Chrysler Corp.

In the Matter of CHRYSLER CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORK- ERS OF AMERICA, AFFILLIATED WITH THE C. I. O. Case No. B-3303.-Decided December 23, 1941 Jurisdiction : automobiles, parts and accessories manufacturing industry. Investigation and Certification of Representatives : existence of question. re- fusal to accord uniod4 recognition ; election held five months prior to the filing of the petition held no bar to, where bargaining representative was selected and where the petitioner has obtained additional designations since that time ; employees laid off because of curtailment due to the defense program, held to be only temporarily laid off and eligible to vote where the Company anticipates that work on Government orders will mike it possible to rehire them ; name of union which failed to make a substantial showing of repre- sentation, not to appear on the ballot; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees at the Company's Kokomo, Indiana, plant, excluding foremen, assistant foremen, timekeepers, plant protection employees, office employees, confidential salaried employees and salaried engineers ; agreement as to. Larkin, Rathbone ct Perry, by Mr. T. R. Isernucn and Mr. John O'Keefe, of New York City, for the Company. Mr. Richard H. Oberreich, of Indianapolis, Ind., for the UAW- CIO. Mr. F. W. Yager, of Oakland, Ind., for the UAW-AFL. Mr. J. H. Carver, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 9, 1941, the International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, herein called the UA«W-CIO, filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Chrysler Corporation, Kokomo, Indiana, herein called the Company, and requesting an investigation and certification of representatives 37 N. L. R. B , No. 142. 877 878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 10, 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 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On November 10, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the, UAW-CIO, and International Union, United Automobile Workers of America, affiliated with the "American Federation of Labor, herein called the UAW-AFL, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on November 19, 1941, at Kokomo, Indiana, before Arthur Donovan, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the UAW-CIO were represented by counsel, the UAW-AFL by its representative; all participated in the hearing. Full opportunity to be heard, to ex- amine 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 all the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The Company and the UAW-CIO each filed briefs on December 3, 1941, and on December 4, 1941, respectively, which the Board has considered. 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, is engaged in the manufacture of automobiles, parts, and accessories. Its principal office is in Detroit, Michigan, and it has plants in the States of Michigan, Indiana, and California. Approximately 45 percent by, value of the raw materials used by the Company at its plants, valued at more than $240,000,000 annually, and approximately 75 percent by value of the finished and partly finished products of the Com- pany, valued at approximately $625,000,000 annually, are transported in interstate commerce. This proceeding is concerned solely with the Kokomo, Indiana, plant of the Company. CHRYSLER CORPORATION H. THE ORGANIZATIONS INVOLVED 879 International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees at the Kokomo plant of the Company. International Union, United Automobile Workers of America, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees at, the Kokomo plant of the Company. III. THE QUESTION CONCERNING REPRESENTATION The UAW-CIO requested the Company, on October 8, 1941, to recognize it as the exclusive representative of the employees at the Kokomo plant of the Company. The Company refused to grant recognition, stating that in an election conducted by the Board on May 15, 1941, no collective, bargaining representative had been selected by a majority of its employees.' The Company contends that the Board should not now order an election, on the ground that the results of the May 15, 1941, election should not be disturbed for at least a year. However, since that election did not result in the selection of a bargaining representative and in view of the fact that the UAW-CIO has obtained additional designations since that time, we see no reason for not proceeding with the present investigation. A statement of the Regional Director, introduced in evidence, shows that the UAW-CIO represents a substantial number of em- ployees in the unit alleged by it to be appropriate.2' We find that a question has arisen concerning the representation of employees of the Company. 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 relation 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. 1 Matter of Chrysler Corporation and International Union, United Automobile Workers of America, affiliated with C. 1. 0., 31 N. L. R. B., No. 61, 32 N. L R B , No. 139. In that election the UAW-CIO received 310 votes out of a total of 854 eligible voters; 450 votes were cast for no union. 