the stipulation of the parties concerning commerce refers to the Company as Chiislei Motor Parts Coipoiation Division of Chrysler Corporation 42NLBB,No75'- `313 314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Chrysler Motor Parts Corporation Division of Chrysler Corpora- tion, is an affiliate of the Chrysler Corporation having its principal office and place of business in Detroit, Michigan The Company oper- ates several plants of which only Depot No 3 in Atlanta, Georgia, is involved in this proceeding The Company is engaged, at Depot No. 3, in the wholesale distribution of automobile replacement parts of which almost 100 percent are shipped to Atlanta, Georgia, from points without the State of Georgia During the'first 6 months of 1942 sales within the State of Georgia by Depot No 3 averaged approximately $25,000 per month Sales to points without the State of Georgia during the same period averaged approximately $97,000 per month. The Company employs approximately 44 employees at Depot No 3 II TIIE ORGANIZATION INVOLVED United Automobile, Agricultural and Aircraft Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question concerning representation had arisen in that the Union requested exclusive recognition fiom the Company for the Company's warehouse employees, and the Company refused unless and until the Union is certified by the Board A report piepared by a Field Examiner of the Board, and intro- duced in evidence at the heating, indicates that the Union represents a substantial number of the employees of the Company in the unit alleged by it to be appiopiiate 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. IV THE APPROPRIATE UNIT The Union contends that all employees in the two, plants of the Company, located at East Point, Georgia, and at the coiner of Marietta 2 The Field Examiner iepoited that the Union submitted 20 authorization cards Of the 20 cards submitted , 17 beat the apparently genuine signatures of persons whose names appeflr on the Company's pay roll of June 1, 1942 T«el\e of the cards ate dated bet'^neen May 1941 and June 1942, and 5 ate undated There ate approximately 27 employees in the alleged unit CHRYSLER MOTOR PARTS CORPORATION 315 Street and Jones Avenue, Atlanta, Georgia, exclusive of supervisors, office workeis, unit packing department, and plant protection employ- ees or watchmen, constitute a unit appropriate for the purposes of collective baigaming The Company took no position with respect to the unit In September -1941 the Board held an election among substantially the same employees of the Company as those in'the unit herein alleged by the Union to be appropriate 3 The unit packing department was not in existence at that time. The employees in the two plants of the Company are engaged in receiving parts, storing those parts in bins within the plant, and then shipping those parts out on orders These employees are sometimes classified as stock pickers and shipping clerks. They are actually engaged in the receiving and shipping of automobile parts In addi- tion, there are employed in one of the plants a group called the "unit packing department," consisting of a crew of female employees They are engaged in placing small parts in protective wrappings or con- tainers. These are the same parts handled by the other employees in the plant These employees are eligible to membership in the Union We conclude', therefore, that the 'employees in the unit packing department are doing substantially the same kind of work as that engaged in by the other employees We accordingly find that they should be included in the unit 4 We find that all employees in the two plants of the Company located at East Point, Georgia, and at the corner of Marietta Street and Jones Avenue, Atlanta, Georgia, including the unit packing department, but excluding supervisors, office workers, and plant protection em- ployees of watchmen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 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 our Direction of Election herein, subject to the limitations and additions set forth in said Direction - 3 See Matte, of Chi yile, Moto) Parts Cot poration Division of Chrysler Corporation and United Automobile Workers of America , 34 N L R B 482 The record shows that aside from the "unit packing department " the classifications of employees in the present unit are substantially the same as those in the prior unit 4 See Matte) of Chrysler Motor Parts Corporation and International Union, United Automobile , Aircraft and Ag,wcaltural Implement Workers of America, affiliated with the C 1 0, 38 N L R B 1379 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The pay roll of June 1, 1942, introduced in evidence, contains the names of five employees who had been laid off since June 1, 1942, because of a drastic reduction of the Company's business No one has been hired in their places They are L R Godby, L C Pope C 0 Gilland, M T. Reese, and C G Buchanan The Company, if business warrants, intends to recall these employees to -v ork In ac- cordance with oni usual practice, we find that Godby, Pope, Gilland, Reese, and Buchanan, as well as all othei tempoiaiily laid-off em- ployees, are eligible to vote Three persons' names do not appear on the June 1 pay ioll The Company states that these employees, who are Walton, Howaid Smith. and Alexander, are no longer employees of the Company Walton joined they armed forces, Alexander quit, and Smith had been tempo- rarily employed for a specific fob' In accordance with our usual prac- tice we find that Walton is eligible to vote, and Alexander is not eligible to vote Since Smith was hired for temporary work and it appears that the Company never intended to employ him permanently, we find that he is not eligible to vote 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 Laboi Rela- tions Act, and pursuant to Ai title III, Section 8, of National Laboi Relations Board Rules and Regulations-Seises 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purpose of collective bargaining with Chiysler Motor Parts Corporation Division of Chrysler Corporation, Atlanta, Georgia. 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, under the direction and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period im- mediately 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 in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Automobile, Agricultural and Air- craft Workers of America, C. I O. for the purposes of collective bargaining