Chrysler Pittsburgh Co., Inc.

National Labor Relations Board - Board DecisionsNov 19, 1941

36 N.L.R.B. 1117 (N.L.R.B. 1941)

In the Matter of CHRYSLER PITTSBURGH COMPANY, INC., and UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-3145Decided November 19, 1941 Jurisdiction : automobile selling and servicing industry. Investigation and Certification , of Representatives : existence of question : Com- pany questions union's majority in alleged appropriate unit ; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company, in- cluding the employee in the new car handling department , but excluding executives , supervisors , foremen, the assistant foreman in the service depart- ment, the working foremen in the paint and body shop and in the parts, department , new and used car salesmen , parts salesmen , service salesmen, counter sales clerks, employees in the wholesale department , the plant timer keeper, the shop timekeeper , regular watchmen , doormen, order desk clerks, the parts claims clerk , the parts claims manager , the shop clerk , the service department clerk, and general office employees. Larkin, Rath.bone do Perry, by Mr. John D. Leary, of New York City, for the Company. Mr. L. C. Earhart, of Wilkinsburg, Pa., Mr. Benjamin C. Sigal, of Pittsburgh, Pa., and Mr. Maurice Sugar, of Detroit, Mich., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 1, 1941, United Automobile Workers of America aIM- iated with the C. I. 0., herein called the Union, filed with the Re- gional Director for the Sixth Region (Pittsburgh, Pennsylvania) a -petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Chrysler Pittsburgh Com- pany, Inc., Pittsburgh, Pennsylvania, herein called the Company, ands requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 24, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to, 36 N. L . R. B., No. 229. 1117- 1118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 3, 1941, the Regional Director issued a notice of hear- ing; copies of which were duly served.upon the Company and the Union. Pursuant to notice, a hearing was held on October 9, 1941, at Pittsburgh, Pensylvania, before W. â€¢G. Stewart Sherman, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union-were" represented by counsel and both partici; pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded both parties. During the course of the hearing, the Trial Examiner made several rulings upon motions and upon objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Chrysler Pittsburghf Company, Inc., is a subsidiary of Chrysler Corporation of Detroit, Michigan. The Company is engaged in the sale, distribution, and repair of Chrysler and Plymouth automobiles and Plymouth trucks, in the sale of various types of automotive parts and equipment, and in the repairing and servicing of motor vehicles at Pittsburgh, Pennsylvania. - During the period from January 1, 1941, to June 30, 1941, the Company purchased materials, including automobiles, trucks, parts, and accessories, valued in excess of $4,000,000, 99 per cent of which were purchased from sources outside Pennsylvania. During the same period, the Company sold such prod- ucts in excess of $4,000,000, of which approximately 2 per cent were sold to purchasers outside Pennsylvania. II. THE ORGANIZATION INVOLVED United Automobile Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In December 1938 there was a strike at the Company's plant. In June 1939 the Company and the Union entered into an agreement in settlement of -the strike, the Company orally recognizing the Union as CHRYSLER PITTSBURGH COMPANY, INC. 1119 bargaining agent for its members employed by the Company. In April 1941, the Union asked the Company to recognize it as exclusive representative of the Company's employees. The Company ques- tioned the Union's majority. The Union thereafter filed the petition in this proceeding. A statement prepared by the Regional Director and introduced into evidence 'discloses that the Union represents a substantial num- ber of employees in the appropriate unit.' 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 Union contends that all employees of the Company, excluding executives, supervisors, foremen, new- and used-car salesmen, em-' ployees of the wholesale department,-the plant timekeeper, regular watchmen, and general office employees, constitute an appropriate bargaining unit. The Union and the Company agree that all hourly paid main- tenance and shop repairmen, including mechanics, car washers, truck drivers, and utility men, all of whom are engaged in some form of manual labor, should be included in the bargaining unit. The Union and the Company further agree that executives, supervisors, fore- men, new- and used-car salesmen, employees of the wholesale depart- ment, the plant timekeeper, regular watchmen, and general office employees, should be excluded from the bargaining unit. The Union and the Company disagree with respect to certain salesmen, clerical employees, and working foremen, more particularly described below. The Union would include them, and the Company would exclude them from the bargaining unit. Parts salesmen, service salesmen, and counter sales clerks: Parts salesmen solicit orders for parts from automobile dealers and inde- IIn support of its contention to represent a majority of employees within its proposed unit , the Union submitted 69 application cards , 33 undated and 36 dated in 1941, 48 of which bear names of employees on the Company ' s pay roll of September 1, 1941. On this pay roll there were 74 employees in its proposed unit 1120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pendent garages. They- perform their work outside the Company's plant. The Company furnishes and maintains a car for the use of each parts salesman. Service salesmen meet customers who bring cars to the shop for repair and determine the probable cause of mechanical difficulties. Service salesmen are experienced mechanics. They may make minor adjustments on cars, such as oiling a door or replacing a pin, but they normally write up orders specifying adjust- ments or repairs to be made. Such orders pass to mechanics to execute. When repairs are completed, service salesmen keep in touch with customers by telephone to follow up repair work. Counter sales clerks in the parts department work behind a counter, serving retail customers buying parts and accessories. Since their work is substantially different from that of maintenance and shop repair- men and other manual workers who the parties have agreed are within the appropriate unit, we shall exclude parts salesmen, service salesmen, and counter sales clerks from the bargaining unit. Order desk clerks, the parts claims clerk, the parts claims manager, the shop clerk, and the service department clerk: Order desk clerks receive orders over the telephone from dealers and garages and do the necessary clerical work incident to the proper delivery of such orders. They are experienced parts pickers and thoroughly familiar with the parts inventory. They relieve counter sales clerks during the lunch hour. The parts