Chrysler Corp.

National Labor Relations Board - Board DecisionsMar 6, 1946

66 N.L.R.B. 320 (N.L.R.B. 1946)

In the Matter of CHRYSLER CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO , LOCAL UNION No. 490 Case No. 7-R-2150: -Decided March 6, 1946 Rathbone, Perry, Kelley, and Drye, by Mr. D. L. Hastings, of New York City, for the Company. Mr. William M. Jenkins, of Detroit, Mich., for the Union. Mr. Samuel M. Kaynard, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CASE Upon a petition duly filed by International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, Local Union No. 490, herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Chrysler Corporation , Detroit, Michigan, herein called the Company , the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before David Citrin, Trial Examiner. The hearing was held at Detroit , Michigan, on January 30, 1946. The Company and the Union appeared and participated . All parties 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. All parties were afforded an opportunity to file briefs with the Board. 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, owns and operates numerous plants 66 N. L . R. B., No. 36. 320 CHRYSLER CORPORATION 321 throughout the United States including the Central Engineering Plant, also known as the Engineering and Research Division, which is located in Highland Park, Michigan, and which is the plant in- volved in this proceeding. Experimental and research functions are carried on, although no products for sale are produced at this plant. Prior to the war the Company was principally engaged in the-manu- facture of automobiles and trucks and during the war it manufac- tured war materials for the United States Government and contrac- tors. From 1938 to August 15,1945, the Company annually purchased raw materials and finished parts in excess of 250 million dollars, of which approximately 45 percent was purchased from vendors located without the State of Michigan and was shipped to the State of Michigan. Since August 15, 1945, the Company has purchased tools, raw materials, and finished parts worth tens-of-thousands of dollars. When the Company gets into full production of civilian products, it expects to receive raw materials and other products at a rate at least equivalent to that at which it received them before the war. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, Local Union No. 490, is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On November 13, 1945, the Union by a letter addressed to the Company requested bargaining rights for the janitors employed at the Central Engineering Plant. In a letter dated November 15, 1945, the Company refused this request. The Company has refused to grant recognition to the Union as the exclusive bargaining representa- tive of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate." 1 The Field Examiner reported that the Union submitted 25 authorization cards bear- ing the names of employees listed on the Company 's pay roll which was submitted on January 2, 1946; said pay roll contained the names of 63 employees in the unit contended for by the Union; and that of the 25 cards , 7 were dated in August 1945, and September 1945, and 18 were undated A witness for the Union testified that 33 persons now employed by the Company in a unit sought for by the Union are presently paying dues . A representative for the Company stated that there were approximately 58 employees in the unit at the time of the hearing. 6586572-46-22 322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Act. IV. THE APPROPRIATE UNIT The Union seeks a unit of all janitors employed by the Company at its Central Engineering Plant in Highland Park, Michigan, except for foremen, foremen's clerks, and all supervisory employees, with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action.2 The Company takes no position with regard to the appropriateness of the unit although it does not object to the unit sought by the petitioner. The janitors, both male and female, perform the usual duties associ- ated with their position. They dust, sweep and polish, keep the chips away from the machines, scrub and wash the walls, and on occasions move furniture. The Union also represents the maintenance employees of the Com- pany but is seeking a separate and distinct unit comprised of janitors. Janitors have their own supervision and are paid on a salary basis, while the maintenance employees of the Company are hourly rated. There is no interchange of positions or duties between the janitors and the maintenance employees. We find that 'all janitors employed by the Company at its Central Engineering Plant, but excluding foremen, foremen's clerks, and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 employees 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. ''At the bearing the Union amended the unit as shown above. CHRYSLER CORPORATION DIRECTION OF ELECTION 323 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Chrysler Corpora- tion, 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, under the direction and supervision 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, Sections 10 and 11, of said Rules and Regulations, among employees in the unit found appropriate in Section IV, above, who were em- ployed 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, Local Union No. 490, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.