Chrysler Corp.

National Labor Relations Board - Board Decisions

May 19, 1942

41 N.L.R.B. 88 (N.L.R.B. 1942)

In the Matter of CHRYSLER CORPORATION and SOCIETY of DESIGNING
ENGINEERS, LOCAL #201-FAECT-C. I. O.
Case No. R-3799.-Decided May 19,194
Jurisdiction : automobile and ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : designers , lay-out men , detailers,
checkers, and record clerk in Truck Body Drafting Department , excluding
executives and supervisors.
Larkin, Rathbone cC Perry, by Mr. T. R. Iserman and Mr. Donald
Hastings, of New Yor1 City, for the Company.
Mr. Maurice Sugar and Mr. Jack N. Tucker, of Detroit, Mich., for
the Union.
Mr. Charles TV. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Society of Designing Engineers, Local
#201-FAECT-CIO, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Chrysler Corporation, Detroit, Michigan, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Frederick P. Mett, Trial
Examiner. Said hearing was held at Detroit, Michigan, on May 5,
1942. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses,'and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and 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 Corporation, a Delaware corporation having its principal
office in Detroit, Michigan, is primarily engaged in the manufacture
41 N. L. R. B., No. 19.
88
CHRYSLER CORPORATION 89
and sale of automobiles , parts, and accessories . At the present time,
the Company has contracts,of substantial value for the manufacture
of war materials for the United States Government. The Company
maintains manufacturing plants in the States of Michigan, Indiana,
and California. The raw materials used annually by the Company
at its plants approximate in value $240,000,000, and the value of its
finished products is about $625,000,000 a year. Approximately 45
percent of the materials used and approximately 75 percent of the
products manufactured at the Company's plants are transported in
commerce .' The present proceeding involves only employees of the
Company's Truck Body Drafting Department in the city of Detroit,
Michigan. The department is engaged in designing military vehicles
for the United States and Canadian Goy ernments.
II. THE ORGANIZATION INVOLVED
Society of Designing Engineers, Local #201-Federation of Archi-
tects, Engineers, Chemists and Technicians, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. ' THE QUESTION CONCERNING REPRESENTATION
On February 13, 1942, the Union requested recognition as bargain-
ing representative of the engineers and technicians in the Company's
Truck Body Drafting Department. On February 16 the Company
declined to recognize the Union as such representative. A report of
the Regional Director, introduced in evidence at the hearing, indicates
that the Union represents a substantial number of employees in the
'unit which we hereinafter find to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
i In accordance with a stipulation of the parties , we find that there has been no
substantial change in the extent of the Company s business since the issuance of the
decisions of the Board in Matter of Chrysler Corporation and United Automobile lVorker8
of America , Local 371, et at., 13 N. L. R. B 1303; Matter of Dodge llrotheis Division-
C/utitle t Corporation and Society of Designing Engiiirete, Chapter #201-F A E C T -
C I. O, et at , 33 N L R B 927; and matter of Chrysler Corporation , Chit/sler Motor
Division and Society of Designing Engineers , Local #201 , F A E C ' T -C I O , 38 N L.
It B 749, in which the Board made certain findings of fact with respect to the Company's
operations
2 The Union submitted to the Regional Director 22 membership application cards, all
containing apparently genuine original signatures All the si natures ' are the names of
persons on the Company 's pay roll of iindisciosed , (late According to the statement by
the Regional Diiecttr , dated March 24, 11142, it appears from the Union ' s dues records
that all 22 persons were members in good standing at that time . There are approxi-
mately 45 persons in the appropriate unit.
90 DECISIONS OF NAT'ION'AL LABOR ',R'ELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Company takes no position as to the appropriate unit. The
Union contends, and we find, that all designers, lay-out men, -detailers,
checkers, and the record clerk employed in the Truck Body Drafting
Department,3 excluding executives and supervisors, constitute a unit
appropriate for the purposes of collective, bargaining, within the
meaning of Section 9 (b) of the Act.4
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit, who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in the
Direction.
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 Rela-
tions 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
DIRECTED that, as part of-the investigation to ascertain representa-
tives for the purposes of collective bargaining with,Chrysler Corpo-
ration, Detroit, Michigan, 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 super-
vision of the Regional Director for the 'Seventh 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 the employees of the Company in the unit found to be appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately 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
$ Sometimes referred to in the record as the Truck Body Engineering division.
* The Board has previously found appropriate substantially similar units in other
plants of the Company . See Matter of Dodge Brothers Dtivision-Chrysler Corporation
and Society of Designing Engineers, Chapter #201-F A. E C. T -C. 1 0, et al,
33 N. L R B. 927 ; Matter of Chrysler Corporation, Chrysler Motor Division and Society of
Designing Engineers, Local # 201, F A E. 0. P-C I. 0., 38 N. L. R. B 749
CHRYSLER CORPORATION 91
any who have since quit or been discharged for cause, to determine
whether or not they desire to be relue-ented by Society of Designing
Engineers, Local #201-Federation of Architects, Engineers, Chem-
ists and Technicians, affiliated with the Congress of Industrial
Organizations. . - -
MR. GERARm D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
In the Matter Of CHRYSLER CORPORATION and SOCIETY OF DESIGNING
ENGINEERS , LOCAL #201-FAECT-CIO
Case No. R-3799
- CERTIFICATION OF REPRESENTATIVES
June 23, 1942
On May 19, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings."
Pursuant to the Direction of Election, an election by secret ballot
was conducted on June 5, 1942, under the direction and supervision
of the Regional Director for the Seventh Region (Detroit, Michigan).
On June 8, 1942, the Regional Director, acting pursuant to Article
III, Section 9, for National Labor Relations Board Rules and Regu-
lations-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 to the Election Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list----------------------------------- 51
Total ballots cast---------------------------------------- 47
Total ballots challenged---------------------------------- 0
Total blank ballots-------------------------------------- 0
Total void ballots--------------------------------------- 0
Total valid votes counted --------------------------------- 47
Votes cast for Society of Designing Engineers , Local 201-
Federation of Architects, Engineers , Chemists and Tech-
nicians, affiliated with the Congress of Industrial Or-
ganizations -------------------------------------------- 30
Votes cast against Society of Designing Engineers, Local
201-Federation of Architects, Engineers , Chemists and
Technicians, affiliated with the Congress, of Industrial
Organization-------------------------------------------- 17
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,
141N L. R.B 88.
41 N. L. It. B., No. 19a.
92
CHRYSLER CORPORATION 93
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Society of Designing Engineers, Local
201-Federation of Architects, Engineers, Chemists and Technicians,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of the designers, lay-out men,
detailers, checkers, and the record clerk employed in the Truck Body
Drifting Department of Chrysler Corporation, Detroit, Michigan,
'cacluding executives and supervisors, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, Society of Designing Engineers, Local 201-Federation
of Architects, Engineers, Chemists and Technicians, affiliated with
the Congress of Industrial Organizations, is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment.