Chrysler Corp.

In the Matter of CHRYSLER CORPORATION and UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 371, AFFILIATED WITH C. I. 0. In the Matter of CHRYSLER CORPORATION and INTERNATIONAL ASSOCIA- TION OF MACHINISTS DIE SINKERS LOCAL 1222 , AFFILIATED WITH A. F. L. In the Matter Of CHRYSLER CORPORATION , A CORPORATION and INTER- NATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFIL- IATED WITH THE C. I. 0. In the Matter of CHRYSLER CORPORATION , A CORPORATION and LOCAL 51, INTL. UNION, UNITED AUTOMOBILE WORKERS OF AMERICA ( C. I. 0. AFFILIATE) , OF WHICH LOCAL LEO LAMOTTE IS PRESIDENT Cases Nos. R-1307, R-1308, R-1398, and R-1397, respectively Automobile Manufacturing Industry-Supplemental Decision-Unit Appropriate for Collective Bargaining: differs from unit found in original decision : single unit embracing those plants of the respondent in which C. I. O.-U. A. W. ob- tained a majority; separate unit as to die sinkers in Department No. 57 at the New Castle plant-Certification of Representatives: following election. SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES November 16, 1939 On July 31, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections 1 in the above- entitled proceeding. On August 17, 1939, the Board issued an Amendment to Direction of Elections,2 on September 13, 1939, a Sec- ond Amendment to Direction of Elections,3 and on September 18, 1939, a Third Amendment to Direction of Elections.4 In the Decision the Board found, inter alia, that the production and maintenance em- ployees, with specified exceptions, at each of 11 plants 5 of the 1 13 N. L. R. B. 1303. 2 1-1 N. L. R. B. 788. 315 N. L. R. B. 263. 415 N. L. R. B. 263. S Dodge Main, Dodge Forge, Dodge Truck , De Soto, Highland Park, Amplex-Harper, Plymouth , Marysville , Evansville, Kokomo, and Los Angeles plants. 17 N. L. R. B., No. 64. 737 7 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Chrysler Corporation , herein called the Company , and the produc- tion and maintenance employees of 2 plants together,' constitute units appropriate for the purposes of collective bargaining. The Board further found that the composition of the unit at the New Castle plant was dependent upon the outcome of an election directed among certain employees claimed to constitute a separate die sinkers' unit. Pursuant to the Direction of Elections , as amended , elections by secret ballot were conducted on September 27 and 28, 1939 , under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan), with the assistance of the Regional Di- rectors for the Eleventh (Indianapolis , Indiana ) and Twenty-first Regions (Los Angeles, California ). On October 6, 1939, the Regional Director for the Seventh Region , acting pursuant to Article III, Sec- tion 9, of the National Labor Relations Board Rules and Regula- tions-Series 2, issued and duly served upon the parties his Election Report. As to the balloting and its results , the Regional Director reported as follows : NEW CASTLE PLANT-DIE SINKERS Total numb,^r eligible to vote------------------------------ 87 Total number of ballots cast------------------------------- 86 Total number of valid votes cast--------------------------- 86 Total number of votes for C. I. 0., International Union, United Automobile Workers of America------------------ 12 Total number of votes for Int'l. Association of Machinists, Die Sinkers, Local 1222--------------------------------- 71 Total number of votes for neither------------------------- 3 Total number of challenged ballots------------------------ 0 Total number of blank ballots----------------------------- 0 Total number of void ballots------------------------------ 0 NEW CASTLE PLANT-PRODUCTION Total number eligible to vote------------------------------ 3,344 Total number of ballots cast------------------------------ 3,180 Total number of valid votes cast--------------------------- 3,170 Total number of votes for A. F. L., International Union, United Automobile Workers of America------------------ 60 Total number of votes for C. I. 0., International Union, United Automobile Workers of America----------------- 2, 277 Total number of votes for New Castle Chrysler Employees Assoc., Local No. 10 of the National Independent Union of America, Inc -------------------------------------------- 722 Total. number of votes for none of the organizations-------- 111 Total number of challenged votes-------------------------- 4 Total number of void ballots------------------------------ 4 Total number of blank ballots----------------------------- 2 $ Chrysler Jefferson and Chrysler Kercheval plants. CHRYSLER CORPORATION JEFFERSON-KERCHEVAL PLANT Total number eligible to vote____________________________ Total number of ballots cast____________________________ Total number of valid votes cast________________________ Total number of votes for C. I. 0., International Union, 9,274 8, 524 8, 306 United Automobile Workers of America________________ 7, 209 Total number of votes for A. F. L., International Union, United Automobile Workers of America________________ 391 Total number of votes for neither________________________ 706 Total number of challenged votes________________________ 171 Total number of void ballots____________________________ 38 Total number of blank ballots__________________________ 9 DODGE MAIN PLANT Total number eligible to vote_____ _______________________ 21,894 Total number of ballots cast ____________________________ 