Chrysler Corp.

National Labor Relations Board - Board Decisions

Mar 20, 1944

55 N.L.R.B. 634 (N.L.R.B. 1944)

In the Matter Of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPO-
RATION and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIE AND
TOOLMAKERS LODGE No. 113
In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPO-
RATION and INTERNATIONAL UNION, UNITED AUToforII.E, AIRCRAFT &
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (U. A. W.-C. 1. 0.)
In the Matter Of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and INTERNATIONAL DIE SINKERS CONFERENCE , CHICAGO
DIE SINKERS LOCAL 100
In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPO-
RATION ' and LOCAL B134 INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS (A. F. OF L.)
In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP
FORGERS AND HELPERS, CHICAGO FORGERS LOCAL No. 495, AMERICAN
FEDERATION OF LA13OR
In the Matter Of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and INTERNATIONAL UNION OF OPERATINiG ENGINEERS,
LOCAL 399, AFFILIATED WITH A. F. OF L.
In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS,
LOCAL No. 7 , AFFILIATED WITH A. F. OF L.
In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and CHICAGO DISTRICT COUNCIL, UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA
III the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and PIPE FITTERS A S S 0 C I A T 10 N, LOCAL 597 U. A.
(A. F. or L.)
In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and LOCAL 705, INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, A. F. OF L.
In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and BRICKLAYERS , MASONS, AND PLASTERERS INTERNATIONAL
UNION OF AMERICA, A. F. OF L., LOCAL 21
55 N. L. R. B., No. 114.
634
DODGE CHICAGO PLANT 635
Cases Nos. 13-1?-1876, 13-R-1894, 13-R-1909, 13-R-1923, 13-R-1990,
13-R-10029, 13-R-2030, 13-RDO42, 13-R-1118, 13-R-210 and
13-R-2326 respectively.Decided March 0, 1944.
Mr. John R. Hill, for the Board.
Rathbone, Perry, Kelley cC Drye, by dlr. T. R. Iserman, of New York
City, and Mr. W. A. Bechill, of Chicago, Ill., for the Company.
Messrs. P. L. Sie7niller and B. H. STcidmaore of Chicago, Ill., for the
I.A.M.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
U. A. W.-C. I. 0.
dlr. J. G. Heiner, of Cleveland, Ohio, for the Die Sinkers.
Messrs. Emory J. Smith, Thomas J. Finn, and Robert P. Brooks,
of Chicago, Ill., for the I. B. E. W.
Mr. A. J. L berhardy, of Chicago, Ill., and Mr. Gerald 1Vols f elt, of
North Aurora, Ill., for the Blacksmiths.
Daniel D. Carmell, by Mr. Leo Segall, Messrs. Fran; Wood and
John Gavin,, of Chicago. Ill., for the Operating Engineers.
Daniel D. Carmell, by Mr. Leo Segall, and Mr. James J. Kennedy of
Chicago, Ill., for the Firemen and Oilers.
Mr. Emory J. Smith, of Chicago, I11., for the Carpenters.
Daniel D. Carmell, by Mr. Leo Segall, and Mr. John Hogan, of Chi-
cago, Ill., for the Pipe Fitters.
Messrs. Kenneth M. Hindley, John Russo, and Albert Tap horn, of
Chicago, Ill., for the Teamsters.
Messrs. G. Hallstroma and Joseph J. Zyr/cowski, of Chicago, Ill., for
the Pattern Makers.
