Chrysler Corp.

In the Matter of AIRTEMP DIVISION OF CHRYSLER CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO Case No.- R-2157.-Decided December 5, 191.0 Jurisdiction : cooling and heating equipment manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union; election necessary. Unit Appropriate for Collective Bargaining : all production employees and those employees directly associated with production, such as tool and die makers, and all maintenance employees, excluding plant protection, office and clerical employees (wherever located), foremen, assistant foremen, working and non-working group leaders, inspectors, employees in the engineering depart- ment, supervisors, and others having the right to hire and discharge. Larkin, Rathbone c Perry, by Mr. T. R. Iserman and -M,,;,.-J. D. Leary, of New York City, for the Company. Mr. Ernest De Maio, and Mr. John Go jack, of Dayton, Ohio, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 10, 1940, United Electrical, Radio & Machine Workers of America, C. I. O., herein called the Union, filed with the, Regional Director for the Ninth Region (Cincinnati, Ohio) a petition alleging that a question affecting commerce had arisen concerning the rep- resentation of employees of Airtemp Division of Chrysler Corpora- tion, Dayton, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 29, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 28 N. L. R. B., No. 55. 328 AIRTEMP DIVISION OF CHRYSLER CORPORATION 329 On,November 5, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. On- November 7, 1940, the Company filed a motion for a continuance. On November 8, 1940, the Regional Director issued an order granting the motion. Pursuant to notice, a hearing was held on November 18, 1940, at Dayton, Ohio, before Walter B. Chelf, the Trial Examiner duly designated by the Board. The Company was represented by counsel, the Union by its representatives; both par= ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the-course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rules are hereby affirmed. - *Upon the entire record in the case, the Board makes the 'following :- FINDINGS OF FACT - I. THE BUSINESS OF THE COMPANY Airtemp Division of Chrysler Corporation 'is a division of Chrys- ler Corporation which is a Delaware - corporation having its prin- cipal office and place of business at Detroit, Michigan. The Airtemp Division of Chrysler Corporation has its principal office and place of business at Dayton, Ohio, where-it is engaged in the manufacture of cooling and heating equipment. During 1939 Airtemp Division of Chrysler Corporation purchased approximately 300 tons of cast- ings, approximately 75 per cent of which were shipped to it from points outside the State of Ohio; 20 tons of forging, 75'per cent of which were purchased from points outside the State of Ohio; and -10 tons of copper -tubing, approximately all of which was shipped to it from points outside the State of Ohio. During this same period approximately 99 per cent of the finished products sold by .the Company were shipped by it to points outside the State of' Ohio. II. THE ORGANIZATION INVOLVED - United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organ- izations. It admits to membership all production employees and those employees directly associated with production of the Company,. including tool and die makers, and maintenance employees, but excluding office, clerical, and supervisory employees, inspectors, and employees in the engineering department. 330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On October 2, 1940, the Union requested sole bargaining rights of the Company. The Company refused to grant exclusive recog, nition to the Union until a bargaining representative had been determined by the Board. A statement of the Trial Examiner, introduced in evidence, shows=that the Union represents a substan- tial number of employees in the unit alleged by it to be appropriate.,,' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNIN G REPRESENTATION UPON COMMERCE . We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to, lead to labor dispute's burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agreed at the hearing that the ap- propriate unit should consist of all production employees and those employees directly associated with production, such as tool and die makers, and all maintenance employees of the Company, excluding plant protection, office, and clerical employees (wherever located),, foremen, assistant foremen, working and non-working group leaders, inspectors, employees in, the engineering department, supervisors, and others having the right to hire or discharge. We see no reason for departing from the desires of the parties. We find that all production' employees and those employees di- rectly associated with production, such as tool and die makers, and all maintenance employees of the Company, excluding plant pro= tection, office, and clerical employees (wherever located), foremen, assistant foremen, working and non-working group leaders, inspec- tors, employees in the engineering department, supervisors, and others having the right to hire or discharge, constitute a unit appro- priate for the purposes of collective bargaining, and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and other- wise effectuate the policies of the Act. ' The Trial Examiner's statement shows that 106 employees of the approximately 150 employees on the October 12, 1940, pay roll of the Company have signed authorization cards in the Union. AIRTEMP DIVISION OF CHRYSLER CORPORATION 331 VI. THE DETERMINATION OF REPRESENTATIVES . We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. Origi- nally, the Union stated that in the event the Board directed an elec- tion it desired that the pay roll for the period ending November 12, 1940, be used to determine eligibility to vote. There are approxi- mately 310 employees in the appropriate unit on this pay roll. A representative of the Company testified that due to a special order, the Company had increased its personnel since October 12, 1940, but that upon the completion of the order on December 15, 1940, it con- templated a lay-off of employees. However, he stated that he did not know how many or which employees would be laid off. The Union stated that under these circumstances if the election could not be held prior to December 15, it desired the use of the October 12 pay roll. No reason appears -why a pay roll immediately preced- ing the date of our Direction should not be used to determine eligi- bility to vote in the election. We find that the employees of the Company eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of this Direction of Election herein, including employees .who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAw 1. A question affecting commerce has arisen concerning the rep- resentation, of employees of Airtemp Division of Chrysler Corpora- tion, Dayton, Ohio, within the meaning of Section 9 (c) and Section 2' (6) and (7) of the National Labor Relations Act. 2. All production employees and those-employees directly associ- ated with production, such as tool and die makers, and all mainte- nance employees of the Company, excluding plant protection, office, and clerical employees (wherever located), foremen, assistant fore- men, working and nonworking group leaders, inspectors, employees in the engineering department, supervisors, and others having the. right to hire or discharge, constitute 'a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Re- lations Act, 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Airtemp Division of Chrysler Corporation, Dayton, Ohio, an election by secret ballot shall be conducted as early as pos- sible, but not later than thirty (30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject tQ Article III, Section 9, of said Rules and Regulations, among all production employees- and those employees directly associated with production, such as tool and die makers, and all maintenance employees of the Company, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding plant protection, office, and clerical employees (wher- ever located), foremen, assistant foremen, working and nonworking group leaders, inspectors, employees in the engineering department, supervisors, others having the right to hire and discharge, and employ- ees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United ,Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision'and Direction of Election. [SAME TITLE] _ CERTIFICATION OF REPRESENTATIVES January 9,1941 On December 5, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election an election by secret ballot was conducted on December 19, 1940, under the direction and super vie ion of, the Regional Director for the Ninth Re- AIRTEMP DIVISION OF CHRYSLER CORPORATION - ' 333 gion (Cincinnati, Ohio). On December 21, 1940, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-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 the Election Report have been filed by'any of the parties. As to the balloting and its results, the Regional Director reported as follows : Number of alleged eligible voters_____________________________ 275 Number of ballots placed in ballot box________________________ 255 Number of unchallenged ballots for United Electrical, Radio & Machine Workers of America, C. I. O______________________ 193 Number of unchallenged ballots against United Electrical, Radio . & Machine Workers of America, C. I. 0-- -------- ..---------- 62 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, as amended, IT IS HEREBY CERTIFIED that United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organi- zations, has been designated and selected by a majority of all production employees and those employees directly associated with production, such as tool and die makers, and all maintenance employees of Airtemp Division of Chrysler Corporation, Dayton, Ohio, excluding plant pro- tection, office, and clerical employees (wherever located), foremen, assistant foremen, working and, non-working group leaders, inspec- tors, employees in the engineering department, supervisors," and others having the right to hire and discharge, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, is the exclu- sive 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. 28 N. L. R. B., No. 55a.