Chrysler Corp.

National Labor Relations Board - Board Decisions

Jul 28, 1944

57 N.L.R.B. 759 (N.L.R.B. 1944)

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In the Matter Of CHRYSLER CORPORATION and INTERNATIONAL UNION,
UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORB.ERs
OF AMERICA (UAW-CIO)
In the Matter of DODGE BROTIIERS-DIVISION and INTERNATIONAL UNION,
UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORgERs
OF AMERICA (UAW-CIO)
In the Matter of CHRYSLER CORPORATION and INTERNATIONAL UNION,
UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA (UAW-CIO)
Cases Nos . 7-R-1666 to 7-R-1668 inclusive
SUPPLEMENTAL DECISION
AND ,
AMENDED CERTIFICATION OF REPRESENTATIVES
July -8,1944
On April 7, 1944, the National Labor Relations Board issued a De-
cision and Direction of Elections in the above-entitled proceeding.'
Thereafter, on May 2, 1944, elections by, secret ballot were held under
the direction and supervision of the Regional Director for the Seventh
Region (Detroit, Michigan). Upon the conclusion of the elections
the parties were furnished with Tallies of Ballots in which it appeared
that a total of 41 ballots had been challenged. Since a disposition of
the challenged ballots could not affect the results of the elections, the
Board issued 'a Certification of Representatives on May 12, 1944, in
which it certified International Union, United Automobile, Aircraft
& Agricultural Implement Workers of America (UAW-CIO), herein
called the Union, as the collective bargaining representative for each
of the three units set forth in the Decision.
On May 13, 1944, the Union -filed a petition to amend the Decision
and Direction of Elections 2 and to reopen the record in the proceeding
affecting the Jefferson, Kercheval, and Bofors Gun Plants,3 for the
/155 N. L . R. B. 1039.
2 The Union's petition while technically a petition to amend the Decision and Direction
was received subsequent to the issuance of the Certification and will therefore ` be treated
as a petition to amend the Certification with respect to the unit in question.
Case No. 7-R-1668.
67 N. L. R. B., No. 127.
759
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purpose of adducing evidence with respect to the status of tool record
clerks, tool estimators , and learners , many of whom voted under chal-
lenge at the election .4 The company-filed a memorandum in answer
thereto. On May 30, 1944, the Board issued , an Order, granting the
motion to reopen and referring the proceeding to the Regional Director
,for-the purpose of conducting a further hearing witli respect to the
issues raised by the petition and answer hereinabove referred to. , The
aforesaid hearing was held upon due notice at Detroit , Michigan, on
June 19, 1944 , before Robert J. Wiener, Trial Examiner . The Com-
pany-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 Examiner's
rulings made at the hearing are, free from prejudicial error and are
hereby affirmed . All parties were afforded an opportunity to' file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
As set forth above, the sole purpose of reopening the record and con-
ducting the additional hearing was to adduce evidence upon which,
the Board might properly rule with respect to the inclusion or exclu-
sion of tool estimators 5 and learners from the unit previously certified
for the Jefferson, Kercheval, and Bofors Gun Plants. The evidence
at the recent hearing is undisputed to the effect that the duties of tool
estimators, sometimes known as process engineers, involve the, order-
ing of tools needed for particular production jobs and also the ascer-
tainment that such tools are available to the production departments
when required. In addition thereto, such employees analyze blue-
prints from which they not only estimate the cost of tools, but also
write 'routing sheets showing which tools are needed. So far as
learners are concerned, the evidence establishes that, aside from being
less complicated, the work done by learners is exactly the same as that
performed by similar more experienced employees in the certified unit.
The Company's brief filed since the date of the hearing raises no issue
with regard to the inclusion of either tool estimators or learners and
apparently concedes the propriety of the amendment in this respect.
We find that tool estimators, sometimes known as process engineers,
a n d - learners are properly within the unit' heretofore found
appropriate .6
'The 29 employees in this unit «hose ballots were challenged at the election were
challenged by the Company upon the ground that they were learners
The tool estimators concerned number approximately seven employees.
For the inclusion of process engineers in units of technical employees see Matter, of
Oliver Farm Equipment Company , 53 N. L . R. B. 1078; for the similar inclusion of learners
in units with more experienced employees, see Matter of Curtis Aircraft Corporation, 33
CHRYSLER CORPORATION 761
At the hearing the Union further amended its petition by requesting
that certain named employees 7 be declared to be within the category of
tool record clerks," and thus within the appropriate unit. The evi-
dence discloses that, notwithstanding the fact that each of the three
named employees performs clerical work in connection with the requisi-
tioning, purchase, or delivery of tools, it is not the duty of such'em-
ployees to requisition upon their own initiative additional tools when
needed ; neither does it appear that they have the responsibility of
checking with the salvage department to-ascertain whether available
tools are held by that department. The record reveals that the named
employees perform work of an essentially clerical nature for which no
specialized or technical knowledge is required. Moreover, there is
nothing to indicate that they have either an intimate or close associa-
tion With employees of the engineering department or have any oppor-
tunity for obtaining technical knowledge not usually available to
ordinary clerical employees. We find that the named- employees in
question do not properly come within the category of too] record clerks.
Accordingly, we shall deny the Union's request.
Since it appears that the expansion of the appropriate unit to in-
clude tool estimators and learners will not affect the results of the elec-
tion; we shall amend the Certification previously issued in this pro-
ceeding by providing, inter alia, for the inclusion of tool estimators,
and learners in the unit therein set forth with respect to the Company's
Jefferson, Kercheval, and Bofors Gun Plants.
AMENDED CERTIFICATION
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, Sections 9 and 10, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended,
IT Is HEREBY CERTIFIED that Internatloilal"Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, has been designated
and selected by a majority of all employees of the Jefferson (including
Curtis Wing Division), Kercheval, and Bofors Gun Plants of Chrysler
Corporation, Detroit, Michigan, who are employed in the master,
mechanics, plant engineering, and engineering research divisions in
N. L R. B. 490; Matter of. American Rolbal Corp, 41 N L R B 007; Matter of John
Decre harvester Worts, 44 N L: R B 335
The employees concerned are Ribbentrop, Dwyar, and Moriatity, respectively '1
In its answer the Company stated it did not object to an amendment of the Board's
Certification by substituting the words "tool record clerk" for the words "tool supply
clerk" in the description of the certified appropriate unit . We find that the desired sub-
stitution is in harmony with the intention of the parties ; accordingly , we shall amend our
Certification to remove any ambiguity which might otherwise arise in ascertaining the
employees thereby intended.
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the classifications of, designer, detailer, tool, die and gauge engineer,
checker, lay-out man, tool trouble man, tool follow-up nian, draftsman,
property officer, plant lay-out -engineer,, tool record clerk, engineering
record clerk, tool estimator, and learner, excluding all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, and all other employees, as their representative
for the purposes of collective bargaining, aiid that, pursuant to Section
9 (a) of the Act, the said organization is the exclusive representative of
all such, employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi
tions of employment.
CHAIRMAN MILiIS took no part in the consideration of the above
Supplemental Decision and Amended Certification of Representatives.
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