Hr. 1Villiama J. Harrigan, of Hammond, Ind., for the Bricklayers.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions and amended petitions duly filed by International
Association of Machinists, Die and Toolmakers Lodge No. 113, herein
called the I. A. M. ; International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America, U. A. W.-
C. I. 0., herein called the U. A. W.-C. I. 0.; International Die Sinkers
Conference, Chicago Die Sinkers Local 100, herein called the Die
Sinkers; Local B134, International Brotherhood of Electrical Work-
ers (A. F. of L.), herein called the I. B. E. W.; International Brother-
hood of Blacksmiths, Drop Forgers and Helpers, Chicago Forgers
636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Local No. 495, herein called the Blacksmiths; International Union of
Operating Engineers, Local 399, affiliated with A. F. of L., herein
called the Operating Engineers; International Brotherhood of Fire-
men and Oilers, Local No. 7, affiliated with the A. F. of L., herein
called the Firemen and Oilers; Chicago District Council, United
Brotherhood of Carpenters and Joiners of America, herein called
the Carpenters; Pipe Fitters Association, Local 597 U. A. (A. F. of L.),
herein called the Pipe Fitters; Local 705, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen and Helpers of America,
A. F. of L., herein called the Teamsters,1 alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of Chrysler Corporation, Chicago, Illinois, herein called the
Company, the National Labor Relations Board consolidated the cases
and provided for an appropriate hearing upon due notice before
Robert R. Rissman, Trial Examiner. Said hearing was held at Chi-
cago, Illinois, on January 5, 6, 7, 8, 10, and 11, 1944. The Company,
the I. A. AT., the U. A. W.-C. I. 0., the Die Sinkers, the I. B. E. W.,
the Blacksmiths, the Operating Engineers, the Firemen and Oilers,
the Carpenters, the Pipe Fitters, the Teamsters, and the Pattern Mak-
ers League of North America, Chicago Association (AFL), herein
called 'he Pattern Makers, appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, to introduce evidence bearing on the issues, and
to file briefs with the Board. Subsequent to the hearing, the U. A. W.-
C. I. O. f i l e d a motion to dismiss the petitions of the A. F. of L. Unions
and the Die Sinkers on the ground that the bargaining units sought
by said unions are inappropriate. For reasons set forth in Section
IV, infra, said motion is hereby denied.
Subsequent to the hearing, a petition was filed by Bricklayers, Ma-
sons, and Plasterers International Union of America, A. F. of L.,
Local 21, herein called the Bricklayers, alleging that a question affect-
ing commerce had arisen concerning the representation of certain
employees of the Company. The National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
R. Rissman, Trial Examiner. Said hearing was held at Chicago,
Illinois, on March 3, 1944. The Company, the Bricklayers, and the
U. A. W.-C. I. O. appeared and participated. All parties were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, to introduce evidence bearing on the issues, and to file briefs
with the Board. The Board, deeming it advisable to consider the
record in the Bricklayers' case concurrently with the record iii the
i All of the petitioning unions, except the U A W -C I 0 and the Die sinkers, are
affiliated with the American Federation of Labor, and we shall sometimes hercnnatter reter
to those unions collectively as the A. F L. Unions
DODGE CHICAGO PLANT 637
previous consolidated cases, hereby consolidates the records in the
two cases for the purposes of this decision. The Trial Examiner's
rulings made at both hearings are free from prejudicial error and
are hereby affirmed.
Upon the entire consolidated record in the cases , the Board makes
the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Chrysler Corporation, a Delaware corporation with principal
offices in Detroit, Michigan, was formerly engaged in manufacturing
automobiles and automobile parts and accessories at plants in Mich-
igan, Ohio, Indiana, California, and Illinois. Since February 1942,
the Company has been engaged almost exclusively in manufacturing
war materials for the United States Government. From sources out-
side the State in which each plant is located, the Company receives on
the average approximately 45 percent by value of the raw materials
used in each plant. The aggregate annual value of the raw materials
employed by the Company in all of its plants exceeds $240,000,000.
At the present time, the Company delivers substantially all of its
finished products to the United States Government at the plant where
the respective products are made. The present proceeding concerns
only the Dodge Chicago Plant, Chicago, Illinois, where the Company
is engaged in the manufacture and assembly of aircraft motors.
