Chrysler Corp.

National Labor Relations Board - Board Decisions

May 5, 1945

61 N.L.R.B. 953 (N.L.R.B. 1945)

In the Matter of CHRYSLER CORPORATION, AIRTEMP DIVISION, INDIAN-
APOLIS PLANT and UNITED STEELWORKERS OF AMERICA, C. I. O.
Case No. 11-R-780.-Decided May 5, 19415
Mr. Donald L. Hastings, of New York City, for the Company.
Mr. John Rusak, of Indianapolis, Ind., for the Union.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America, C. I.
0., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Chrysler Corporation, Airtemp Division, Indianapolis Plant, Indian-
apolis, Indiana, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before William O. Murdock, Trial Examiner. Said hearing was held
at Indianapolis, Indiana, on April 6, 1945. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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. ' 0
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Chrysler Corporation is a Delaware corporation with its prin-
cipal offices located in Detroit, Michigan. Prior to the war the Com-
pany was principally engaged in the manufacture and distribution
of automobiles and automotive parts. At the present time it is en-
gaged almost entirely in the manufacture of war materials for use in
the war effort. The Company owns and operates numerous plants
61 N. L. R. B, No. 157.
953
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
located in various States of the United States, one of which is involved
in this proceeding. It is known as the Chrysler Corporation, Airtemp
Division, Indianapolis Plant. It was recently purchased from the
Schwitzer-Cummins Company of Indianapolis, Indiana, and is now
engaged in the manufacture-of stokers and unit heaters. The prin-
cipal raw materials purchased by the plant are iron; steel, and motors,
the value of which will exceed $100,000 for the year. The correspond-
ing sales will amount to over $200,000. At least 25 percent of the pur-
chases comes from outside the State of Indiana, while 25 percent of
the finished products is shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate."
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.
,o
IV. THE APPROPRIATE UNIT
The parties are in substantial agreement that the appropriate, unit
should consist of all production and maintenance employees, includ-
ing employees in the Sales Division, but excluding plant-protection
employees, office and clerical employees, timekeepers, foremen, and
all other supervisory employees. There is a controversy, however,
concerning the status of inspectors. The Union seeks to include them
in the production and maintenance unit while the Company contends
that they are supervisory employees and should therefore be excluded
from the unit.
'The Field Examiner reported that on February 23, 1945, the date the petition was
filed , of 84 employees in the unit petitioned for, the Union submitted 78 membership
cards All were dated between February 19 and February 22, 1945
CHRYSLER CORPORATION 955
The record discloses that the Company employs five inspectors,
each of whom works in a different department in close proximity to
the production employees. Each inspector is responsible to both a
chief inspector and the plant superintendent. The inspector has no
authority to hire, discharge, or discipline employees, nor has he the
power to effectively recommend the same. He may call the attention
of the plant superintendent to the inferior workmanship of an em-
ployee, but any corrective measures are completely in the superin-
tendent's discretion. Except for the fact that the inspectors are not
paid on a piece-work basis,2 there is no indication of any difference
between the working conditions of inspectors and those of produc-
tion employees. Inspectors had been included as part of the bargain-
ing unit in the contract between the Union and the former plant
owner, the Schwitzer-Cummins Company. In view of their proxim-
ity and common interests with production employees, we shall include
inspectors in the production and maintenance unit.3
We find that all production and maintenance employees of the Com-
pany, including inspectors and the employees in the Sales Division,
but excluding plant-protection employees, office and clerical employees,
timekeepers, foremen, and all other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, 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 question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, 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-
2 While most employes are paid on a piece -work basis , many, including inspectors, are
not There is no indication in the evidence that inspectors earn any higher wages than
production employees
See Matter of Baldwin Company, 54 N L R B 1020, Matter of Crane Enamelware
Company, 56 N L R. B 259; Matter of Dortch Stove Works, 58 N. L. R. B. 431.
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion, Airtemp Division, Indianapolis Plant, Indianapolis, Indiana,
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 Eleventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees who did not work during the 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 dis-
charged 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 United Steelworkers of America, C. I. 0., for the pur-
poses of collective bargaining.