Chrysler Corp.

National Labor Relations Board - Board Decisions

Apr 7, 1944

55 N.L.R.B. 1039 (N.L.R.B. 1944)

In the Matter Of CHRYSLER CORPOR .TION and INTERNATIONAL UNION,
UNITED AuloMoBILE , AIRCRAFT & A GRICULTURAL IMPLEMENT WORIK-
ERS OF AMERICA ( UAW-CIO)
In the Matter of DODGE BROTliERs DIVISION , CHRYSLER CORPORATION
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
In the Matter of CHRYSLER MOTOR DIVISION , CHRYSLER CORPORATION
and INTERNATIONAL UNION, UNITFD AUTOMOBILE , AIRCRAFT & AGRI-
CULTIIRAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Cases Nos. 7-R-1666, 'l-R-166'% anzd 7-RD668 respectively .Decided
April 7, 1914
Rathbone , Perry, Kelley & Di-ye , by Mr . 7'. R. Iserman, of New
York City , for the Company.
Messrs . Maurice Sugar and Jack N. Tucker , by Mr . Jack N. Tucker,
of Detroit , Mich., for the Union.
Mr. A. Sumner Lawrence , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon original and amended petitions duly filed by International
Union, United Automobile, Aircraft & Agricultural Implement Work-
ers of America, (UAW-CIO), herein called the Union, alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of Chrysler Corporation, Detroit, Michigan, herein
called the Company, the National Labor Relations Board provided for
,in appropriate consolidated hearing upon due notice before Robert J.
Wiener, Trial Examiner. Said hearing was held at Detroit, Michigan,
on February 11 and 12, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Company's motion to dismiss upon the ground that
the units proposed by the Union are inappropriate, is denied for reasons
hereinafter stated. The Trial Examiner's rulings made at the hearing
55 N L. R. B, No. 103.
d
1039
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are free from prejudicial error and are hereby affirmed. All parties
were afforded the opportunity to file briefs with the Board.
Upon they entire record in the case, the Board makes the following:
6 FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chrysler Corporation, a Dalaware corporation, has its principal
place of business at Detroit, Michigan, where until February 1, 1942,
it was primarily engaged in the manufacture and sale of automobiles,
parts, and accessories. At the present time, the Company is engaged
almost exclusively in the manufacture of munitions for the United
States Government, and in the operation of plants in the States of
Michigan, Ohio, Illinois, and California. In the course of its business,
the Company uses annually raw materials having a value in excess of
$240,000,000, and produces annually finished products valued in excess
of $600,000,000. Of the raw materials, approximately 45 percent used
in each of the Company's plants is received from points outside the
State in which the plant is located. The present proceeding concerns
only employees in the Highland Park, Dodge Main, Jefferson, Kerche-
val, and Bofors Gun plants in the city of Detroit, Michigan.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement 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
On November 26, 1943, the Union, claiming majority representation
among the engineers, designers, draftsmen, and the employees in certain
departments in the Detroit, Michigan, plants hereinabove referred to,
requested that the Company arrange a meeting for the purposes of
collective bargaining. In reply thereto, the Company advised the
Union that in the absence of a certification from the Board, it could
not grant the Union's request.
A statement of a Field Examiner for the Board, introduced into evi-
dence at the hearing in each of the cases herein involved, indicates that
the Union represents a substantial number of employees in each of the
units hereinafter found appropriate .:L
' The Field Examiner reported that in Case No. 7-R-1666 ( Highland Park Unit) the
Union had submitted 204 designations dated almost entirely in December 1943, of which
192 bore the appaiently genuine original signatures of persons whose names appear on
CHRYSLER CORPORATION 1041
We find that questions affecting commerce have arisen concern-
ing the representation of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
Highland Park Unit
The Union contends that all employees in the passenger car chas-
sis, passenger car body, truck body and chassis, electrical designing
or drafting, and research development divisions of the Company's
Highland Park engineering plant in the classifications of body draft-
ing learner, body detailer, body minor lay-out, body panel detailer,
body full-size lay-out, body designer, checker body drafting, body
art detailer, body art designer, chassis drafting learner, chassis draft-
ing detailer, chassis lay-out, chassis designer, chassis checker, clay
modeler, metal lay-out and checker, wood lay-out and checker, and
engineering record clerk, excluding all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, and all other employees, constitute a unit appropriate for the
purposes of collective bargaining. The Company does not oppose
the unit as proposed by the Union except with respect to the classifi-
cations of body art detailer, body art designer, metal lay-out and
checker, wood lay-out and checker, engineering record clerk, and the
employees of the research development division.
