Chrysler Corp.

National Labor Relations Board - Board Decisions

Nov 12, 1971

194 N.L.R.B. 183 (N.L.R.B. 1971)

CHRYSLER CORPORATION 183
Chrysler Corporation (Airtemp Division) and Interna-
tional Union of Electrical, Radio and Machine
Workers, AFL-CIO-CLC and its Professional,
Technical and Salaried Conference Board, Local
758, Petitioner. Cases 9-UC-52, 9-RC-8851,
9-RC-8852,9-RC-8853, and 9-RC-8854
November 12, 1971
SUPPLEMENTAL DECISION AND
DIRECTION OF ELECTION
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND KENNEDY
On August 27, 1971, the National Labor Relations
Board issued a Decision, Order , and Direction of
Election ' in this proceeding . On September 10, 1971,
the Petitioner filed a Motion for Reconsideration,
requesting that the Board direct a self-determination
election for a single clerical employee to determine
whether she wishes to be included in the existing unit
of salaried office clerical employees . The Employer
filed a memorandum in opposition to the Motion for
Reconsideration.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-member
panel.
Upon consideration of the Motion for Reconsidera-
tion, the memorandum filed by the Employer, and the
entire record in these cases, including the briefs
heretofore filed , the Board hereby grants the Petition-
er's Motion for Reconsideration.
In its original Decision, the Board dismissed the
petition filed in Case 9-RC-8854, in which the
Petitioner sought a unit of all clerical employees in the
industrial engineering department at the Employer's
1 192 NLRB No. 177.
2 In Case 9-RC-4160 (not published in NLRB volumes), the Petitioner
was certified as the bargaining representative for a unit of all salaried office
clerical employees at the Employer's Dayton facilities . All employees in the
industrial engineering department were specifically excluded from this unit.
3 The petition in Case 9-RC-8854 is hereby reinstated for the purpose
of directing the instant election.
4 The Employer has questioned the adequacy of the Petitioner's showing
of interest for this employee . It is well settled that the sufficiency of the
showing of interest is an administrative matter not subject to litigation. O.
D. Jennings & Company, 68 NLRB 516. We are administratively satisfied
that the Petitioner's showing of interest is adequate.
We reject the Employer 's contention that an election cannot be directed
because the voting group in question does not contain a substantial
number of employees- We have directed self-determination elections in a
number of cases to determine whether one employee wished to be included
in an existing unit. E.g., Armour & Company, d/b/a Memphis Cotton Oil
Mill, 115 NLRB 515, 517-518 (maintenance employee); The Enterprise
Dayton facilities. The Board found that the proposed
unit could not be appropriate as it would include but
one employee. The Board further found that the
employee in question did not possess a sufficient
community of interest with the industrial engineers to
be included with them in a departmental unit.
However, the Board did not decide whether this
employee could be included in the existing office
clerical unit represented by the Petitioner.2
The employee in question, the machine operator B,
performs general typing and filing duties. Her
working hours, lunch hour, and fringe benefits are the
same as those of employees in the existing office
clerical unit, which includes employees with similar
job classifications. There is no evidence that she acts
in a confidential capacity to persons who formulate,
determine, and effectuate management policies in the
field of labor relations. We therefore find that she may
be represented as part of the existing office clerical
unit if she so desires. Accordingly, we shall direct that
an election be held3 to determine whether the
machine operator B desires to be represented by the
Petitioner for the purpose of collective bargaining.4 If
she votes for the Petitioner, she will be taken to have
indicated her desire to be included in the office
clerical unit currently represented by the Petitioner
and will be deemed to be part of such unit. If she does
not vote for the Petitioner, she will remain unrepre-
sented.
In accordance with the foregoing, we shall direct an
election in the following voting group:
All office clerical employees in the industrial
engineering department at the Employer's Day-
ton, Ohio, facilities, but excluding secretaries to
managers, guards, and supervisors as defined in
the Act, and all other employees.
[Direction of Elections omitted from publication.]
Company, 106 NLRB 798 (editorial room employee ); Arcade Manufacturing
Division of Rockwell Manufacturing Company, 96 NLRB 116, 117-118 (plant
clerical employee).
5 In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them. Excelsior
Underwear Inc, 156 NLRB 1236; N.L R.B. v. Wyman-Gordon Co., 394 U.S.
759. Accordingly, it is hereby directed that an election eligibility list,
containing the names and addresses of all the eligible voters, must be filed
by the Employer with the Regional Director for Region 9 within 7 days of
the date of this Supplemental Decision and Direction of Election. The
Regional Director shall make the list available to all parties to the election.
No extension of time to file this list shall be granted by the Regional
Director except in extraordinary circumstances . Failure to comply with this
requirement shall be grounds for setting aside the election whenever proper
objections are filed.
194 NLRB No. 33