Chrysler Motor Parts Corp.

National Labor Relations Board - Board Decisions

Nov 29, 1940

28 N.L.R.B. 170 (N.L.R.B. 1940)

In. the Matter of CHRYSLER MOTOR PARTS CORPORATION and UNITED
AUTOMOBILE WORKERS OF AMERICA, LOCAL No. 447, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. B-2131.-Decided November 29, 1940
Jurisdiction: automobile accessory and parts manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord recognition to union and request that certification be obtained ;
election unnecessary : certification on record not opposed by Company.
Unit Appropriate for Collective Bargaining : all pickers, packers, or stockmen
in the stock department at the Company's Kansas City depot, excluding office
help and supervisors.
Mr. Roy P. Swanson, of Kansas City, Mo., for the Company.
Mr. William Ashworth and Mr. Gilbert E. Jewell, of Kansas City,
Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 14, 1940, United Automobile Workers of America,
Local No. 447, affiliated with the American Federation of Labor,
herein called the Union, filed with the Regional Director for the Sev-
,enteenth Region (Kansas City, Missouri) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of. Chrysler Motor Parts Corporation, Kansas City,
Kansas, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 23, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2 , as amended , ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On October 31, 1940, the Regional Director issued a notice of hear-
ing copies of which were duly served upon the Company and the
28 N. L . R. B., No 33.
170
CHRYSLER MOTOR PARTS CORPORATION 171
Union. Pursuant to notice, a hearing was held on November 7, 1940,
at Kansas City, Missouri, before Joseph A. Hoskins, the Trial Ex-
aminer duly designated by the Board. The Company was repre-
sented by counsel, the Union by its business representative; both par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on,
the issues was afforded all parties. During the course of the hearing
the Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I I. THE BUSINESS OF THE COMPANY
Chrysler Motor Parts Corporation is a Delaware corporation with
its office in Kansas City, Kansas, where it maintains a depot for the
distribution of automobile and truck service parts and accessories.
During August and September 1940 the Company sold or distributed
service parts and accessories valued at approximately $77,000, approxi-
mately $67,000 of which were shipped by it to points outside the State
of Kansas. Approximately all of the merchandise handled by the
Company at its Kansas City depot is received by the Company from
points outside the State of Kansas.
II. THE ORGANIZATION INVOLVED
United Automobile Workers of America, Local No. 447, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership all pickers, packers, or stockmen in the stock
department at the Company's Kansas City depot, excluding office
help and supervisors.
M. THE QUESTION CONCERNING REPRESENTATION
During August 1940 the Union requested the Company to bargain
with it as the exclusive representative of all pickers, packers, or stock
men in the stock department at the Company's Kansas City depot.
The Company replied that it would not bargain with the Union until
it had been certified by the Board. A statement of the Regional
Director introduced at the hearing shows that the Union represents
a substantial number of employees in the unit alleged by it to be
appropriate.'
k
The Regional Director 's statement shows that seven of the nine employees on the
September 14, 1940 , pay roll of the Company have signed membership and attendance
cards in the Union.
172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has -arisen concerning the representa=
tion of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING
REPRESENTATION UPON COMMERCE' -
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relationship to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union urges that all pickers, packers, or stockmen in the stock
department at the Company's Kansas City depot, excluding office
help and supervisors, constitute an appropriate unit. The Company
stated that it would abide by any unit found by the Board to be appro-
priate. The employees in the unit urged by the Union are engaged in
the distribution of automobile and truck service parts and accessories
and are the only persons other than office help and supervisors em-
ployed at the Kansas City depot of the Company.
We find that all pickers, packers, or stockmen in the stock depart-
ment at the Company's Kansas City depot, excluding office help and
supervisors, constitute a unit appropriate for the purpose of col-
lective bargaining, and that said unit will insure to employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing, the Union, claiming-to represent a majority of the
employees in the appropriate unit, introduced in evidence member-
ship and attendance cards signed by six of the eight employees in
the appropriate unit whose names appear on the Company's pay roll
of October' 30, 1940. The Union stated that it desired to be certified
upon the basis of the record. The Company stated that it does not
oppose certification of the Union on the record.
We find that the' Union has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the ex-
clusive representative of all employees in.such unit for the purposes
of collective bargaining, and we will so certify.
CHRYSLER MOTOR PARTS CORPORATION 173
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Chrysler Motor Parts Corporation, Kansas
City, Kansas, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All pickers, packers, or stockmen in the stock department at the
Company's Kansas City depot, excluding office help and supervisors;
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National'Labor Relations
Act.
3. United Automobile Workers of America, Local No. 447, affili-
ated with the American Federation of Labor, is the exclusive repre-
sentative of all the employees designated in Paragraph 2 above, for
the purposes of collective bargaining, within the meaning of Section
9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, '
IT IS HEREBY CERTIFIED that 'United Automobile Workers of
America, Local No. 447, affiliated with the American Federation of
Labor, has been designated and -selected by a majority of all pickers,
packers, or stockmen in the stock department of Chrysler Motor Parts
Corporation, Kansas City, Kansas, as their representative for the
purposes of collective bargaining, and that, pursuant to the provi-
sions of Section 9 (a) of the Act, United Automobile Workers of
America, Local No. 447, affiliated with the American Federation of
Labor, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
CHAIRMAN HARRY A. MILLIs took no part in the consideration of
the above Decision and Certification of Representatives.