20, 920 Total number of valid votes cast________________________ 20, 585 Total number of votes for C. I. 0., International Union, United Automobile Workers of America _______________ 17, 654 Total number of votes for A. F. L., International Union, United Automobile Workers of America ________________ 837 Total number of votes for neither______________________ Total number of challenged votes________________________ Total number of void ballots____________________________ Total number of blank ballots__________________________ DODGE FORGE PLANT 2,094 267 28 40 Total number eligible to vote____________________________ 1,283 Total number of ballots cast____________________________ 1,216 Total number of valid votes cast________________________ 1, 210 Total number of votes for C. I. 0., International Union. United Automobile Workers of America________________ 1, 065 Total number of votes for A. F. L., International Union, United Automobile Workers of America________________ 33 Total number of votes for neither________________________ 112 Total number of challenged votes_______________________ Total number of void ballots ____________________________ Total number of blank ballots___________________________ DODGE TRUCK PLANT 3 3 0 Total number eligible to vote____________________________ 2, 001 Total number of ballots cast____________________________ 1, 735 Total number of valid votes cast_________________________ 1,689 Total number of votes for C. I. 0., International Union, United Automobile Workers of America________________ 1, 523 Total number of votes for A. F. L., International Union, United Automobile Workers of America________________ 38 Total number of votes for neither_______________________ 128 Total number of challenged votes______________________ 45 Total number of void ballots____________________________ 0 Total number of blank ballots____________________________ 1 739 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD' DESOTO PLANT Total number eligible to vote____________________________ Total number of ballots cast____________________________ Total number of valid votes cast________________________ Total number of votes for C. I. 0., International Union, 1, 923 1, 777 1,769 United Automobile Workers of America________________ 1, 582 Total number of votes for A. F. L., International Union, United Automobile Workers of America________________ 57 Total number of votes for neither______________________ 1.30 Total number of challenged votes________________________ 0 Total number of void ballots____________________________ 7 Total number of blank ballots__________________________ 1 HIGHLAND PARK PLANT Total number eligible to vote____________________________ 2,650, Total number of ballots cast____________________________ 2, 399 Total number of valid votes cast________________________ 2,368 Total number of votes for C. I. 0., International Union, United Automobile Workers of America_______________ 1, 917 Total number of votes for A. F. L., International Union, United Automobile Workers of America________________ 96 Total number of votes for neither________________________ 355 Total number of challenged votes________________________ 27 Total number of void ballots____________________________ 2 Total number of blank ballots____________________________ 2 AMPLEx-HARPER PLANT Total number eligible to vote____________________________ 215 Total number of ballots cast_____________________________ 202 Total number of valid votes cast ------------------------- 197 Total number of votes for C. I. 0., International Union, United Automobile Workers of America________________ 156 Total number of votes for'A. F. L., International Union, United Automobile Workers of America_______________ 3 Total number of votes for neither________________________ 38 Total number of challenged votes_______________________ 5 Total number of void ballots ____________________________. 0 Total number of blank ballots____________________________ 0 PLYMOUTH PLANT Total number eligible to vote____________________________ 9,169 Total number of ballots cast____________________________ 8, 783 Total number of valid votes cast ------------------------- 8,710 Total number of votes for C. I. 0., International Union, United Automobile Workers of America________________ 5, 585 Total number of votes for A. F. L., International Union, United Automobile Workers of America________________ 2, 771 Total number of votes for neither_______________________ 354 Total number of challenged votes________________________ 60 Total number of void ballots____________________________ 9 Total number of blank ballots___________________________ •4 CHRYSLER CORPORATION MARYSVILLE PLANT 741 Total number eligible to vote______________________________ 643 Total number of ballots cast______________________________ 591 Total number of valid votes cast__________________________ 575 Total number of votes for C.. I. 0., International Union, United Automobile Workers of America__________________ 519 Total number of votes for A. F. L., International Union, United Automobile Workers of America__________________ 30 Total number of votes for neither__________________________ 26 Total number of challenged votes__________________________ 15 Total number of void ballots______________________________ 1 Total number of blank ballots_____________________________ 0 Los ANGELES PLANT Total number -eligible to vote______________________________ 