Chrysler Corp.

National Labor Relations Board - Board Decisions

Dec 5, 1940

28 N.L.R.B. 328 (N.L.R.B. 1940)

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.