Chrysler Corp.

National Labor Relations Board - Board Decisions

Nov 17, 1948

80 N.L.R.B. 334 (N.L.R.B. 1948)

In the Matter of CHRYSLER CORPORATION , EMPLOYER and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETITIONER
Case No. 7-RC-54.-Decided November 17 , 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization named below claims to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit; the determination of representatives :
The Petitioner seeks to represent a unit composed of all office and
clerical employees in the Employer's Highland Park Manufacturing
Division offices, excluding all employees in the Engineering Building,
General Office and Export Building, guards, professional employees,
and supervisors as defined in the Act, and employees covered by exist-
ing agreements.' The Employer contends that the proposed unit is
inappropriate, asserting that the employees sought by the Petitioner
*Chairman Herzog and Members Reynolds and Gray.
1 At the time of the hearing, the Petitioner separately represented the Employer 's High-
land Park plant hourly rated employees and timekeepers pursuant to collective bargaining
agreements with the Employer.
80 N. L. R. B., No. 73.
334
CHRYSLER CORPORATION 335
should be separated into three units consisting of employees in : (1)
the accounting department, (2) the planning department, and (3) a
group of miscellaneous departments. In the alternative, the Em-
ployer would further divide the employees in the miscellaneous de-
partments into two separate units.
The parties stipulated that the duties of employees sought herein
are substantially the same as those of employees in similar classifica-
tions at the Dodge main plant who, in a recent case, were established
by the Board as a separate unit 2 In these circumstances, we believe
that all office and clerical employees in the Employer's Highland Park
Manufacturing Division offices should also be placed in a single unit
excluding, however, all employees in the classifications and depart-
ments listed in Schedule A,3 attached hereto, and factory clerks.
For the reasons stated in the case cited above, we shall also estab-
lish a separate voting group for factory clerks. If they vote for the
Petitioner in the election directed herein, they will be deemed a part
of the existing production and maintenance unit; and the Petitioner,
which now represents the Employer's production and maintenance
employees and timekeepers at the Highland Park plant, may bargain
for them as part of that unit.
The parties are in disagreement as to the following categories and
classifications of employees, whom the Petitioner would include and
the Employer would exclude :
Telephone operators; rate clerks: In view of the parties' stipulation
that these employees perform duties like those performed by similar
employees who were included in the unit established by the Board in
the earlier Chrysler case, and as no sufficient reason to the contrary
here appears, we shall, for the reasons stated in that case, include them
in the unit.
Service garage typist: This employee works in the Parts Division
of the service garage, which, for administrative purposes, is consid-
ered a part of the Highland Park Manufacturing Division of the
Employer. It appears that this typist performs the customary duties
of her classification. In these circumstances, we shall include the
service garage typist in the unit.
We find that all office and clerical employees employed by the Em-
ployer at its Highland Park Division Manufacturing offices, including
telephone operators, rate clerks, and the service garage typist, but
excluding all employees in the Engineering building, General Office
and Export building, guards, professional employees, confidential em.-
Matter of Chrysler Corporation , 76 N. L. R. B 55.
s The parties stipulated that these employees should be excluded from the unit.
336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees ,4 employees covered by existing agreements , factory clerks,
employees listed in Schedule A, and all supervisors as defined in the
Act,5 constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
We shall direct that separate elections be held among :
(a) Employees in the unit found appropriate above.
(b) Factory clerks in the Employer's Highland Park Manufac-
turing Division, excluding all confidential employees 6 and supervisors
as defined in the Act.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, separate elec-
tions by secret ballot shall be conducted as early as possible, but not
later than 30 days from the date of this Direction, under the direction
and supervision of the Regional Director for the Seventh Region, and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, as amended, among the em-
ployees in the appropriate unit and the voting group described in
paragraph numbered 4; above, who were employed during the pay-
roll period immediately preceding the date of this Direction of Elec-
tions, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the elections, and also excluding employees on strike who are not en-
titled to reinstatement, to determine in each group whether or not
they desire to be represented, for purposes of collective bargaining,
4 Although the parties also disagree as to the inclusion of alleged confidential clerks in
the Accounting Division, there is no evidence in the record from which we may make a
determination as to their status. If , however , they do in fact assist or act in a confidential
capacity to any person exercising managerial functions in the field of labor relations, they
are to be excluded from the appropriate unit; otherwise they are to be included. See
Matter of Ford Motor Company, 66 N L. R. B 1317; Matter of Automatic Electric Com-
pany, 78 N. L. R. B. 1057. Cf. Matter of Allied Mills, Inc., 76 N. L. It. B. 973.
5 The parties likewise disagree as to the inclusion of alleged supervisors in the Book-
keeping Department and the group leader in the general stenographic section, concerning
whom the record contains no evidence from which we may determine their status. If
they exercise supervisory powers within the meaning of Section 2 (11), they are to be
excluded from the unit ; otherwise they are to be included . See Matter of The American
News Company , Inc., 77 N. L It B 1036, and cases cited therein.
6 The considerations mentioned in footnote 4, above, apply to the alleged confidential
clerks in Departments 20, 21, 27, 103, 105, and 254, whose inclusion in the voting group
is urged by the Petitioner. If they do in fact assist or act in a confidential capacity to
any person exercising managerial functions in the field of labor relations , they are to be
excluded from the appropriate unit; otherwise they are to be included . See Matter of
Ford Motor Company, supra; Matter of Automatic Electric Company, supra. Cf. Matter
of Allied Mills, Inc., supra.
CHRYSLER CORPORATION 337
by International Union , United Automobile , Aircraft and Agricul-
tural Implement Workers of America (UAW-CIO).
SCHEDULE A
"Outside Contact Man" in Department 10.
Chief Safety Inspector and Safety Inspectors in Department 14.
Staff men and Special Assignment men in, Department 10.
Draftsmen and 'technical employees in Departments 28, 32, 50
and 57.
Yardmasters.
Employees in Building No. 243.
Central Labor Relations employees.
Central Plant Protection employees.
Hospital and Central Medical Department.
Employees in Department No. 7 (Superintendence).
Employees in Department 8 (Employment).
Employees in Department 12 (Welfare).
Employees in Department 509 (Restaurant).