716 - Total number of ballots cast______________________________ 670 Total number of valid votes cast__________________________ 659 Total number of votes for C. I. 0., International Union, United Automobile Workers of America__________________ 585 Total number of votes for A. F. L., International Union, United Automobile Workers of America__________________ 5 Total number of votes for neither_________________________ 69 Total number of challenged ballots________________________ 10 Total number of void ballots______________________________ 1 Total number of blank ballots_____________________________ 0 Objections have been filed with the Regional Director for the Seventh, Region as to the elections conducted at the Evansville and Kokomo plants. The Regional Director has not completed his in- vestigation of the matters specified in the objections. No objections or exceptions have been filed by any of the parties as to the elections conducted at the following plants : New Castle, Chrysler Jefferson, Chrysler Kercheval, Dodge Main, Dodge Forge, Dodge Truck, DeSoto, Highland Park, Amplex-Harper, Plymouth, Marysville, and Los Angeles. On October 26, 1939,' the International Union, United Automobile Workers of America, affiliated with the C. I. 0., herein called the C. I. O.-U. A. W., United Automobile Workers of America, Local 371, affiliated 'with C. I. O., and Local 51, International Union, United Automobile Workers of America (C. I. O. affiliate) of Which Local Leo LaMotte is President filed with the Board a "Motion to Amen() Decision and For Certification," in which the Board was requested to amend its Decision so as to establish an appropriate unit consisting of the production and maintenance employees in all of the plants of the ,Company, or, in the alternative in those plants of the Company in On October 11, 1939, the C. I. O.-U. A. W. filed a motion to amend the decision so as to establish a single unit embracing all the plants of the Company and for certification of the C. I. O.-U. A. W. as the exclusive representative in such a unit. The Board denied this motion. 742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD which the C. I. O.-U. A. W. had been designated as collective bargain- ing agent by a majority of the production and maintenance em- ployees. Both the Company and the A. F. L.-U. A. W. opposed the motion of the C. I. O.-U. A. W. The C. I. O.-U. A. W. also re- quested permission to argue orally and to file briefs . The Congress of Industrial Organizations filed a motion for permission to intervene for the purpose of arguing orally and filing briefs on the motion of the C. I. O.-U. A. W. On October 27, 1939, the Board granted the second motion of the C. I. O.-U. A. W. to the extent of permitting oral argument and the filing of briefs , and on October 28, 1939, granted the motion of the Congress of Industrial Organizations. Pursuant to notice, a hearing for the purpose of oral argument on the motion of the C. I. O.-U. A. W. was held before the Board at Washington, D. C., on November 8, 1939. The C. I. O.-U. A. W., the Congress of Industrial Organizations , the I. A. M., and the Company, were represented by counsel and participated in the argument. The C. I. O.-U: A. W., the Congress of Industrial Organizations, the International Union, United Automobile Workers of America, affili- ated with the A. F. of L., and the Company filed briefs, which the Board has considered. Upon the entire record in the case, the Board makes the following supplemental findings of fact which supersede , to the extent that they are inconsistent therewith , the findings of fact made in the Board's Decision and Direction of Elections : 8 SUPPLEMENTAL FINDINGS OF FACT I. THE APPROPRIATE UNIT A. The die sinkers We stated in our Decision that we would consider the desires of the employees in Department No. 57 at the New Castle plant who are die sinkers or are employed in the manufacture or maintenance of dies used to complete forgings, in determining whether they are to be represented separately or together with the balance of the employees at that plant. The results of the election on September 29, 1939, indicate that the die sinkers desire to be constituted a separate appropriate unit. We accordingly find that the employees in Department No. 57 of the New Castle plant who are die sinkers or are employed in the manufacture or maintenance of dies used to complete forgings , excluding super- visory employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to these employees; 8 13 N. L. R. B. 1303. CHRYSLER CORPORATION 743 of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. B. The plant units In its motion, the C. I. O.-U. A. W. requests the Board to amend its Decision so as to establish a single appropriate unit consisting of the production and maintenance employees of the Company at all of its plants, or, in the alternative, at those of the Company's plants at which the majority of the production and maintenance employees have chosen the C. I. O.-U. A. W. as their collective bargaining agent. Both the Company and the A. F. L.-U. A. W. oppose the motion of the C. I. O.-U. A. W., contending that the production and mainte- nance employees at each plant constitute an appropriate unit. In our original decision we pointed out that the past history of collective bargaining in the plants had not established a pattern of bargaining upon the basis of a single bargaining unit, and further that there was no indication in the record of the relative strength of the C. I. O.