Chrysler Corp.

National Labor Relations Board - Board Decisions

Jun 14, 1943

50 N.L.R.B. 484 (N.L.R.B. 1943)

III the Matter of CHRYSLER CORPORATION , PLYMOUTH PLANT and
LOCAL 51, INTERNATION AL UNION, UNITED AUTOMOBILE , AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. R-5196.-Decided June 14, 194,3
Rat)ibone, Perry, Kelley and Drye, by Mr. T. R. Iserman, of New
York City, for the Company.
Maurice Sugar and J. N. Tucker, by Mr. J. N. Tucker, of Detroit,
Mich., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF 'ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 51, International Union, United
Automobile, Aircraft and Agricultural Iwplement Workers of Amer-
ica (UAW-CIO), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of•Chrysler Corporation, Detroit, Michigan, herein called the
-Company, the National Labor Relations Board provided for an appro-
priate hearing upon-due notice before Peter F. Ward, Trial Examiner.
Said hearing was held at Detroit, Michigan, on ApriL21, 19,43.. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chrysler Corporation has heretofore been engaged in the manu-
facture of automobile parts and accessories. At he present time
the Company is engaged almost exclusively in manufacturing
munitions and military vehicles for the United States Government.
50 N. L R B., No. 76.
- 484 .
CHRYSLER CORPORATION 485
The Company maintains its principal office at Detroit, Michigan. It
operates plants at Detroit, Hamtramck, Warren Township, and
Marysville, Michigan; Newcastle, Evansville, and, Kokomo, Indiana;,
and at Los Angeles, California. It also owns between 25 and 30
subsidiaries in the United States. The instant proceedings directly
involves the plant known as the Plymouth plant at Detroit, Michigan.
The Company normally manufactures about 1,200,000 automobiles
and trucks per, year. From sources outside the State in which each
plant is located, the Company receives approximately 45 percent by
value of the raw materials used at the plant. Approximately 75 per-
cent by value of the products made at each plant is transported out
of the State in which the plant is located. The aggregate amount of
raw materials used by the Company exceeds $240,000,000 per year.
The value of the products finished and partly finished at the Com-
pany plants exceeds $625,000,000 per year.
II. THE ORGANIZATION INVOLVED
Local 51, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America ,(UAW-CIO), is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 25, 1943, the Union addressed a letter to the Company
requesting negotiations with regard to grievances pertaining to em-
ployees'of the Company in its cafeteria on the ground that these em-
ployees would properly come under the bargaining agreement ex-
ecuted between the Company and the Union on November 29, 1939,
since these employees were, not specifically excluded. On"" March 6,
1943, the Company replied that the Board's certification "applies
only to certain production and maintenance employees and the agree-
ment dated November 29, 1939, only covers employees the Union was
certified to represent. Cafeteria employees are neither production nor
maintenance employees." 1
A statement prepared by the Regional Director, introduced in evi-
dence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be
appropriate.2
1 See Matter of'Chrysler Corporation and United ' Antomobile Workers of America, Local
871, affiliated 'w ith C 1 0 ., etc, 17 N. L R B. 737.
2 The Regional Director reported that the Union submitted an affidavit of dues pay ments
which lists 11 members in good standing in the Union Of the 11 names contained in the
affidavit , 8'are the names of persons whose names appear on the Company 's pay -roll of
April 5, 1943 There are approximately 11 employees in the unit. Counsel for the Com-
pany objected to the introducetion - in evidence of the Regional Director 's statement on the
ground that it does not appear that the signatures affixed to the affidavit of dues pay-
5° G 105-44-vol 50-32
486 DECRSILONiS OF NLi.TIiONAL LABOR R'ELATIO^NiS BOARD
We find that a question affecting ,commerce has arisen concerning
the representation, of employees of the Company, within the meaning
of Section ,q (c) .and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should comprise all
cafeteria employees ofthe•Company, at the Plymouth plant, exclud-
ing the chef and assistant chef. The Company took no position with
respect to the unit.
We find that all cafeteria'eniployees of the Company at the Ply-
mouth plant, excluding the chef and assistant chef, constitute a. unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) 'of, the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
,has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
'Election herein, subject to the limitations and additions set forth in
said Direction.
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, and pursuant to Article III, Section 9, of National Labor
- Relations Board Rules and Regulations-Series. 2, as amended, it is
'hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chrysler,Corpora-
tion, 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, under the direction 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
ments are authentic , and that the statement is irrelevant and incompetent . The Trial
Examiner overruled the objection. We have heretotore affirmed the rulings of the Trial
Examiner and we find that the Company 's contention is without merit. As we have
frequently stated, the report of a Board agent with respect to a claim of authorization
for the purposes of representation is taken , not as proof of the precise number of employees
who desire to be represented by a labor organization, but rather to protect the Company
and the Board from unfounded claims by - such organization and to give reasonable
assurance that , a substantial number of employees desire to be so represented. See Matter
of Inteilal;e Iron Cotporat,oa and Local Union 1657, Steel 1l 'oiters,0,fan ,ruag Cpbannttee,
38 N. L . It. B. 139.
I
CHRYSLER CORPORATION 487
III, Section 10, of said, Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were' em-
ployed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during said
pay-roll -period because they were ill or on vacation or temporarily
laid off, and including employees in the armed. forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit ors been discharged for cause, to determine
whether or not they desire to be represented by'Local 51, International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America , (UAW-CIO),' for the purposes ' of collective
bargaining.
MR. GERARD D. ,REILLY took no part in the consideration . of. the
above Decision and Direction of Election.