2 The Regional Director's statement shows that 471 employees whose names appear on the company's pay roll of April 5, 1941, have signed authorization or application cards in the UAW-CIO. There were approximately 850 employees in the alleged appropriate unit on that date 880 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROPRIATE, UNIT The Company, the UAW-CIO, and the UAW-AFL agreed at the hearing that the appropriate unit should consist of all production and maintenance employees at the Kokomo plant of the Company,, excluding foremen, assistant foremen, timekeepers, plant protection employees, office employees, confidential salaried employees, and salaried engineers. In a previous case 3 we certified the UAW-CIO as the exclusive representative of the employees in an appropriate bargaining unit. consisting of 12 plants of the Company. In the same-proceeding we dismissed the petition in so far as it referred to the Kokomo plant of the Company, the plant involved in this proceeding, because a ma- jority of the employees at that plant voted to be represented by no. union. In a subsequent case,4 a petition of the UAW-CIO in con- nection with the Kokomo plant only was dismissed following an election in which the majority of employees voted-to be represented by no union. The UAW-CIO states that in the event that it is selected as exclusive bargaining representative of the employees at the Kokomo plant,of the Company, it desires that the Kokomo plant be included in the unit composed of all the other plants of the Com- pany where the UAW-CIO has been selected as exclusive bargaining agent by the employees. Since no representative has yet been cer- tified by the Board as the result of this proceeding, and no request made upon the Company to bargain on behalf of the employees in the Kokomo plant along with the employees in its other plants, we will adhere to the procedure following in_the previous cases involving the Kokomo and Evansville 5 plants of the Company and deny the request of the UAW-CIO at this time, and, in the event the UAW- CIO wins the election to be directed hereinafter, certify it as the exclusive representative of the employees at the Kokomo plant. If after such certification the Company objects to bargaining upon a 14-plant unit basis we will entertain for consideration at that time a motion to consolidate the certifications previously issued 6 and to. include all plants of the Company in a single appropriate unit. We find that all production and maintenance employees at the, Kokomo plant of the Company, excluding foremen, assistant fore- 8 Matter of Chrysler Corporation and United Automobile Workers of America, Local 571, affiliated with C I 0., et al, 17 N. L R B 737. 4 Matter of Chrysler Corporation and International Union, United Automobile Workers of America, affiliated with C. I. C , 31 N. L R . B., No 61 , 32 N. L. R. B, No. 139. Matter of Chrysler Corporation and International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, 28 N. L. R. B, No. 154. 6 Matter of Chrysler Corporation and United Automobile Workers of America, Local 371, affiliated with C. 1. O, et al. , 17 N. L R B. 737 ; Matter of Chrysler 'Corporation and International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, 29 N. L. R B , No. 169 CHRYSLER CORPORATION 881 man, timekeepers, plant protection employees, office employees, con- fidential salaried employees, and salaried engineers, constitute a unit appropriate for-the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION -OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by means of an election by secret ballot. The UAW-AFL submitted no documentary evidence of member- ship among employees in the appropriate unit; its representative stated that in the spring of 1941 it had a membership of 162, which has since decreased. We conclude that the UAW-AFL has not shown sufficient interest to warrant placing it upon the ballot.? The name of the UAW-AFL will not appear on the' ballot. It appears that about 350 employees were laid off in September 1941, as the result of a curtailment in automobile production caused by the defense program. The Company, however, anticipates that work on government orders which it now has will create jobs for these laid-off employees, and it appears that as work becomes available they will be offered employment. Under these circumstances, we find that the employees laid off in September 1941, are only temporarily laid off and have an interest in the election and are therefore eligible to vote. In accordance with our usual practice, we shall direct that employees at the Company's Kokomo, Indiana, plant, employed dur- ing the pay-roll period immediately preceding the date of this Direction of Election, subject to the limitations and additions set forth in said Direction, shall be eligible to vote. 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 at the Kokomo plant of Chrysler Corporation, Kokomo, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production ?and maintenance employees at the Kokomo plant of the Company, excluding foremen, assistant foremen, time- ''Matter of Big Lakes Box Company and Lumber and Sawmill Workers, Local 2824, etc., 31 N. L. R B, No 41; Matter of Remington Rand, Inc. and United Electrical, Radio & Machine Workers of America, Local 308, 31 N L. R. B, No 77. 882 DECISIONS OF NATIONAL LABOR RELATIONS BOARD keepers, plant protection employees, office employees, confidential salaried employees, and salaried engineers, constitute a unit appro- priate 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, and pursuant to Article III, Section 8, of National Labor Relations Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purpose of collective bargaining with Chrysler Corporation, Kokomo, Indiana, 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 super- vision of the Regional Director for the Eleventh Region, acting'in this matter as agent of the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees employed by the Company at its Kokomo, Indiana, plant, 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 or in the active military service or training of the United States, or temporarily laid off, but excluding foremen, assist- ant foremen, timekeepers, plant protection employees, office employees, confidential salaried employees, salaried engineers, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft, and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.