-U. A. W. and the A. F. L.-U. A. W. in the various plants. The results of the elections, which are a part of the investigation conducted by the Board, now show that the C. I. O.-U. A. W. has been designated as collective bargaining agent by a majority of the produc- tion and maintenance employees at 12 plants of the Company.° The employees at these 12 plants have, in the exercise of the right to self- organization guaranteed by the Act, chosen the same organization to represent them in collective bargaining. In view of this fact and in view of the fact that problems of wages, hours, and working condi- tions arising at each of the plants are similar, we believe that all the employees in those plants where the C. I. O.-U. A. W. obtained a majority may properly constitute a single bargaining unit. We accordingly find that all the production and maintenance em- ployees of the Company at the Chrysler Jefferson, Chrysler Kerch eval, Dodge Alain, Dodge Forge, Dodge Truck, DeSoto, Highland Park, Amplex-Harper, Plymouth., Marysville, Los Angeles, and New Castle plants, excluding foremen, assistant foremen, timekeepers, plant-protection employees, office employees, confidential salaried employees, and salaried engineers, and excluding employees in Department No. 57 of the New Castle plant who are die sinkers or who are employed in the manufacture and maintenance of dies used to complete forgings, constitute a single unit appropriate for the purposes of collective bargaining and that said unit will insure to these employees of the Company the full benefit of their right to ° As stated above, in the New Castle plant, the employees of Department No. 57 who were die sinkers or employed in the manufacture or maintenance of dies used to complete forgings, voted for separate representation. 247384-40-vol. 17-48 744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD self-organization and to collective bargaining and otherwise ef- fectuate the policies of the Company. In view of the pending investigation of objections to the elections at the Evansville and Kokomo plants we shall not make any disposi- tion of the case with respect to those plants until completion of such investigation. Upon the basis of the above supplemental findings of fact, the findings of fact not inconsistent therewith which were made in the Board's Decision and Direction of Elections ,'0 and the entire record in the case , the Board makes the following conclusions of law which supersede, to the extent that they are inconsistent therewith, the conclusions of law made in said Decision and Direction of Elections. CONCLUSIONS OF LAW 1. All employees of the Company in Department No. 57 at the New Castle plant who are die sinkers or are employed in the manu- facture or maintenance of dies used to complete forgings , excluding supervisory employees , constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 2. All the production and maintenance employees of the Company at the Chrysler Jefferson, Chrysler Kercheval , Dodge Main, Dodge Forge, Dodge Truck, DeSoto, Highland Park, Amplex-Harper, Plym- outh;, Marysville, Los Angeles, and New Castle plants, excluding foremen, assistant foremen, timekeepers , plant-protection employees, office employees, confidential salaried employees , and salaried en- gineers, and, in addition, excluding, at the New Castle plant only, the employees of Department No. 57 of that plant who are die sinkers or are employed in the manufacture or maintenance of dies used to complete forgings , constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY CERTIFIED that the International Association of Machin- ists, Die Sinkers Local 1222, affiliated with A. F. L., has been desig- nated and selected by a majority of all employees of Chrysler Corpo- io 13 N . L. R. B. 1303. CHRYSLER CORPORATION 745 ration at its New Castle plant, in Department No. 57, who, are die sinkers or are employed in the manufacture or maintenance of dies used to complete forgings, excluding supervisory employees, as their repre- sentative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, the International Association of Machinists, Die Sinkers Local 1222, affiliated with A. F. L., is the exclusive. representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT Is FURTHER CERTIFIED that the International Union, United Auto- mobile Workers of America., affiliated with the C. I. 0., has been desig- nated and selected by a majority of all the production and maintenance employees°of. Chrysler Corporation at the'Chrysler Jefferson, Chrysler Kercheval, Dodge Main, Dodge Forge, Dodge Truck, DeSoto, High- land Park, Amplex-Harper, Plymouth, Marysville, Los Angeles, and New Castle plants, excluding foremen, assistant foremen, timekeep- ers, plant-protection employees, office employees, confidential salaried employees, and salaried engineers, and, in addition, excluding at the New Castle plant only, the employees in Department No. 57 of that plant who are die sinkers or are employed in the manufacture or maintenance of dies used to complete forgings, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, the International Union, United Automobile Workers of America, affili- ated with the C. I. 0., is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employ- ment. AIR. EDWIN S. SMITH, concurring : While I adhere to the position expressed by me in my dissenting opinion in the original Decision herein, inasmuch as the majority has foreclosed the possibility of establishing a single bargaining unit of the production and maintenance employees in all the plants, I concur in the decision of the majority to include in a single unit those plants in which the C. I. O.