This plant is owned by the Defense Plant Corporation, an instru-
mentality of the United States Government, and is operated by the
Company. We find that the Company is engaged in commerce at its
Dodge Chicago Plant within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists , Die and Toolmakers Lodge
No. 113; Local B134 , International Brotherhood of Electrical
Workers; International Brotherhood of Blacksmiths , Drop Forgers
and Helpers , Chicago Forgers Local No. 495 ; International Union of
Operating Engineers , Local 399 ; International Brotherhood of Fire-
men and Oilers , Local No. 7 ; Chicago District Council, United
Brotherhood of Carpenters and Joiners of America ; Pipe Fitters
Association, Local 597 U. A. ; Local 705 , International Brotherhood
of Teamsters , Chauffeurs , Warehousemen and Helpers of America;
Patters Makers League of North America , Chicago Association; and
Bricklayers , Masons , and Plasterers International Union of America,'
Local 21 are labor organizations affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, U. A. W.-C. I. 0., is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
International Die Sinkers Conference, Chicago Die Sinkers Local
100, is an unaffiliated labor organization, admitting to membership
employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
Prior to the filing of its petition herein, each of the petitioning
labor organizations, except the Bricklayers, requested the Company
to recognize it as the exclusive bargaining representative of the em-
ployees within the bargaining unit which it alleges to be appropriate.
The Company denied all of these requests for recognition, stating, in
each case, that it had no evidence, nor did it believe that any of the
labor organizations represented a majority of the employees within
the alleged appropriate bargaining units.
The International representative of the Bricklayers testified that he
made no request upon the Company for recognition as exclusive bar-
gaining agent because he was aware of the Company's policy, as stated
to the other unions, not to deal with any union without certification by
the Board. At the hearing counsel for the Company stated that the
Company would not grant recognition to the Bricklayers prior to cer-
tification by the Board.
Statements of the Regional Director, introduced in evidence at the
hearings, and statements of the Trial Examiner made at the hearings
indicate that each of the petitioning unions represents a substantial
number of employees in the unit it alleges to be appropriate.2
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 Act.
2 The following table summarizes the statements of the Regional Director and the Trial Examiner referred
to above
Name of Union
Number of
employees in
unit alleged
appropriate
by Union
Number of
employees in
alleged unit
represented
by Union*
I A M-- - - ------------------------------------------------
U A W -C I 0 - ----------------
Die Sinkers
I B E '1V
Blacksmiths
Operating Engineers -----_-------------------------------
Firemen and Oilers
Carpenters
Pipe Fitters-------------------------------------------------------
Teamsters---------------------------------------------------------
Bricklayers -------------------------------------------------------
1, 060
8, 356
47
285
232
18
48
145
113
17
12
382
3, 067
28
185
69
17
38
67
68
13
10
*The evidence of representation consists of authorization cards and application for membership
cards bearing the apparently genuine original signatures of persons whose names appear on the Com-
pany's pay roll of October 16, 1943, at the Dodge Chicago Plant Several of the unions submitted
additional evidence of representation at the hearing, which is not included in the table The Brick-
layers' evidence of representation was checked against the pay roll of February 13, 1944.
DODGE CHICAGO PLANT 639
IV. THE APPROPRIATE UNIT
Each of the petitioning unions, except the U. A. W.-C. I. 0., seeks a
craft or departmental unit at the Dodge Chicago Plant, comprising, in
the main, employees engaged in maintenance work. The U. A. W.-
C. 1. 0. proposes an industrial unit embracing all production and main-
tenance employees at the plant, with certain exceptions. The Com-
pany takes no position with respect to the appropriate unit, except to
contend that employees classified as leaders should be included in
the bargaining unit or units , and all salaried clerical employees and
all supervisory employees of the rank of assistant foreman, and above,
should be excluded.
The organization of the plant
The Dodge Chicago Plant is located on the southwest side of Chicago
and occupies an area approximately 1 mile long and more than 1/2 mile
wide. There are approximately 20 buildings in the plant area, which
is enclosed by fences and is patrolled by armed guards . The plant is
divided into 11 divisions , each of which is composed of a number of
departments . Some of the divisions constitute the accounting, cleri-
cal, and executive branches of the plant ; some are maintenance, de-
velopment , and operating branches ; others are devoted to production
and assembly work. The entire plant is under the supervision of a
general manager. Each division is under the supervision of a division
manager and division superintendent . The departments are super-
vised by assistant superintendents, general foremen , foremen, assistant
foremen, master mechanics , plant engineers , and the directors of such
departments as personnel , labor relations, and purchasing . The plant
is entirely devoted to the manufacture and assembly . of aircraft engines
for the United States Government.
