Chrysler Motors Parts Corp.

National Labor Relations Board - Board DecisionsFeb 18, 1942

38 N.L.R.B. 1379 (N.L.R.B. 1942)

In the Matter Of CHRYSLER MOTORS PARTS CORPORATION and INTER- NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL- TURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS .Case No: R-3410.-Decided February 18, 1942 Jurisdiction distribution of automobile and truck parts and accessories industry. Investigation and Certification of Representatives : existence of question: Com- pany refused to accord recognition to petitioner on _ground contract with another labor organization terminable at 'end of eleven months bars recognition of petitioner ; contract no bar where terminable by notice in less than three months after consideration by Board ; certification shall be for purpose of designating representative to negotiate new contract to succeed contract now in effect ; election necessary. Unit Appropriate for Collective Bargaining : all pickers, packers and stockmen in stock department and employees in unit pack department, excluding execu- tive, supervisory, office, clerical, plant protection employees and janitors. Mr. Roy P. Swanson, of Kansas City, Mo., for the Company. , Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., and Mr. Harry C. Clark, of Kansas City, Mo., for the C. 1. O. Mr. Gilbert E. Jewell and Mr. William Ashworth,, of Kansas City, Mo., for Local-447. Mr. Milton A. Kallis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 6, 1941, the International Union, United Automobile Air- craft and Agricultural Implement Workers of America,' affiliated with the Congress of Industrial Organizations, herein called the C. I. 0., filed with the Regional Director for the Seventeenth Region (Kansas City, Missouri) a petition alleging that a question affecting 'The C. I. O. was designated in the petition as International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations. The Trial Examiner granted the C I. O.'s motion to amend its name as above set forth. 38 N. L. R. B., No. 243. 1379 1380 DECISIONS OF NATIONAL'LABOR RELATIONS BOARD commerce had arisen concerning the representation of employees of Chrysler Motors 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 November 24, 1941, the Board ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice: On December 11, 1941, the Acting Regional Director issued, a no- tice of hearing, copies of which were duly served upon the Company, the C. I. O., and the International Union, United Automobile Work- ers of America, Local 447, affiliated with the American Federation of Labor, herein called Local 447, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice; a hearing was held on December 19, 1941, at Kansas City, Missouri, before Clarence D, Musser, the'Trial Examiner duly desig- nated by the Chief Trial Examiner. At the hearing the Company, the C. I. 0., and Local 447 appeared and were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded all parties. The C. I. O. made a motion to amend its petition relative to the appropriate unit. The Trial Examiner granted this motion. During the course of the, hear- ing, the Trial Examiner made several rulings on other 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 have been committed. The rulings .are hereby affirmed. The C. I. O. and Local 447 filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a corporation doing business at Kansas City, Kansas. It is engaged in the distribution of automobile and truck parts and accessories. The merchandise which it ordinarily handles comes from 11 States other than the State of Kansas. During October and November 1941, the Company sold or distributed merchandise worth approximately $500,000 to places in 14 States other than Kansas. October and November 1941 were typical of the business the Com- 2 The Company was designated in the petition as Chrysler Motor Parts Corporation. By stipulation the Trial Examiner ordered that all pleadings and documents in this proceeding be amended to read Chrysler Motors Parts Corporation CHRYSLER MOTORS PARTS CORPORATION 1381 -pany did in the 9 preceding months of- 1941, except that less mer- chandise was handled. Â° II. THE ORGANIZATIONS INVOLVED The International Union, United Automobile, Aircraft and Agri- cultural Implement Workers of America, is a labor organization affili- ated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Union, United Automobile Workers of America, Local 447, is -a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 26, 1941, the C. L O. requested the Company to recognize it as exclusive bargaining agent of the employees ' of the Company. The Company On May 29, 1941, refused to grant this request, and gave as its reasons, first, the certification by the Board on November' 29, 1940, of Local 447 as the exclusive bargaining representative for all the packers, pickers, and stockmen in the Company's stock' department and second, the contract made on April 30, 1941, with Local 447, pursuant to such certification. The Company and Local 447 entered into a contract' on April 30, 1941, which by its terms' remains in full force and effect until and including April 30, 1942, and continues thereafter from year to year, unless between April 1 and April 15 of any year either party shall notify the other of a desire to terminate the contract. If such notice is given, the contract expires on the following April 30. Since the ,contract may be terminated in less than 3 months ' by notice, we find the contract is not a bar to a determination of repre- sentatives within the next 30 days pursuant to our usual Direction of Election. However, any certification of representatives which we may issue as a result of the election shall be for the purpose of desig- nating representatives to negotiate a new contract to succeed the contract now- in effect.-' A statement of the Field Examiner introduced in evidence at the hearing shows that the C. I. O. represents a substantial number of employees,ir'the alleged appropriate unit.4 ' 3 Matter of Houde Engineering-Corporation and International Union, U.' A. W -C. 