Chrysler Corp.

National Labor Relations Board - Board Decisions

Oct 31, 1941

36 N.L.R.B. 593 (N.L.R.B. 1941)

In the Matter of CHRYSLER CORPORATION and UNITED PROTECTrvE
WORKERS OF AMERICA
Case No. R-3046.-Decided October 31, 191,1
Jurisdiction : automobile manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal of Company to recognize union ; held: not material that independent
petitioning union requesting unit of plant protection employees, received
organizational assistance from another union representing production and
maintenance employees where petitioner is a bona-fide labor organization,
and where contract between Company and other union does not preclude
representation of plant protection force by latter; election necessary.
Unit Appropriate for Collective Bargaining : all plant protection employees ex-
eluding chief, fire marshals, captains,, sergeants relief sergeants or' corporals,
and confidential clerks, constitute an appropriate unit notwithstanding Com-
pany's contention that plant protection force do not constitute an appropriate
unit; plant protection employees held entitled to bargain collectively through
representatives of their own choosing, and confidential and disciplinary nature
of duties does not deprive them of such right.
. Larkin, Rathbone, cf, Perry, by Mr. T. R. Isermonl and Mr. Nicholas
Kelley, of New York City, for the Company.
Mr. Daniel R. Foley, of Detroit, Mich., for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 1, 1941, United Protective Workers of America,' herein
called the Union, filed a petition with the Regional Director for the
Seventh Region (Detroit, Michigan) alleging that a question affecting
commerce had arisen concerning the representation of employees of,
Chrysler Corporation, Detroit, Michigan, 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.
'Incorrectly designated in some of the formal papers as United Protective Workers of
America, Independent.
36 N. L. R. B., No. 123.
433118-42-vol. 36-39 593
594 DECISIONS . OF NATIONAL LABOR RELATIONS BOARD
449, herein called the Act. On September 4, 1941, 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 September 10, 1941, the Regional Director issued a notice of
hearing, and on September 13, 1941, a notice postponing hearing,
copies of which were duly served upon the Company , the Union, and
upon United Automobile Workers of America, CIO , herein called
UAW-CIO, a labor organization claiming to represent employees
directly affected by the investigation . Pursuant to notice , a hearing
was held on September 24, 1941, at Detroit, Michigan , before Harry N.
Casselman , the Trial Examiner duly designated by the Chief Trial
Examiner. The Company and the Union 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. 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 committed . The rulings are hereby affirmed. On October 13,
1941, the parties filed a stipulation for the correction of the record.
The stipulation is hereby approved , and it is ordered that the record
be corrected in accordance therewith . Both parties 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 TIIE COMPANY
Chrysler Corporation, organized in Delaware on June 6, 1925, is
engaged in the manufacture of automobiles , parts, and accessories. Its
principal office is in Detroit, Michigan, and it operates plants in
Detroit, Hamtramck , Warren Township, and Marysville, Michigan;
-New Castle, Evansville , and Kokomo , Indiana; and Los Angeles,
California. In May 1939 more than 50,000 persons were employed. at
these plants , and an additional 5,000 who were not then employed, had
seniority standing. The Company also owns between 25 and 30 sub-
sidiaries in the United States. It manufactures approximately 1,200;
000 automobiles and trucks a year.
Approximately 45 per cent by value of the raw materials used by
the Company at its plants , valued at more than $240,000,000 annually,
and approximately 75 per cent by value of the finished and partly
CHRYSLER CORPORATION 595
finished products of the Company, valued at approximately $625,-
000;000 annually, are transported in -interstate -commerce., 7
Domestic and foreign sales of the Company's products are handled
by a number of subsidiary corporations, in which the. Company -is
the sole stockholder.
IT. THE ORGANIZATION INVOLVED
United Protective Workers of America is an unaffiliated labor
organization admitting to membership plant protection employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
. On July 28, 1941, the Company declined to recognize the Union as
bargaining representative of the employees in the plant protection
department of the Company's main plant and its storage plant and
arsenal, in Detroit, Michigan. A statement of the Regional Director
introduced in evidence discloses that the Union represents a substantial
number of employees in the unit which it alleges to be appropriate.2
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
a risen., 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 two plants here involved are operated by the Company as one
