Chrysler Corp.

National Labor Relations Board - Board Decisions

Aug 12, 1943

51 N.L.R.B. 1256 (N.L.R.B. 1943)

In the Matter of DODGE CHICAGO PLANT, DIVISION OF CHRYSLER COR-
PORATION and PATTERN MASERS LEAGUE OF NORTH AMtRICA, CHICAGO
ASSOCIATION '
Case ATo. R-5658.-Decided August 12, 1913
Rathbone, Perry, Kelley and Drye, by Mr. T. R. Iserman, of New
York City, for the Company.
Mr. Roy E.'Rogers, of Hammond, Ind., and Mr. G. Hallstrom, of
Chicago, Ill., for the Pattern Makers.
Meyers cf Meyers, by Mr. Ben Meyers, of Chicago, Ill.,' for the
UAW-CIO.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Pattern Makers League of North
America, Chicago Association, herein called the Pattern Makers,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Dodge Chicago Plant, Division of
Chrysler Corporation, Chicago, Illinois, herein-called the Company,
the National Labor Relations Board, provided for an appropriate
hearing upon due notice before Robert R. Rissman, Trial Examiner.
Said hearing was held at Chicago, Illinois, on July 9, 1943. The
Company, the Pattern Makers, and the United Automobile, Aircraft
& Agricultural Implement Workers of America, C. I. 0., herein called
the UAW-CIO, appeared and participated 1 All parties were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
3 The International Association of Machinists , the International Union of Operating Engi-
neers, Local 399, and the International Diesinkers Conference were also served with notice
but did not appear.
51 N. L. R. B., No. 199.
1256
DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPORATION 1257
FINDINGS OF FACT
I. TAE BUSINESS OF THE COMPANY
Chrysler Corporation is a corporation operating plants in Michi-
gan, Ohio, Indiana, California, and Illinois. Prior to February 1942,
the corporation manufactured cars and trucks. It now manufactures
munitions. From sources outside the State in which each plant is
located, the corporation receives approximately 45 percent by value
of the raw materials used in the plant. The aggregate value of the
raw materials used by the-corporation in all of its plants exceeds
$240,000,000 a year. The corporation delivers substantially all of its
products to the United States Government at the plant where the
respective products are made.
This proceeding concerns only the corporation's Chicago, Illinois,
plant which it designates as Dodge Chicago Plant, Division of Chrys-
ler Corporation. The plant is designated to manufacture aircraft
engines but it is not yet in production although parts of engines to be
manufactured are being made. The plant is owned by the Defense
Plant Corporation, an instrumentality of the United States Govern-
ment, and is operated by Chrysler Corporation.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, Chicago Association,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
United Automobile, Aircraft & Agricultural Implement Workers
of America, affiliated with the Congress of Industrial Organizations,
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to grant recognition to the Pattern Makers
as the exclusive bargaining representative of its pattern makers
and pattern engineers on the ground that it doubted the Pattern
Makers' majority among such employees.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Pattern.Makers represent a substantial
number of employees in the unit hereinafter found appropriate.'
'The Regional Director reported that the Pattern Makers submitted 39 cards, all of
which bore apparently genuine original signatures . Of these 23 appear on the Company's
June 5, 1943 , pay roll as pattern makers and 16 appear on the May 31, 1943, pay roll as
pattern engineers . At the hearing the UAW-CIO presented 1000 cards but there was
no effort made to determine whether or not any of the cards were signed by persons included
in the Pattern Makers' unit.
1258 DECISIONS -0F NATIONAL LABOR RELATIONS 'BOARD-
The Company and the UAW-CIO contend that inasmuch as the
Company now employs less than one-tenth of the expected normal
complement of persons to be employed, that this petition is premature
and should be dismissed. The Company now employs 16 pattern
engineers and 27 pattern makers. It contemplates using a staff of 12
pattern engineers and 100 pattern makers when full employment is
reached. The record indicates, however, that because of the scarcity
of trained pattern workers in the United States, the Company's quota
of pattern makers, or even a substantial increase in the number now
employed cannot be reached for an indefinite period of time. Since
the expansion in employment in the balance of the plant will not of-.
feet the pattern makers' unit, the pattern makers should not be de-
prived of their rights under the Act pending such expansion.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
W. THE. APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The Pattern Makers contends for a unit of pattern engineers, pat-
tern makers, and pattern makers' apprentices. The Company admits
that a pattern makers' unit might be appropriate but would exclude
pattern engineers therefrom.
Pattern making is a highly skilled work, a distinct craft, requiring
a great deal of training. A unit of pattern makers and their appren-
tices bargains successfully and in harmony with the balance of the
plant in many industrial plants. -On the other hand, the work of the
pattern makers is the base for the work of many, if not all of the
other employees of the plant. This close interrelation of function
makes feasible an industrial unit including pattern makers; and this
type of unit bargains successfully for pattern makers in many indus-
trial plants. Accordingly, the Board has long recognized the appro-
priateness of a unit of pattern makers or an industrial unit including
pattern makers, depending upon the desires of the workers affected.3
Although the CIO offered no proof of representation of the Company's
pattern makers, since their representation in the plant as a whole is
substantial, we shall give the pattern makers this choice.
The record discloses that the pattern engineers are highly skilled
pattern makers who perform the more difficult portion of pattern
making in the Company's plant; that the work done by these pat-
tern engineers. is performed in most plants by the pattern makers
themselves and that in other plants, employees whose work is com-
3 See Matter of General Motors Corporation , Eastern Aircraft, Linden Dit,slon , 44 N. L.
R. B. 513, and cases cited therein.
DODGE CHICAGO PLANT, DIVISION OF CHRYSLER CORPORATION 1259
parable to that of the pattern engineers, 4 are represented in a unit
with the pattern makers. Pattern engineers have no authority to
hire, discharge, or discipline other employees of the Company, nor
are their recommendations solicited in such matters. We shall in-
clude them within the unit.
We find that the pattern engineers, pattern makers and pattern
makers' apprentices, excluding foremen and all other supervisory
employees with authority to hire, promote, discharge, discipline or
otherwise effect changes in the status of employees or effectively recom-
mend such action, may constitute an appropriate unit within the mean-
ing of Section 9 (b) of the Act if they so desire. We shall direct an
election among them. If the pattern engineers, pattern makers and
their apprentices select the Pattern Makers, they will thereby have
indicated their desire to constitute a separate unit. If they select
the UAW-CIO, such employees will have thereby indicated their desire
to be included in a unit with the general production and maintenance
group, in which event we will order this petition dismissed.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the fore-
going employees who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the 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 Dodge Chicago
Plant, Division of Chrysler Corporation, Chicago, Illinois, an elec-
tion 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
Thirteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 10, of said
Rules and Regulations, among pattern engineers, pattern makers and
pattern makers' apprentices who were employed 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
* The term "pattern engineers" is not generally used. In other plants these men are
termed "pattern-lay-out-men" or "lead men."
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding foremen and all other super-
visory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees or
effectively recommend such action, and those employees who have
since quit or been discharged for cause, to determine whether they de-
sire to be represented by Pattern Makers League of North America,
Chicago Association, affiliated with the American Federation of Labor,
or by United Automobile, Aircraft & Agricultural Implement Work-
ers of America, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining, or by neither.
CHAIRMAN MILIas took no part in the consideration of the above
Decision and Direction of,Election.