The unit proposed by the I. A. M.
The I . A. M. contends that all employees in Department 331 (Tool-
room , Manufacture , and Test ) ; Department 335 (Cutter Grind) ; and
Department 336 (Machine Repair) ; excluding all clerical and super-
visory employees , constitute an appropriate bargaining unit. It is the
work of the employees of Department 331 to maintain, repair, and build
fixtures, tools , gauges, jigs , and other equipment for use in the Master
Mechanics Division , and to set up tools and fixtures on the machines
in that division . In Department 335, the employees are classified as
cutter grinders and tool sharpeners and are engaged in sharpening
and otherwise maintaining tools used in the Master Mechanics Divi-
sion. The employees in Department 336 are engaged in repairing and
oiling machines in the Master Mechanics Division.
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The record discloses that the Company employs persons of these
same classifications and skills in the Machine and Tool Engineering
Department (#428) of the Foundry Division, and in the Die Shop
(Dept. 557) and Hammer Repair Department (#558) of the Forge
Division. It is the position of the I. A. M. that, while it is not seek-
ing the inclusion of these employees in its unit, if the Board decides
to include them, it will accept them and will bargain in their behalf.
The unit proposed by the Die Sinkers
The Die Sinkers claims that all employees working on dies or parts
of dies used in the manufacture of forgings constitute an appropriate
unit. The record indicates that all of these employees are found in
Department 557 of the Forge Division, and constitute a highly skilled
group.
The unit proposed by the Blacksmiths
The Blacksmiths seeks a unit comprising all employees of the Forge
Division, excluding janmtors (Dept. 525), employees in Department 528
(Machine and Tool Engineering), electricians (Dept. 541), employees
in the Die Shop (Dept. 557) who work on dies or parts of dies used
in the manufacture of forgings, clerical employees and all super-
visory employees of the rank of assistant foreman, and above. De-
partment 528 (Machine and Tool Engineering) is comprised of tech-
nical salaried employees. The Blacksmiths is also willing to exclude
from its proposed unit those employees in Department 561 (Mainte-
nance, Forge) who are claimed by the Carpenters, Pipe Fitters, and
Bricklayers, if the Board finds that said employees may properly
constitute separate groups.
With respect to the Die Shop (Dept. 557 of the Forge Division)
it is the position of the Blacksmiths that the toolroom employees
in that department who are not within the unit claimed by the Die
Sinkers, should be included in the I. A. M. unit. If, however, the Board
does not place these toolroom employees in the I. A. M. unit, then the
Blacksmiths is willing to include them in its proposed unit. The
Blacksmiths take a similar position with respect to the employees in
Hammer Repair Department (#558).
The mzit proposed by the I. B. E. W.
The I. B. E. W. claims that the following unit is appropriate: elec-
tricians, electricians' helpers, oilers, assistant foremen, and foremen in
Departments 241, 341, 441, and 541, excluding clerical employees, a
truck driver in Department 341, general foremen, and supervisory
employees above the rank of general foreman. The U. A. W. and
DODGE CHICAGO PLANT 641
the Company take the position that all supervisors of the rank of as-
sistant foreman, and above, should be excluded.
These four departments constitute the Electrical Department, which
is under the supervision of the chief electrician and the plant engineer.
"'he record indicates that it is the work of the employees in these de-
partments to maintain, repair, and oil electrical machinery, egtupment,
and fixtures throughout the plant. The oilers are assigned exclusively
to the oiling of electrical motors; including electric fans and blowers.
Fhe truck driver employed in Department 341 drives a panel truck
assigned to that department, which is used for the purpose of deliv-
ering supplies, equipment, and tools from the electrical departments
to the various departments of the plant where such equipment may be
needed. The truck is also used for transporting motors, equipment,
parts, and repairs from the plant to places outside of the plant for
repair and for picking up various merchandise and equipment from
places outside of the plant and transporting such items to the plant.