manufacturing unit. The Union contends that the appropriate bar-
gaining unit consists of . all plant protection employees at these .two
plants, excluding the chief, fire marshals, captains, sergeants, relief
sergeants or corporals, and confidential clerks. The Company agrees
that the suggested exclusions are proper but contends that the unit is
ill appropriate.
'The Union submitted to the Regional Director , 80 authorization cards dated between
June 1 and July 31 , 1941. Seventy-eight bore the names . of persons on the Company's
August 25 , 1941 , pay roll . The August 25 pay roll lists 116 employees in the alleged
appropriate unit. Seventy -five of the 78 cards bore apparently genuine original signatures;
3 names were band printed.
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company's position is that "a unit composed of Plant Protection
Men . . . is not a unit appropriate for the purposes, of collective bar-
gaining," for the reason that the men involved perform many con-
fidential and disciplinary tasks and are therefore instruments of
management.3
The duties of the plant protection force consist of guarding the
Company's property against sabotage, theft, trespassing, fire and acci-
dent hazards, and enforcing safety and disciplinary regulations. The
men on the plant protection force are not armed. - J
The Act confers upon employees the right to self-organization, and
to collective bargaining through representatives of their own choosing.
The duties of the plant protection employees are not such as to deprive
them of that right. The Company's contention that such a group is
not a unit appropriate for the purposes of collective bargaining is
therefore without merit .4
We find that all plant protection employees at the Company's main
plant at 6334 Lynch Road and its storage plant and arsenal at 6700
Lynch Road, Detroit, Michigan, excluding the chief, fire marshals,
captains, sergeants, relief sergeants or corporals, and confidential
clerks, constitute a unit appropriate for the purposes of collective bar-
gaining, 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 will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. All parties
agreed to the use of a current pay roll. In accordance with the desires
of the parties and our usual practice, we shall direct that the employees
of the Company eligible to vote in such election shall be those in the
appropriate unit employed. during the pay-roll period immediately
preceding the date of this Direction of Election, subject to such limi-
tations and additions as are set forth in the Direction hereinafter.
3 The Company further contends that the Union is not a bona fide labor organization,
but is a "sham union" created by the UAW-CIO to circumvent a contract in which the
UAW-CIO is recognized by the Company as the bargaining representative for the production
and maintenance employees at the two plants , excluding , inter alia, the plant protection
men. It appears that the Union has been assisted in its organizational efforts by the
UAW-CIO. That fact, however , is not material , since the Union is clearly a bona fide
labor organization within the meaning of Section 2 (5) of the Act and is presently seeking
certification as collective bargaining representative of the plant protection employees. It
may also be noted that the contract between the Company and the UAW-CIO does not
preclude representation of these employees by the UAW-CIO. See Matter of Chrysler
Corporation (Marysville Plant ) - and International Union, United Automobile Workers of
America, affiliated with CIO, 36 N. L. R. B ., No. 27.
4 See Matter of R. C. A. Manufacturing Company, Inc., and United Electrical, Radio and
Machine Workers of America, Local 103, 30 N . L. R. B., No. 103.
CHRYSLER CORPORATION 597
Upon the basis of the above findings of fact and 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 Corporation, Detroit, Michigan,.
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All plant-protection employees of the Company's main plant at
6334 Lynch Road and at its storage plant and arsenal at 6700 Lynch
Road, Detroit, Michigan, excluding the chief, fire marshals, captains,
sergeants, relief sergeants or corporals, and confidential clerks, consti-
tute 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 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
with Chrysler Corporation, 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 of Election, under the direc-
tion 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, Section 9, of said Rules and Regulations,
among all plant-protection employees of the Company's main plant
at 6334 Lynch Road and at its storage plant and arsenal at 6700 Lynch
Road, Detroit, Michigan, who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during said 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
the chief, fire marshals, captains, sergeants, relief sergeants or cor-
porals, confidential clerks, and employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented for the purposes of collective bargaining by United Pro-
tective Workers of America.