-U. A. W. has obtained a majority in the elections. 746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [SAME TITLE] SECOND SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND ORDER November 27, 1939 On July 31, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding. On August 17, 1939, the Board issued an Amendment to Direction of Elections, on September 13, 1939, a Second Amendment to Direction of Elections, and on September 18, 1939, a Third Amendment to Direction of Elections. Pursuant to the Direction of Elections, as amended, elections by secret ballot were conducted on September 27 and 28, 1939, under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan) with the assistance of the Regional Di- rectors for the Eleventh (Indianapolis, Indiana) and Twenty-first (Los Angeles, California) Regions, among employees at specified plants of Chrysler Corporation, Detroit, Michigan, herein called the Company. On October 6, 1939, the Regional Director for the Sev- enth Region, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties his Election Report. As to the balloting and its results, the Regional Director reported, in part, as follows : EVANSVILLE PLANT Total number eligible to vote________________________________ 681 Total number of ballots cast________________________________ 664 Total number of valid votes cast____________________________ Total number of votes for C. I. 0., International Union, United 649 Automobile Workers of America -------------------------- 307 Total number of votes for A. F. L., International Union, United Automobile Workers of America__________________________ 335 Total number of votes for neither___________________________ 7 Total number of challenged ballots__________________________ 14 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 1 CHRYSLER CORPORATION KOICOMO PLANT 747 Total number eligible to vote________________________________ 575 Total number of ballots cast ________________________________ 556 Total number of valid votes cast____________________________ Total number of votes for C. I. 0., International Union, United 556 Automobile Workers of America__________________________ 173 Total number of votes for A. F. L., International Union, United Automobile Workers of America___________________________ 17 Total number of votes for neither____________________________ 343 Total number of challenged ballots__________________________ 23 Total number of blank ballots______________________________ 0 Total number of void ballots________________________________ 0 On October 10, 1939, the International Union, United Automobile Workers of America, Affiliated with the C. I. 0., one of the parties to this proceeding, filed with the Regional Director for the Seventh Region, "Objections , to Conduct of Ballot and Election Report" as to the elections conducted at the Evansville and Kokomo plants of the Company.5 The Acting Regional Director for the Seventh Region, acting pursuant to Article III, Section 9, of the Rules and Regulations, in- vestigated the matters set forth in the Objections , and, on November 16, 1939, issued his Report on Objections. The Board has considered the matters specified in the objections, and, on the basis of the Election Report, the Objections to Conduct of Ballot and Election Report, and the Report on Objections, finds that the objections do not raise any substantial and material issue with respect to the conduct of the ballot or the Election Report. CERTIFICATION OF REPRESENTATIVES 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, IT Is HEREBY CERTIFIED that International Union, United Automo- bile Workers of America, Affiliated with the A. F. L., has been designated and selected by a majority of all the production -and maintenance employees of Chrysler Corporation, at the Evansville b No objections to the conduct of the ballot or to the Election Report having been filed by any of the parties in regard to the elections conducted at plants of the Company other than at Kokomo and Evansville , the Board , on November 16, 1939, issued its Supplemental Decision and Certification of Representatives as to such other plants (17 N. L . R. B. 737). 748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plant, Evansville, Indiana, excluding, foremen, assistant foremen.; time- 'keepers,- plant-protection employees, office employees, confidential salaried employees, and salaried engineers as their representative for the purpose of collective bargaining and that, pursuant to the pro- visions of Section 9 (a) of the National Labor Relations Act, the Inter- national Union United Automobile Workers of America, Affili- ated with the A. F. L., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employ- ment. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY ORDERED that the petition for investigation and certi- fication of representatives, filed by International Union, United Auto- mobile Workers of America, Affiliated with the C. I. 0., be, .and the same is hereby dismissed, in so far as it relates to employees of Chrys- ler Corporation at its Kokomo, Indiana, plant. 17 N. L. R. B.,'No. 64a.