This driver is not eligible for membership in I. B. E. W. He is eligible
for membership in and is claimed by the Teamsters.
The unit proposed by the Operating Engineers
The Operating Engineers alleges that the appropriate unit consists
of all operating engineers in powerhouses, reservoirs, and refrigerat-
ing, air conditioning and air compressors units, including men classi-
fied as foremen or supervising engineers, but excluding the chief engi-
neer, assistant chief engineer, and clerical employees.
The unit proposed by the Firemen and Oilers
The Firemen and Oilers proposes the following unit: All boiler
room operators, coal passers , ash handlers , oilers , crane operators,
boiler repairmen, firemen, and helpers in Department 240 (oilerhouse)
of the Plant Engineering Division, excluding the chemical solution
tester, tool crib attendants, and excluding all other employees in De-
partment 240.
All of the employees sought to be included in this unit perform
their work in the two boiler rooms of the plant, and are subject to the
supervision of the chief engineer and his subordinates.
The unit proposed by the Carpenters
The Carpenters seeks a unit consisting of all carpenters, carpenter
leadmen, and carpenter maintenance men in Department 242 (Car-
penters), and all millwrights and millwright helpers in Department
345 (Millwrights), Department 461 (Maintenance, Foundry Division)
578129-44-vol 55--42
642 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
and Department 561 (Maintenance Forge Division), including fore-
men and assistant foremen, and excluding clerical employees, carpen-
ters' helpers, general foremen, assistant superintendent, and superin-
tendent.
It appears that in Department 242, the Company employs 96 car-
penters,-including leaders, 4 helpers, 21 painters and glazers, and 6
laborers. In Department 345, the Company employs 5 leaders, 76 mill-
wrights, 21 millwright helpers, 8 welders-maintenance, 7 machine
operators, 36 oilers, 2 blacksmiths, 1 blacksmith helper, 5 crane opera-
tors, 5 drivers-truck, 1 learner. In Department 461, the Company
employs 7 pipe fitters (including leaders), 6 pipe fitter helpers, 14
oilers, 2 welders-maintenance, 18 millwrights, 6 millwright helpers.
in Department 561 the Company employs 9 millwrights, 4 millwright
helpers, 8 pipe fitters, 3 pipe fitter helpers, 1 welder-maintenance, 6
crane operators, 4 oilers, 9 furnace repairmen, and 3 laborers. The
claims of the Carpenters are based upon the limitations of its trade
jurisdiction and the custom established over a period of years. The
carpenters are engaged in the usual occupations of their trade. The
millwrights are engaged in erecting, moving, and maintaining ma-
chinery throughout the plant.
The unit proposed by the Pipe Fitters
The Pipe Fitters contends that the following unit is appropriate :
all pipe fitters, pipe fitter helpers, pipe fitter leaders, maintenance
welders, foremen and assistant foremen in Department 246 (Steam
Fitters and Masons) and pipe fitters, pipe fitter leaders, and pipe fitter
helpers in Departments 461 (Maintenance, Foundry Division) and 561
(Maintenance, Forge Division), excluding the general foreman, la-
borers and clerical employees. The U. A. W.-C. I. O. and the Com-
pany would exclude foremen and assistant foremen as supervisory
employees.
The record reveals that it is the work of employees in this alleged
appropriate unit to install, maintain, and repair all pipes throughout
the plant.
The unit proposed by the Teamsters
The Teamsters seeks a unit consisting of all drivers operating ve-
hicles outside of buildings, within and without the plant area, exclud-
ing employees in the plant-protection department, passenger car
drivers, station wagon drivers, all salaried drivers, foremen, assistant
foremen and other supervisory employees, dispatcher, laborers, crane
operators, material handlers, and checkers.
It appears that the Company employs drivers in its Transportation
and Yard Departments. In the Yard Department, the employees
DODGE CHICAGO PLANT 643
operate not only trucks handling coal and other materials but also
drive yard cleaning equipment such as sweepers and snow plows.