claims clerk investigates claims for new parts damaged in shipment. His duties include the replacement of returned parts in an appropriate bin. He relieves counter sales clerks during the lunch hour. Before 9 a. in. he functions as an order clerk. He occasionally assists in the shipping department. The parts claims manager handles claims for defective used parts re- turned by a customer, crediting dealers for defective parts and for labor for their installation. He keeps records necessary to identify parts by their numbers. He "sometimes packs such parts for ship- ment. The shop clerk assists the parts claims manager. He also hypes invoices from work orders written out by the service salesmen and purchase orders for the service department. The service depart- ment clerk makes out requisitions for parts and keeps records on work done on each repair job on a job sheet. These employees work in enclosed offices with either office or supervisory employees whom the parties agree to exclude from the bargaining unit. We shall exclude order desk clerks, the parts claims clerk, the parts claims manager, and shop clerk, and the service department clerk from the bargaining unit. The shop timekeeper records the time that each employee spends on a repair job. Upon his records the charges for repair work are based. His duties are comparable to 'the plant timekeeper whom CHRYSLER PITTSBURGH COMPANY, INC. 1121 the parties agree to exclude. We shall exclude, the shop timekeeper from the bargaining unit. Two employees serve as combined watchmen and doormen. They check all property which leaves the premises of the Company. They are day employees. On one or two nights per week they relieve the regular watchmen who serve on night duty. The parties agree that, the regular watchmen should be excluded and we shall exclude the doormen from the bargaining unit. One employee in the new car handling department inspects new cars delivered to the Company to determine whether such cars con- form to order before they are sent out to dealers or to purchasers. He prepares claims for damages received to cars and authorizes repairs ,for such damages. At least fifty percent of his work is manual, the remainder clerical. He drives new cars down the ramp, for delivery to dealers on the first floor. We shall include the employee in the new car handling department in the bargaining unit, The assistant foreman in the service department and the working, foremen in the paint and body shop and in the parts department: The assistant foreman in the service department is in charge of 25 shop employees when the foreman is absent. About 50 percent of his, time is devoted to such supervisory duties. He assists mechanics on various jobs as his time permits. The working foreman in the paint and body shop is in charge of that department about 50 percent of the time, while the manager of the department is out of the building making estimates. on the cost of paint and body jobs. In the absence of the manager, the working foreman estimates the cost of such repairs. He 'assigns 12 or 15 men to their jobs and is responsible for seeing that their work is properly performed. He recommends the hiring and discharging of employees. The working foreman, in the parts department supervises the work of stockkeepers and stock handlers in filling orders and delivering them to the shipping department. He supervises the receipt and storage of new parts. He recommends hiring and discharging. We shall exclude the assistant foreman in the service department and the working foremen in the paint and body shop and in the parts department from the bargaining unit. We find that all employees of Chrysler Pittsburgh Company, Inc., Pittsburgh, Pennsylvania, including the employee in the new-car handling department, but excluding executives, supervisors, foremen, the assistant foreman in the service department, the working foremen in the paint and body shop and in the parts department, new- and used-car salesmen, parts 'salesmen, service salesmen, counter- sales clerks, employees in the wholesale department, the plant time- keeper, the shop timekeeper, regular watchmen, doormen, order desk: 433118-42-vol 36--72 1122 CHRYSLER PITTSBURGH COMPANY, INC. clerks, the parts claims clerk, the parts claims manager, the shop clerk, the service department clerk, and general office employees, constitute a unit appropriate for the purposes of collective bargain- ing and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by, and we shall accordingly direct, an election by secret ballot. Those eligible to vote in the election shall be employees in the appropriate unit who were employed during the pay-roll period im- mediately preceding the date of our Direction of Election, subject to the limitations and additions set forth in the Direction. 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 â€¢ repre- sentation of employees of Chrysler Pittsburgh Company, Inc., Pitts- burgh, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All employees of Chrysler Pittsburgh Company, Inc., Pittsburgh, Pennsylvania, including the employee in the new-car handling depart- ment, but excluding executives, supervisors, foremen, the assistant foreman in the service department, the working foremen in the paint and body shop and in the parts department, new- and used-car sales- men, parts salesmen, service salesmen, counter sales clerks, employees in the wholesale department, the plant timekeeper, the shop time- keeper, regular watchmen, doormen, order desk clerks, the parts claims clerk, the parts claims manager, the shop clerk, the service department clerk, and general office employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining DECISIONS OF NATIONAL LABOR RELATIONS ,BOARD 1123 with Chrysler Pittsburgh Company, Inc., Pittsburgh, Pennsylvania, 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 of Elec- tion, under the direction and supervision of the Regional Director for the Sixth Region, acting in this matter as agent for the National Labor Relations Boar4and subject toi Article III,, Section 9, of said Rules and Regulations, among all employees of the Company who were em- ployed during the pay-roll period immediately preceding the date of this Direction of Election, including the employee in the new-car handling department and 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 States, or temporarily laid off, but excluding executives, supervisors, foremen, the assistant fore- men in the service department, working foremen in the paint and body shop and in the parts department, new- and used-car salesmen, parts salesmen, service salesmen, counter sales clerks, employees of the whole- sale department, the plant timekeeper, the shop timekeeper, regular watchmen, doormen, order desk clerks, the parts claims clerk, the parts claims manager, the shop clerk, the service department clerk, general office employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by 'United Automobile Workers of America, affiliated, with 'the Con- gress of Industrial Organizations, for the purposes of collective bar- gaining.