Body art detailer and designer
The employees in the classification of body art designer work on
graphic illustrations of objects for which production is proposed.
Body art detailers work on a smaller scale and perform easier tasks,
but do similar work. The purpose of the art designer's drawing
is to show a completed piece in perspective. The drawings at the
present time are principally of ail'plane parts and are based on the
mechanical drawings of draftsmen employed by the Company.
the Company's pay roll of January 5, 1944, containing 317 names within the claimed
appropriate unit.
The Field Examiner reported that in Case No. 7-R-1667 (Dodge Main plant) the
Union had submitted 59 designations dated between November 6 and December 8, 1943,
of which 53 bore the apparently genuine original signatures of persons whose names appear
on the Company 's pay roll of January 5, 1944, containing 81 names in the claimed appro-
priate unit.
The Field Examiner reported that in Case No 7-R-1668 ( Jefferson , Kercheval and
Bofors Gun plants unit ) the Union had submitted 84 designations dated between October
20 and November 11, 1943, of which 61 bore the apparently genuine original signatures
of persons whose names appear on the Company's pay roll of January 5, 1944, containing
103 names in the claimed apropriate unit
578129-44-vol. 55-67
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During peacetime operations , designers and detailers originate ideas
with respect to the interior or exterior parts of automobiles with the
chief object of improving the appearance of the product. In the
performance of these duties designers and detailers work in close
relationship to the draftsmen and engineers . Of the last mentioned
employees, the engineers have the task of devising ways to use the
designs created by the designers and detailers . In like manner, the
draftsmen , whose pay approximates that of the designers and de-
tailers, make detailed drawings for production of the plans thus de-
vised by the engineers . While the body art designers and detailers
were not specifically mentioned in a prior representation proceeding
affecting the plant under consideration ,2 the unit as therein estab-
lished clearly included employees engaged in "lay-out designing , check-
ing, and detailing ." 3 We shall , accordingly , include body art design-
ers and detailers in the unit hereinafter found appropriate for the
purposes of collective bargaining.
Wood lay-out and checker; metal lay-out and checker
The employees in these categories do similar work, the main dif-
ference being that wood lay-out and checkers work with wood in the
wood shop, whereas metal lay-out and checkers work with metal in
the sheet metal room of a production department. While there is no
interchange between either group and the employees in the drafting
room, it appears that the employees in both classifications perform
work of the same technical nature as that done by the draftsmen with
respect to whose inclusion within the unit the Company has no ob-
jection. Under the circumstances, including the fact that employees
of like description were included in the unit previously found appro-
priate for this particular plant,4 we shall include wood lay-out and
checkers together with metal lay-out and checkers within the unit of
technical employees hereinafter found appropriate in this instance.
Engineering record clerk
With respect to this employee classification, the record reveals that
while engineering record clerks perform duties of a clerical nature they
work, nevertheless, in close association with members of the Engi-
neering Department.,' Moreover, although such employees are not
2 See Matter of Dodge Brothers Division Chrysler Corporation, 33 N. L R B 927 at 931
(Chrysler Unit ). The Highland Park plant was formerly known as the Passenger Car
Body Engineering Division
3 The Board has on various occasions included in drafting and technical units, designers,
detailers, and similar employee classifications See Matter of Art Metal Construction
Company, 40 N. L R B 842 ; Matter of Hope's Windows Inc., 41 N L. R B 430
4 See footnote 2
5 Engineering record clerks work in the same room with the draftsmen , separated only
by a partition which does not reach the ceiling.
CHRYSLER CORPORATION 1043
required to have technical knowledge for the performance of their
duties, it appears that such knowledge is not only desirable but that
it is absorbed to a considerable degree by the employees in question
in the course of their association with the engineers and other tech-
nically trained employees. In view of such relations and the resulting
opportunity for acquiring technical knowledge, such employees would
appear to be clearly distinguishable from the ordinary file clerks,
typists, and stenographers comprising the balance of the clerical em-
ployees in the engineering department. Under these circumstances,
and in view of the fact that the only labor organization involved is
seeking to represent these non-professional employees, together with
the technical and professional employees of the engineering depart-
ment," and the further fact that there is nothing in the record to
indicate that any labor organization now represents or is seeking to
represent a unit of clerical employees, we shall include within the
appropriate unit for this plant the engineering record clerks here-
inabove referred to.7
Employees of the research development division
The Company requests that all employees of this division of the
Highland Park plant be excluded from the unit and that, if this
request be denied, that separate units be established for the five divi-
sions included within the unit proposed by the Union.