'I 0., Local 850, 36 N L. R B. 387 4 The statement is dated November 17, 1941, and shows that the C. I 0 submitted 123 signed authorization cards. All were dated after May '23; 1941. Seventy were dated in May, 29 in June , 11 in October , and 13 in November . All the signatures _ appear to be original and genuine . Eighty -two are names of persons who with 8 others were classified as pickers , packers, and stockmen on the pay roll for the period ending November 4, 1941 1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question has arisen concerning the representation 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 relation to trade, traffic, and 'commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The C. I. O. requests a unit of "all production and maintenance employees, excluding executive, supervisory and office employees." At the hearing the C. I. O. stated that this description embraces approxi- mately 90 "pickers, packers, and stock men" and 12 or,14 female employees in the "unit pack department." - The Company contends that the unit described in the- C. I. O.'s petition embraces classes of persons who are not presently employed and hence that the unit requested by the petition is not appropriate. The Company concedes that all pickers, packers, and stockmen should be included. As to the female employees in the unit pack department, the Company takes no position as to whether they also should be in- cluded in the unit. Local 447 made no objection to the unit requested by the C. I. O. In a prior proceeding involving the same plant the Board on Novem- ber 29, 1940, found that "all pickers, packers, or stock men in the stock department at the Company's Kansas City depot, excluding office help and supervisors, constitute" an appropriate unit.5 Pursuant to a certification issued in that proceeding, Local 447 en- tered into a contract on April 30, 1941, with the Company. It covered "pickers, packers, or stock men," but expressly provided that it did not.apply to certain classes of employees. Among them were plant protection, clerical,, and salaried employees. At the time of the Board's prior finding as to unit there were only about 9 employees involved. At the time of the contract there were between 50 and 55 employees involved. Since this contract was executed, the number of employees has increased. As a result, on the date of the hearing there were 90 employees classified as pickers, packers, and stockmen and approxi- mately 15 persons working in the unit pack department. 5 Matter of Chrysler Motors Parts Corporation and United Automobile Workers, Local No. 447 (A. F. of L:), 28 N L. R B. 170. CHRYSLER MOTORS PARTS CORPORATION 1383' The pickers, packers, or stockmen work in the stockroom and are paid weekly on an hourly basis. In addition, there are employed in the stockroom a group called the "unit pack department," consisting of a crew of from 12 to 14 female employees. They work on an hourly basis as do the pickers, packers, and stockmen. Their duties are per- formed at benches in a small area of the stockroom known as the packaging department. Here they place small parts in protective wrappings or containers. These are the same parts handled by the pickers, packers, and stockmen. We conclude, therefore, that the 12 or 14 female employees in the unit pack department are doing sub- stantially the same kind of work as the pickers, packers, and stock- men, and are a part of the stockroom employees. We accordingly find that they should be included in the unit. The record also discloses that the Company employs three watch- men, one or two clerical employees working in the receiving depart- ment, and the janitor. None of the parties to this proceeding took any specific position as to whether these employees should be included in a unit with the stockroom employees above designated. In view of the fact that the contract between Local 447 and the Company excludes plant protection, clerical, and salaried employees, and since the jani- tor is engaged in maintenance work not confined to the stockroom, we shall exclude these employees from the unit hereinafter found to be appropriate. We find that all pickers, packers, and stockmen in the stock depart' ment and employees in the unit pack department, excluding executive, supervisory, office, clerical, and plant protection employees, and jani- tors, constitute a unit appropriate for the purposes of collective bar- gaining. We further find that such unit will insure to employees of - the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by an election by secret ballot. Although the C. I. - 0. requested that the Board,select a pay roll between November 21 and December 19, 1941, for determining the eligibility of employees to vote, the record discloses no reasons for not using the usual pay roll immediately- preceding the Direction of Election. Therefore,' we shall direct that the employees of the Com- pany eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately pre- 1384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction 6 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 Motors 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, and stockmen in the stock department and employees in the unit pack department of the Company, excluding executive , supervisory , office, clerical , and plant protection employees, and janitors constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION 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, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECrm that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Chrysler Motors Parts Corporation, Kansas City, Kansas, 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 Seven- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all pickers; packers, and stockmen in the stock department and employees in the unit pack department of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United 6 The Company now employs in the stockroom perhaps 15 or 20 persons whom it considers but does not classify as temporary employees. They started to work in very recent weeks and up to the - time of the hearing (December 19, 1941 ) had been working about 30 days. The Company states it has no data which indicate whether they, are permanent or tem- porary employees . Under our Direction all such employees on the pay roll selected for determination of representatives shall be eligible to vote. CHRYSLER MOTORS PARTS CORPORATION 1385 States, or temporarily laid off, but excluding executive, supervisory, office, clerical, and plant protection employees, janitors, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, or by Inter- national Union, United Automobile Workers of America, Local 447, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.