Chrysler Corp.

In the Matter of CHRYSLER MOTOR PARTS CORPORATION DIVISION OF CHRYSLER CORPORATION and 'UNITED AUTOMOBILE WORKERS OF AMERICA Case No. R-2786.-Decided August 19, 194.1 Jurisdiction : wholesale distributor of automobile replacement parts. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition on the ground that it had not established a majority; election necessary. Unit Appropriate for Collective Bargaining : all receiving and shipping depart- ment employees, but excluding clerical, supervisory, and plant protection employees. Mr. Henry J. Miller, and Mr. Blair Foster,' of Atlanta, Ga., for the Company. Mr. C. H. Gillman, of Atlanta, Ga., for the Union. Mr. Robert S. Fousek, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 10, 1941, United Automobile Workers of America, herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of the Chrysler Motor Parts Corporation Division of Chrysler Cor- poration, Atlanta, Georgia, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July '5,1941, 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 investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. On July 15 and 19, 1941, respectively, the Regional, Director issued a notice and amended notice of hearing, which were served upon the Company and the Union. 34 N. L. R. B., No. 69. 482 CHRYSI1R MOTOR PARTS CORPORATION 483 Pursuant to notice, a hearing was held in Atlanta, Georgia, on July 22, 1941, before Alexander E. Wilson, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various 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 committed. The rulings 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 Motor Parts Corporation Division of Chrysler Corpo- ration 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 per cent are shipped to Atlanta, Georgia, from points without the State of Georgia. During the first 6 months of 1941 sales within the State of Georgia by Depot No. 3 averaged $24,643.82 per month. Sales to points without the State of Georgia during the same period averaged $97,303.30 per month. The Company employs approximately 44 employees at Depot No. 3. II. THE ORGANIZATION INVOLVED United Automobile Workers of America is a labor organization affiliated with the Congress of Industrial Organizations admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION In June 1941, the Union requested the Company for recognition as the exclusive bargaining agent of the employees of Depot No. 3. The Company refused on the ground that the Union had not established that it represented a majority of the employees in the alleged ap- propriate unit. 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Trial Examiner made a statement in the record showing that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company at Depot No. 3. IV. THE EFFECT OF THE QUESTION CONCERNING 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 re- lation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union requests, the Company does not oppose, and we find,.that all receiving and shipping department employees of the Company at Depot No. 3, excluding clerical, supervisory, and plant protection em- ployees constitute a unit appropriate for the purposes of collective bar- gaining and that said unit will insure to these employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen can best be resolved by an election by secret ballot. We shall direct that an election by secret ballot be held among the employees of the Company in the appropriate unit who were employed during the pay-roll period immediately pre-, ceding the date of this Direction, subject to the limitations and addi- tions set forth in the Direction, to determine whether or not they de- sire to be represented by the Union for. the purposes -of collective bargaining. 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 repre- sentation of employees of Chrysler Motor Parts Corporation Division of Chrysler Corporation at Depot No. 3, Atlanta, Georgia, within ' The Trial Examiner stated that the Union had submitted 17 authorization cards. Of these, 12 were signed by persons listed by the Company in the alleged appropriate unit. There are approximately 17 employees in the unit hereinafter found appropriate. CHRYSIMU MOTOR PARTS CORPORATION 485 the meaning of Section 9 (c) and Section 2 (6) , and (7) of the Na- tional Labor Relations Act. 2. All receiving and shipping department employees of the Com- pany at Depot No. 3, Atlanta, Georgia, excluding clerical, supervisory, and plant protection employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Relations 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 Dnn mi n that, as a part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Chrysler Motor Parts Corporation Division of Chrysler Corporation, 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 supervision of the Regional Director for the Tenth 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 all receiving and shipping department employees of the Company at Depot No. 3, At- lanta, Georgia, who were employed during the pay-roll period im- mediately 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 clerical, supervisory, plant-protection employees and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for-the pur- poses of collective bargaining. 451269-42-vol. 34-32