The record contains undisputed testimony to the effect that the
draftsmen, designers, and engineers who are employed in the research
development division do work in all respects similar to the work per-
formed by employees in the same work classifications in other divi-
sions of the plant. Although its contention is not clear, the Company
apparently bases its request for exclusion upon the fact that the em-
ployees in this division have confidential information which it would
embarrass the Company, to have revealed to its competitors. There is,
however, no evidence to indicate that such employees bear any con-
fidential relationship to the Company with respect to its labor rela-
tions. In the absence of such evidence, we find that the employees of
this division are not confidential employees in the sense that their
presence in the bargaining unit would embarrass the Company in its
dealings with labor organizations." We shall, accordingly, include
the employees of the research development division within the unit
e See Matter of Shell Development Company , Inc , 35 N L . R. B. 192.
The Board has in numerous instances , under similar circumstances , included both techni-
cal and clerical employees within a single bargaining unit See Matter of TVestsnghouse
Electric & Manufacturing Co, 31 N L. R B . 605; Matter of E. P. Dutton & Go, 33
N. L R. B. 761 ; Matter of Aluminum Ore Company , 39 N. L. R. B 12S6 ; Matter of Kenne-
cott Copper Corporation , 40 N L R. B 1300.
8 See Matter of Murray Corporation , 45 N L R B 854, 858
1 044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereinafter found appropriate for the purposes of collective bargain-
ing with respect to the employees of the Highland Park plant.
The further contention of the Company that separate units should
be established for the employees of the five divisions hereinabove re-
ferred to is clearly without merit. The evidence shows that the work
of the five divisions forms a coherent whole from a functional point
of view. A division in the manner urged by the Company would
have the practical effect of frustrating the employees' efforts to achieve
collective bargaining with the Company. So far as the record shows,
the Company contended for no such separation at any time prior to
the hearing in the present proceeding. The request of the Company
for the establishment of separate units for the said five divisions in
the Highland Park plant is accordingly denied.
We find that all employees in the passenger car chassis, passenger
car body, truck body and chassis, electrical designing or drafting,
and research development divisions of the Highland Park Engineering
plant of the Company who are employed in the classifications of body
drafting learner, body detailer, body minor lay-out, body panel de-
tailer, body full-size lay-out, body designer, checker body drafting,
body art detailer, body art designer, chassis drafting learner, chassis
drafting detailer, chassis lay-out, chassis designer, chassis checker,
clay modeler, metal lay-out and checker, wood lay-out and checker,
and engineering record clerk, excluding supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, and all other employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
Dodge Main Unit
The Union contends that all tool, die, and fixture engineers, de-
signers, follow-up men, tool trouble men, detailers, and engineering
record clerks in the master mechanics division of the Company's Alain
Dodge plant, but excluding executives, supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, and all other employees, constitute a unit appropriate for the
purposes of collective bargaining. The Company makes no conten-
tion with respect to the appropriateness of the proposed unit other
than to request the exclusion of engineering record clerks.
The question with respect to the inclusion or exclusion of engineering
record clerks is similar to that already considered in connection with
the Highland Park plant. In addition thereto, it appears that the
engineering clerks at the Dodge Main plant perform the same duties
as did the engineering record clerks considered by the Board in a prior
CHRYSLER CORPORATION 1045
representation proceeding involving the same plant of the Company,'
and included within the technical unit therein found appropriate.
Under the circumstances, we shall include the engineering record clerks
herein concerned in the same unit with the technical employees com-
prising the balance of the proposed unit at the Dodge Main plant and
concerning whom no question has been raised by the Company.
We find that all tool, die and fixture engineers, designers, follow-up
men, tool trouble men, detailers, and engineering record clerks who are
employed in the master mechanics division of the Dodge Main plant,
excluding supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, and all other employees
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
Je fferson , Kercheval, Bofors Plants
The Union contends that all employees of the Jefferson -Kercheval-
Bofors plants of the Company (including the Curtis Wing Division),
who are employed in the master mechanics, plant engineering, and en-
gineering research divisions in the classifications of designer, detailer,
tool, die and gauge engineer, checker, lay-out man , tool trouble man,
tool follow-up man, draftsman , property officer,10 plant lay-out engi-
neer, tool supply clerk , and engineering record clerk , excluding all
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, and all other employees , constitute a
unit appropriate for the purposes of collective bargaining . The Com-
pany takes no position with respect to the proposed unit except that
(1) it objects to the inclusion of property officers , tool supply clerks,
engineering record clerks , and all employees of the engineering re-
search division; (2) it contends that the employees in the plant engi-
neering division should not be in the same unit with employees of the
master mechanics division.