The Company maintains several trucks for which it does not em-
ploy regular truck drivers. One example of this is a truck in the
electrical department which is used principally for repairing lights
in the parking lot. This truck is driven by an electrician, incidental
to his electrical duties. The Union does not desire to represent any
such drivers.-- The Company employs station wagon drivers who
operate a short bus line within the plant area. The Company also
employs courtesy car drivers who drive passenger cars and drivers
in the garage (Department 217-Service Garage) whose diving
duties are incidental to the work of the garage. The Teamsters does
not desire any of these drivers in the unit.
The unit proposed by the Bricklayers
The Bricklayers requests a unit of furnace repairmen, brick masons,
and machinery repairmen who are bricklayers, excluding foremen
and assistant foremen.
The unit proposed by the U. A. W.-C. I. 0.
The U. A. W.-C. I. 0. contends that the appropriate unit consists
of all production and maintenance employees of the Company at
the Dodge Chicago Plant, excluding timekeepers, plant-protection
employees, office employees, confidential salaried employees, salaried
engineers, and all supervisory employees of the rank of assistant
foremen, and above. None of the parties questions the propriety
of excluding timekeepers, plant-protection employees, confidential
salaried employees, and salaried engineers from the unit proposed
by the U. A. W.-C. I. 0.
Included among the employees in the U. A. W.-C. I. O.'s proposed
unit are pattern engineers, pattern makers, and pattern makers' ap-
prentices. These employees are now represented by the Pattern
Makers, intervenor herein, which, following a hearing and an elec-
tion, was certified by this Board on September 16, 1943, as their ex-
clusive bargaining representative. The Pattern Makers contends
that its certification of September 16, 1943, constitutes a bar to a
present determination of representatives among said employees. The
U. A. W.-C. I. 0. takes the position that the certification should be
no bar, on the ground that the election among the pattern makers
was premature because, at that time, the Company employed less than
one-tenth of the expected normal complement. The U. A. W.-C. I. 0.
8 However , the Teamsters does desire to represent the regular truck driver in Department
341 whose duties have been described above
644 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
raised the same objection in the earlier proceeding and we found it
to be without merit "since the expansion in employment in the balance
of the plant will not affect the pattern makers unit." 3 There has
been no material change in circumstance since the aforesaid decision.
In view of this and the fact that the certification is less than a year
old, we shall exclude these employees from the voting groups here-
inafter established.
Except for the employees in the Pattern Makers' unit, there is no
history of collective bargaining among the employees in the Dodge
Chicago Plant.
From the foregoing, it appears that the employees in the units
proposed by the A. F. of L. Unions and the Die Sinkers, except as
discussed below, might properly constitute separate units or be merged
in the industrial unit proposed by the U. A. W.-C. I. O. In these
circumstances, we shall suspend our determination of the appropriate
unit or units, pending the outcome of separate elections which we
shall hereinafter direct.
There remains for consideration i he specific composition of the
voting groups.
Superviso?,y employees: As stated above, some of the unions de-
sire the inclusion of assistant foremen and foremen in their respective
units., It is the position of the U. A. W.-C. I. O. and the Company
that all supervisory employees of the rank of assistant foremen, and
above, should be excluded. All supervisory persons, including as-
sistant foremen and foremen, are on a monthly salaried pay roll.
Assistant foremen and foremen engage in no manual labor, with the
exception of assisting employees in times of emergency or for pur-
poses of instruction or direction. All of the time of these supervisors
is spent in direction, management, and supervision. Assistant fore-
men and foremen are eligible for bonuses, vacation plans, insurance,
and other employment activities, which differ greatly from facilities,
activities, and privileges available to hourly paid production and
maintenance workers. They have the right to hire and discharge
or to recommend hire and discharge, and to take disciplinary action
with respect to any employees under their supervision. They attend
foremen's meetings and receive special advice and instructions from
the Company with respect to their supervisory status. They handle
personnel and labor relations in their various departments.
