Chrysler Corp.

National Labor Relations Board - Board Decisions

May 5, 1945

61 N.L.R.B. 949 (N.L.R.B. 1945)

In the Matter of CHRYSLER CORPORATION and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA (UAW-CIO) , LOCAL UNION No. 490
Case No. 7-R-1966.-Decided May 5, 1945
Rathbone, Perry, Kelley, and Drye, by Mr. Donald L. Hastings, of
New York City, and Mr. Robert E. Drury, of Detroit, Mich., for the
Company.
Mr. Nicholas J. Rothe, of Detroit, Mich., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
0
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO), Local Union No. 490, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Chrysler Corporation, Detroit, Michigan,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Sylvester
J. Pheney, Trial Examiner. Said hearing was held at Detroit, Mich-
igan, on April 4, 1945. The Company and the Union appeared and
participated. All parties 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 oportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chrysler Corporation, a Delaware corporation having its prin-
cipal office in Detroit, Michigan, operates numerous plants through-
61 N. L. R. B., No. 156.
949
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
out the United States including both the Highland Park plant in
Highland Park, Michigan, and the John R. plant 2 miles away in
Detroit, Michigan, with which two plants this proceeding is concerned.
The Company is normally engaged in manufacturing automobiles,
trucks and automotive parts and accessories. At the present time,
however, its facilities are devoted almost exclusively to the manu-
facture of munitions for the United States Government. In its op-
erations the Company annually uses raw materials valued in excess
,of $500,000,000 and produces finished products valued at'more than
$1,000,000,000. Of the raw materials used in each plant of the Com-
pany, approximately 45 percent is received from points outside the
State where the plant is located.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America (UAW-CIO), Local Union No. 490,
affiliated with the Congress of Industrial Organizations, is a labor or-
ganization admitting to membership employees of the Company.
111. THE QUESTIONS CONCERNING REPRESENTATION
On January 20, 1945, the Union requested that the Company recog-
nize it as the collective bargaining representative of the timekeepers
employed at the Highland Park and John R. plants of the Company.
In a letter dated January 23, 1945, the Company refused to accede to
such request on the ground, among others, that the timekeepers are
not "employees" within the meaning of the Act.
A statement of the Board agent, 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.
IV. THE APPROPRIATE UNIT
The Union seeks a unit comprising all employees in the timekeeping
departments of the Highland Park and John R. plants, excluding the
factory auditor, the assistant factory auditor, the chief timekeeper,
'The Field Examiner reported that the Union submitted 17 authorization cards, that
the names of 16 persons appearing on the cards were listed on the Company 's pay roll of
March 17, 1945 , which contained the names of 32 employees in the appropriate unit ; and
that of the 17 cards 14 were dated in December 1944 and January 1945, and 3 were undated.
CHRYSLER CORPORATION 951
the assistant chief timekeeper, and the secretary to the chief time-
keeper. The Company contends that timekeepers are not "employees"
within the meaning of the Act, that they are "adjuncts of management"
and so identified with the interests of their employer as to make them
"employers" under the Act. The Company agrees that, if its con-
tention as to the "employee" status of the timekeepers is overruled, the
unit sought by the Union is appropriate.
The timekeepers perform the usual duties associated with that posi-
tion. We have previously considered similar arguments covering the
status of timekeepers with like duties at other plants of the Company,
and, as in those cases,2 find them to be without merit. Accordingly, we
find that all employees in the timekeeping departments of the High-
land Park and John R. plants of the Company, excluding the factory
auditor, the assistant factory auditor, the chief timekeeper, the assist-
ant chief timekeeper, the secretary to the chief timekeeper and all
other 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, constitute a unit ap-
propriate 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 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 Corpo-
ration, Detroit, Michigan, an election by secret ballot shall be con,
ducted 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
2 Matter of Chrysler Corporation , Plymouth Division, 56 N. L R B, 1302 ; Matte? of
Chrysler Corporation, New Castle Division, 55 N. L. R. B., 1215.
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in the unit 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
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees 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 Automobile, Aircraft and Agricultural
Implement Workers of America (UAW-CIO), Local Union No. 490,
for the purposes of collective bargaining.