Property officer; tool supply clerk
The employees in the classification of property officer formerly had
the limited duty of keeping a record of the location and use being made
of all machines in the plant. At the present time, as the result of war
contracts held by the Company, property officers have the additional
duties of keeping records of obsolete tools and equipment, whether
owned by the Company or by the Government. Their work is done for
0 See Matter of Dodge Brothers Divisoon-Chrysler Corporation, 33 N. L. R. B. 927 at 930.
10 Property officers are also referred to in the record as "equipment record clerks" and
"machine equipment record clerks."
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the engineering department, and like all technical and clerical em-
ployees, they are paid on a salary basis.
The employees described as tool supply clerks have the duties of
keeping a record of all tools stocked by the stockroom, and of requisi-
tioning an additional supply when needed. In addition thereto, such
employees have the duty of checking with the salvage department to
ascertain whether available tools are held by that department. On
occasion, tool supply clerks are consulted by engineers as well as pro-
duction supervisors as to whether or not the stockroom holds certain
tools which may be desired.
While both property officers and tool supply clerks do work of a
clerical nature, such work is done in close association with members
of the engineering department, either in connection with reporting
the location of tools, or the answering of inquiries from the engineers
as to the availability of certain tools for specific purposes. Like the
engineering record clerks previously considered; property officers
and tool supply clerks have, through their association with members
of the engineering department, opportunities for obtaining technical
knowledge not usually available to ordinary clerical employees." We
shall, accordingly, include both property officers and tool supply
clerks within the appropriate unit of technical engineering employees.
Engineering record clerk
Although there are at present no employees in this category at the
Jefferson-Kercheval-Bofors plants, these plants formerly employed,
during the period of automobile production, employees who fitted
the description of "engineering record clerks," included within the
appropriate unit of technical employees at the Dodge Main plant of
the Company under the prior proceeding hereinabove referred to 12
In view of the fact that the Company may in the future employ at
this group of plants persons of this description, having the same
duties as those previously referred to, we shall include the classifica-
tion of engineering record clerk within the appropriate unit.
Employees of the engineering research division
The contention of the Company that the employees of this division
should be excluded from the appropriate unit, is substantially the
]1
The association with engineering employees is particularly clear in the case of the tool
supply clerks who the record shows act as intermediaries between the tool contact man
and the tool engineer.
12 See Matter of Dodge Brothers Division-Chrysler Corporation, 33 N. L R. B. 927 at 930.
The classification of engineering record clerk was likewise included in a technical unit in
a prior representation proceeding involving the Jefferson, Kercheval, and Bofors Gun plants
of the Company under present consideration . See Matter of Chrysler Corporation Chrys-
ler Motor Division, 38 N. L. R. B. 749 at 752.
CHRYSLER CORPORATION 1047
same as that previously considered and rejected in the case of the
employees of the research development division in the Highland Park
plant. For the reasons already stated above, we shall include the
employees of the engineering research division within the appropriate
unit.
The further contention of the Company that the employees of the
plant engineering division should not be in the same unit with em-
ployees of the master mechanics division, has been previously urged
and rejected in the prior representation proceeding already referred
to and affecting the plants under present consideration 13 Upon the
grounds therein stated, we shall include the employees of the plant
engineering division in the same unit with those of the master
mechanics division.
We find that all employees of the Jefferson (including the Curtis
Wing Division), Kercheval, and Bofors Gun plants of the Company
who are employed in the master mechanics, plant engineering, and
engineering research divisions in the classifications of designer, de-
tailer, tool, die and gauge engineer, checker, lay-out man, tool trouble
man, tool follow-up man, draftsman, property officer, plant lay-out
engineer, tool supply clerk, and engineering record clerk, excluding
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, and all other employees, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen concerning employees of the Company be resolved by elec-
tions by secret ballot among the employees in the appropriate units
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to the limitations
and additions set forth in the Direction.
DIRECTION OF ELECTIONS
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DnUcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chrysler Corpora-
tion, Detroit, Michigan, elections by secret ballot shall be conducted
12 See Matter of Chrysler Corporation , Chrysler Motor Division, 38 N. L . R. B. 749 at 752.
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 III, Sections
10 and 11, of said Rules and Regulations, among the employees in the
units found appropriate in Section IV, above, 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 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 or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, to determine whether or
not they desire to be represented by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America
(UAW-CIO), for the purposes of collective bargaining.