The foremen, or supervising engineers, sought to be included by the
Operating Engineers, have the usual and regular supervisory duties of
other foremen, although it does appear that they are called upon to do
more manual work than other supervisory employees. This fact, how-
4 Matter of Dodge Chicago Plant, Division of Chrysler Corporation , 52 N. L R B 1256.
The I B E W , operating Engineers, Carpenters , and Pipe Fitters.
DODGE CHICAGO PLANT 645
ever, does not distinguish them in any material way fr6m other super-
visory employees.
We are of the opinion, and find, that all employees of the rank of
assistant foreman, and above, are supervisory employees and shall be
excluded from the voting groups established hereinafter.
Leaders: In the various maintenance, production, and assembly de-
partments, the Company employs leaders. These persons are men or
women, usually of greater skill or experience than other persons in the
particular department or branch of the Company, who have the duties
of directing and assisting fellow employees. Unlike assistant fore-
men and others above that rank, leaders have no power to hire, dis-
charge, or recommend any such action. The leaders are paid on an
hourly basis and normally receive 5 cents per hour above the top
ilass fication of fellow employees. Most of the leaders' time is spent
In manual labor. It is the position of all the unions and the Company
chat leaders should be included in the respective bargaining units.
We shall include all leaders in the voting groups.
Clerical employees: In the various divisions and departments of the
plant, the Company employs clerical workers who are engaged as
stenographers, clerks, record keepers, and in various other clerical
,apacities. These persons are on the salary pay roll and the Company
employs no hourly paid clerical employees. They perform no manual
labor on the products manufactured by the Company nor on the ma-
chines, equipment, and tools used in the manufacture of the product
or in the maintenance of the property. It is the position of all the
Unions and the Company that these salaried clerical employees should
oe excluded front all bargaining units. In view of the foregoing facts,
we shall exclude all clerical employees from the voting groups.
The I. A. N. unit
As stated previously, the unit proposed by the I. A. M. consists of
maintenance machinists in various classifications in Departments 331,
335, and 336. It appears that the Company employs persons of these
same classifications and skills in Departments 428, 557, and 558. Since
the unit is defined on the basis of skill and occupation, and the I. A. M.
has indicated its willingness to include in the unit those employees in
Departments 428, 557, and 558 who are of the same classifications as
those in Departments 331, 335, and 336, we are of the opinion, and
find, that the employees in Departments 428, 557, and 558, excluding
those employees in Department 557 who work on dies or parts of dies
used in the manufacture of forgings, should be grouped with the
employees in the unit proposed by the I. A. M., for bargaining
purposes.
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Blacksmiths unit
The Blacksmiths defines its unit as consisting of all employees of the
Forge Division, excluding janitors, machine and tool engineers, elec-
tricians, employees in Department 557 who work on dies or parts of
dies used in the manufacture of forgings, employees to Department
561 (Maintenance) whose work brings them within the jurisdiction of
the Carpenters, Pipe Fitters, and Bricklayers, and clerical and super-
visory employees.
The evidence shows that the employees in the proposed unit do not
constitute a homogeneous or functionally coherent group. The term
"Forge Division," as employed by the Blacksmiths, is a term used by
the Company solely as a matter of accounting convenience, and, it in-
cludes many departments which are, functionally, outside of the true
forge division. Thus, it includes the Stores, Receiving, Shipping, and
Material Handling Departments which are part of the Material and
Stores Division, under the supervision of the planning superintendent
of the entire plant. It also includes Department 527 which is part of
the Inspection Division, under the direction of the chief inspector.
It further includes the Janitors, Electricians and Maintenance Depart-
ments which are a part of the Maintenance Division, under the super-
intendent of Maintenance for the entire plant. Finally, it embraces
a number of departments which constitute what might be termed the
true forge division. These are Tool Stores and Cribs, Cutter Grind-
ing, Blacksmiths, Hammer Shop (heavy), Steel Cutters, Hammer
Shop (light), Rough Grind, Rough Turning, Heat Treat, Machine
and Tool Engineering and Superintendents. The true forge division
also includes two other departments-557 and 558. However, the em-
ployees in these departments, because of their special skills,