Chrysler Corp.

National Labor Relations Board - Board Decisions

Apr 7, 1952

98 N.L.R.B. 1105 (N.L.R.B. 1952)

CHRYSLER CORPORATION 1105
ingly, such duties also fall within that definition 5' We find, therefore,
that the field employees are agricultural laborers within the meaning
of the Act.
Although the shop employees, in the performance of their duties at
the shops, do not work on a farm, the record nevertheless establishes
that they service, maintain, and repair only the machinery used by
the Employer in its farming operations, and that such machinery is
used only in such operations. Under these circumstances, we find
that the duties of the shop employees involve a practice performed by
the Employer as an incident to its farming operations, and that such
duties also fall within the definition of agriculture s We find, there-
fore, that the shop employees are also agricultural laborers within the
meaning of the Act.
As we have found that all the employees sought by the Petitioner
,are agricultural laborers, we find that no question affecting com-
merce exists concerning the representation of employees of the Em-
ployer within the'meaning of Section 9 (c)- (1) and Section 2 (6)
and (7) of the Act. Accordingly, we shall dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
6 Fives et at. v. Serrales , 145 F. 2d 552 ( C. A. 1) ; Waialua Agr. Co. , Ltd. v. Maneja
at at., supra; Roberts Fig Company, 88 NLRB 1150, 1152; L. Maxey, Inc., 78 NLRB
525, 526.
0In a letter to the Solicitor of the Board , dated October 4, 1949 ( WHM 35: 370-371),
the Assistant Solicitor of the United States Department of Labor expressed the opinion
that repair shop employees who repaired machinery and equipment used on a farm, and
off the farm appeared to be engaged in some work which was incidental to the farming
operations . See also Wage and Hour Div., Interpretative Bulletin No. 14, par. 12.
CHRYSLER CORPORATION, MICH,AUD ORDNANCE PLANT and INTERNA-
TIONAL UNION OF UNITED AUTOMOBILE, AIRCRAFT, AGRICULTURAL &
IMPLEMENT WORKERS OF AMERICA, CIO (UAW-CIO), PETITIONER.
Case No. 15-RC-637. April 7, 1952
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Charles R. Kyle,
hearing officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Chairman Herzog and Members Murdock and Styles].
98 NLRB No. 163.
1106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.,'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act. -
4. The Petitioner seeks to represent a unit of all production and
maintenance employees, excluding office, clerical, and professional
employees and statutory exclusions. The Intervenors seek to rep-
resent several craft units, more fully discussed below. The Employer
takes no position as to any of the units requested by the various labor
organizations involved herein, but insists that if the Board finds
that several craft units may be appropriate, only craftsmen should
be included in the separate craft units. The Employer also contends
that the petition herein was prematurely filed.
Since May 1951, the Employer has been engaged in rehabilitating
and outfitting a vacant ordnance plant for the purpose of producing
tank engines for the United States Army Ordnance Department.
At the time of the hearing the Employer had 287 skilled employees
in its maintenance department, composed of tool and die makers,
machinists, carpenters, millwrights, electricians, and powerhouse
employees. It had 85 production employees, and 198 unskilled, non-
production employees. The Employer anticipated that at the end
of the first quarter of 1952 it would have 332 skilled employees dis-
tributed among the various crafts, 105 production employees, and
210 unskilled, nonproduction employees. At the end of the second
quarter of 1952 it expected to have 340 skilled craftsmen, 217 produc-
tion employees, and 228 unskilled, nonproduction employees. At
the end of the third quarter of 1952 it expected to have 380 skilled
craftsmen, 764 production employees, and 260 unskilled, nonproduc-
tion employees. Towards the end of 1952 the Employer is expected
to have 1,100 production employees, 400 skilled craftsmen, and 290
unskilled, nonproduction employees 2
United Association of Journeymen and Apprentices of Plumbing and Pipefitting Indus-
try of the United States and Canada, Local 60, AFL, herein called Pipefitters ; International
Association of Machinists , Lodge 37, AFL, herein called IAM ; International Brotherhood
of Electrical Workers, Local 130, AFL, herein called IBEW ; United Brotherhood of Car-
penters & Joiners of America, Millmen's Local 1312, AFL, herein called Carpenters ; and
International Union of Operating Engineers , Local 226 , 226a, 226c, AFL, herein called
Operating Engineers , have been permitted to intervene on the basis of adequate showings
of interest.
2 The Employer anticipates the probability of expansion beyond the present program, in
which case it would require the services of between 8,700 and 9,000 employees , including
approximately 700 salaried employees.
CHRYSLER CORPORATION 1107
The record is clear, however, that although the Employer's labor
complement at the time of the hearing was comparatively small as
against its estimated labor force at the end of 1952,1 each of the groups
presently employed is substantially representative of the labor force
to be employed at the time when the plant will be in complete op-
eration. "Moreover, the plant as it is presently set up, is under the
supervision of a general manager, and is now divided into several
operating departments or divisions, such as the production depart-
ment, maintenance department, master mechanic division, inspection
division, and materials division. Each department or division is un-
der an appropriate head, who reports to the general manager and in
turn has under him a complete supervisory hierarchy starting with
the general foremen and going down to sectional foremen.
Upon the entire record in this case, we find that the employees
presently employed in the various departments and divisions of the
Employer's plant are substantially representative segments of all
employees to be employed when the plant will be in complete opera-
tion. In these circumstances, we see no reason for departing from the
Board's usual policy of directing an immediate election.4
There remains for consideration the question whether the craft
units requested by the various Intervenors herein are appropriate:
Under the plant engineer, there is in the Employer's plant a super-
intendent of maintenance, and under him a general foreman. Under
the latter, there are several foremen in charge of the various crafts
employed at the Employer's plant. Each craft group is separately
located in the plant, and although the employees in each craft are
called upon to work at various places where needed throughout the
plant, they are subject to the supervision of their own craft foremen.
The record is clear that most of the groups whom the Intervenors
desire to represent in separate units are skilled craftsmen, such as
the Board has generally held to be entitled to separate representation
if they so-desire. At the present, the Employer has no helpers or
apprentices for each of the crafts employed in its plant.
The pipefitters, toolroom employees, and the electricians appear to
constitute homogeneous craft groups, each of which may constitute a
separate unit. The Carpenters, however, seeks to combine the Em-
ployer's carpenters and its millwrights in a single unit. These two
groups are located in separate quarters, are under separate immediate
supervision, and perform substantially different types of work, the
carpenters working only on wood and the millwrights on metal.
Although the record indicates that each of these groups is composed
S The hearing was held on January 30 , 1952. The Employer then had a little over 26
percent of the labor complement it anticipated to have at the end of the year 1952.
* Ford Motor Company, Aircraft Engine Division , 96 NLRB 1075; Bell Aircraft Corpo, a-
tion, 96 NLRB 1211. