Chrysler Corp.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 411 (N.L.R.B. 1942)

In the .Matter of CHRYSLER CORPORATION 'and LOCAL # 114, INTERNA-
TIONAL UNION , , UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF ' AMERICA.(UAW-CIO) '
In the Matter of CHRYSLER CORPORATION and LOCAL #114, INTERNA-
TIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF - AMERICA (UAW-CIO)
Cases Nos. R-4508 and R-4509, Respectively.-Decided December
26, 19.1
Jurisdiction : ordnance' manufacturing industry.
Investigation and Certification of Representatives : existence of question: com-
pany denied union's majority among employees in the proposed unit and the
propriety of, the proposed unit; election necessary.
Units Appropriate for Collective ' Bargaining : separate units comprising all
plant protection employees at each of ten named plants of the company, respec-
tively, excluding chiefs, assistant chiefs, captains, fire chiefs, assistant fire
chiefs, fire marshals , sergeants, relief sergeants, desk sergeants, and confidential
clerks; individual plant units subject to consolidation on multiple plant basis
if the company refuses to bargain with union on broad basis for employees in
all plants wherein union is certified as bargaining agent.
Larkin, Rathbon,e, and Perry, by Mr. T. R. Iserman, of New York
City, for the Company.
Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., for
the Union.
Mrs. Augusta Spaulding, of counsel to the Board. _
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Local #114, International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
Amrica (UAW-CIO), herein called the Union, alleging that ques-
tions affecting commerce had arisen concerning the representation of
employees'of Chrysler Corporation, Highland Park, Michigan, herein
46 N.L.BR B,No.51.- -
411
412 DECISIONS Oh NATIONAL LABOR RELATIONS BOARD
called the Company, the National Labor Relations Board provided for
an appropriate consolidated hearing upon due notice before Max Ro-
'tenberg, Trial Examiner. Said hearing was held at Detroit, Michigan,
I n November 10, 1942. The company and the Union appeared, partici-
pated, 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 .2 The Company, on
November 24, 1942, and the Union, on November 25,:1942, filed briefs
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 has its principal office at Highland Park;
Michigan. The Company operates plants at Detroit, Hamtramck,
Highland Park,, Cent erline, -and -Ma fysville;, Michigan;, Newcastle,
Evansville, and Kokomo, Indiana; and Los, Angeles, California.. The
Company also operates between 25 'and 30 subsidiaries in the United
States. The instant consolidated proceeding involves the Company's
plants at Marysville, Michigan, and in the Detroit metropolitan area.
Prior to February 1942, the Company was engaged in the manufac-
ture of automobiles and automobile parts and accessories, manufac-
turing approximately 1,200,000 automobiles and trucks per year.
Since February 1942, the Company has been engaged almost exclu-
sively in -the manufacture of war materials for 'the United States
Government. From sources outside the State in which each of its
respective plants is located the-Company- receives approximately 45
percent, by value, of the raw materials used at each plant. The
aggregate value 'of such raw materials 'per year exceeds $240,000,000.
The Company delivers substantially all its products at the respective
plants to the United States Government.
II. THE ORGANIZATION 'INVOLVED
Local #114 , International Union, ' United Automobile , Aircraft &
Agricultural, Implement Workers of America; is a labor organization
I The petition filed in Case No R-4509 was amended at the , bearing to disclose the
correct name of the Union
-At the heating the Trial Examiner reserNed "Board Exhibit 1-G" fora certified copy
of, the Board's order consolidating. the two representation cases involved herein. The
exhibit was not received before the close of the hearing. Although the Company objected
to the consolidation of the two cases, 'it did not object to the' formal incorporation of
the Board's order in the official record A certified copy of the Board's ' order marked
"Board Exhibit 1-G" was forwarded to the Board It is hereby made , and is , part of
the record in this proceeding The objection of the Company to the consolidation of
the two cases is without merit and is hereby overruled.
CHRYSLER CORPORATION 413
affiliated with the Congress of Industrial Organizations , admitting
to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On July 2, 1942, the Union sent the Company a series of letters,
each requesting recognition and bargaining conferences and alleging
that the Union represented a majority of plant-protection employees
at each of the following plants of the Company : Dodge-Main, Dodge
Forge, Dodge Truck, Chrysler Amplex, Chrysler Tank Arsenal,
Chrysler Jefferson and Kercheval, John R. Storage, and De Soto. On
July 8, 1942, the Company acknowledged these letters denying (1)
that the Union represented a majority of plant-protection employees
in the several plants and (2) that the Union could properly represent
and contract for such employees.' On October 8, 1942, the Unioil
advised the Company that it represented a majority of plant-protec-
tion employees at the Company's Marysville plant and asked for
recognition as their bargaining agent. On October 12, 1942, the
Company, questioned the Union's majority among ^ such employees.
A statement prepared by the Regional Director and other evidence
introduced 4 at the-hearing indicates that the Union represents a sub-
stantial number of employees in each of the several units herein found
to be appropriate.5
a The Company's objections to the Union's representation of its plant -protection eiii-
ployees are reasseitions of matter which the Board has already considered and found
insufficient for dismissal in two prior representation proceedings involving plant-protection
employees at the Plymouth and Lynch Road plants (Case No, R-3046) and at the Highland
Park, -McKinstry Storage, and Dearborn Storage plants (Case No R-4043), respectively.
The Company, and the Union agree that all evidence received in these two prior proceedings
be incorporated in the record in the instant proceeding In accordance with the agreement
of' the parties, all evidence received in Cases Nos R-3046 and R-4043 is hereby made,
and is, part of the official record in the instant proceeding . See Matter of Chrysler Car-
poration and United Protective Workers of America, 36 N. L R B. 593; 39 N. L R B. 430;
and Matter of-Chrysler Coiporation- , (Highland Park Plant) and Local 114, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America, affiliated with the C I O ,
44 N L. R B 881 For reasons which heieinaitei appear, Case No R-4043 is heieby
further consolidated with the instant proceeding for the purposes pf decision
4 At the hearing the Trial Examiner reserved " Board Exhibit No. 4" for a statement
of his investigation concei fling the claim of the Union to represent employees at the
John R Storage plant After the close of the hearing , the Trial Examiner ' s statement,
based on his investigation of cards submitted to him at the hearing, was duly marked
and filed with the Official Reporter. This statement , marked "Board Exhibit No. 4", is
hereby made, and is, part of the official record of this proceeding
i The Union submitted cards of recent date, indicating that it represents plant-protection
employees in the several plants as follows : ,
Total nwinber of Plant- Union
Plant Protection Employees Authorization
Dodge-Main---------------------------------------- 105 60
Dodge Forge--------------------------------------- 31 27
Chrysler Amplex----------------------------------- 12 - 3
Dodge Truck--------------------------------------- 31 29
Chrysler Tank-2 ------------------------------------- 81 72
Chrysler Jefferson and Kercheval--------------------- Ill 52
De Soto------------------------------------------- 32 29
John R Storage------------------------------------ 11 5
Marysville ----------------------------------------- 21 18
McKinstry Storage ----- ---------------------------- 7 4
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have 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.
IV. THE APPROPRIATE UNITS
Y
On March 4, 1942 , the Board in Case No . R-3046 certified United
Protective Workers of America as exclusive representative of plant-
protection employees 'at the Company's Plymouth and Lynch Road
plants. On November 3, 1942, the Board denied a motion to amend'
this certification by substituting therein the name of the Union for
that of United Protective Workers - of America , whose successor the
Union claimed to be.
On October 7, 1942 , the Board in Case No. R-4043 issued a Decision
and Direction of Election , directing an election among plant -protec-
tion employees at the Highland Park plant , who the Board found
constituted a, separate bargaining unit. In that proceeding the Union
sought to include in the bargaining unit plant -protection employees
at the Dearborn Storage and McKinstry Storage plants . Since the
record disclosed that plant -protection employees at" these two storage
plants had been shifted from Highland Park to the control of the
superintendent at the De Sota plant , the Board deferred its finding
with respect to a unit or units appropriate for such employees until
the petition in the instant proceeding in Case No . R-4508, then pending
in the Regional Office, covering employees in the De Soto plant , should
.be before the Board for decision. -
In the instant proceeding the Union seeks ( 1) a unit composed of
plant-protection employees employed at the Company 's Dodge-Main,
Dodge Forge, Dodge Truck , Chrysler Amplex, Chrysler Tank Arsenal,
Chrysler Jefferson and Kercheval , John R. Storage and De Soto plants;
(2) a unit of plant -protection employees employed at the Company's
Maryville plant ; and (3) preferably , a consolidated unit composed of
plant-protection employees at all plants enumerated above, combined
with plant -protection employees ,at the Company 's Plymouth, Lynch
Road, Highland Park, and McKinstry Storage plants 6
All plant -protection employees of the Company are under a com-
missioner of plant -protection , whose office is at the Highland Park
plant. General rules of conduct of plant-protection employees are
promulgated in the commissioner 's office. Pliant -protection employees
are hired through the employment department of the plant where they
work. The commissioner 's office reviews the hiring and the discharg-
ing of all such employees . All plant-protection employees , at Detroit
°During the course of the hearing in- the instant - proceeding , the Union moved to with.
draw its petition filed in Case -No R-4043, so far as it concerns plant-protection employees
at the Dearborn Storage - plant. The motion is-hereby granted.- --
CHRYSLER CORPORATION 415
are paid at the same rate ; plant-protection employees at Marysville
are paid `at a slightly lower rate. The Company maintains at" its
Highland Park plant a training school for all plant-protection em-
ployees. The course includes 24 hours of intensive training. Fur-
ther,training is given at the plant where the employees work. The
Company frequently transfers plant-protection employees from one
plant to another.
Plant-protection employees at the Dodge Truck, Plymouth, High-
land Park,, and Chrysler Tank Arsenal plants operate, respectively,
under independent super-visor=s. - Such employees at Chrysler Jefferson
and Kercheval, which operate as one plant, are under one supervisory
employee. 'Under the plant-protection chief at Dodge-Main are plant-
protection employees^at Dodge Main; Lynch Road, Dodge Forge, and
Chrysler Amplex. Plant-protection employees at the De Soto, John R.
Storage, and McKinstry Storage plants operate under the supervisor
of the De Soto plant. At each plant of the Company, however, there
is a plant-protection supervisor of some degree of authority to whom
plant-protection. employees, at that plant are directly responsible.
Working conditions are substantially the same at the several plants.
The Union desires that 'the Board predicate, its finding as to the
ultimate appropriate unit upon the result of a single election held
among plant-protection employees at the McKinstry plant and at the
other plants named in the instant consolidated proceeding. The
Union urges that if it receives •a majority, of votes cast in such elec-
tion the Board certify the Union is bargaining agent of plant-pro-
tection employees in the larger unit, including not only the employees
described above, but plant-protection employees at the Plymouth,
Lynch Road, and Highland Park plants. The Company contends that
plant-protection employees at its several plants should not be combined
in a single unit.
On the basis of the above facts and the entire record, we find that
plant-protection employees of the Company at the McKinstry plant
and each other plant concerned in the instant consolidated proceeding
constitute sufficiently independent administrative divisions of the,
plant-protection department to resider them respectively separate ap-
propriate bargaining units. If, after certification, the Company
objects to bargaining with the Union upon a multiple plant basis
covering plant-protection employees at the several plants for which
the Union may be certified, we will, entertain for consideration at
that time a motion to consolidate any certifications previously issued
and to include within a single bargaining unit employees at all plants
of the Company which have designated, the same bargaining agent.7
Cf. Matter of Chrysler COrporation ;and International Union, United Automobile, Air-
craft d Agricultural Implement ' Workers of, America, affiliated with the C. I 0, 37 N L.
R . B 877; Matter of Chrysler Corporation and United Automobile Workers of America,
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The parties agree, and we find, that chiefs, assistant chiefs, cap-
tains, fire chiefs, assistant fire chiefs, fire marshals , sergeants , relief
sergeants , desk sergeants, and confidential clerks should be excluded
from any bargaining unit which includes nonsupervisory plant-
protection employees. Employees in these categories were'excluded
from units of plant-protection employees found appropriate in the
prior representation proceedings involving other plants of the,
Company. -
We find that all plant-protection employees of the Company at the
Dodge-Main, Dodge Forge, Dodge Truck, Chrysler Amplex, Chrysler
Tank Arsenal, Chrysler Jefferson and Kercheval, John R. Storage,
De Soto, McKinstry Storage, and Marysville plants, respectively,
excluding chiefs, assistant chiefs, captains, fire chiefs, assistant fire
chiefs, fire marshals, sergeants, relief sergeants, desk sergeants, and
confidential clerks, constitute Separate units appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES'
We shall direct that the questions which have arisen concerning
`the representation of employees of the Company be resolved by sepa-
rate elections by secret ballot among employees in the respective units
found, appropriate in Section IV,, above, . who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections, subject to'the limitations and additions set forth therein.
DIRECTION OF EL1♦JCTIONS-
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2; as amended,
IT IS HEREBY DIRECTED that, as part of the investigation to ascertain
representatives for the purposes of collective bargaining with Chrys-
ler Corporation, Highland Park, Michigan, separate elections, 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 supervision of the Regional Director for the'Seventh
Local 371, affiliated with C . I. 0 ; Matter of Chryslei Corporation and International Asso
ciation of Machinists , Die Sinkers Local 1222, affiliated with A P L ; Matter of Chrysler
Corporation, a corporation and International Union, United Automobile Workers of Ames ica,
affiliated with the C. I. 0.; Matter of Chrysler Corporation , a corporation and Local 51,
Int'l Union, United Automobile Workers of,Ameriea (C. 1 0. af filiate), of which Local
Leo LaMotte is president ; Matter of Chrysler Corporation and International Union, United
Automobile Workers of America, affiliated with the Congress of Industrial Organizations;
Matter of Chrysler Corporation and International Union, United Automobile , Aircraft d
Agricultural Implement Workers of America , affiliated, with the C . I. 0., 42 N . L R'' B 1145.
CHRYSLER CORPORATION - 417
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules
and Regulations, among all employees of the Company within each
respective unit found appropriate in Section IV, above, who were
employed -during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Local #114,
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of American '(UAW-CIO), for the purposes
of collective bargaining.
I
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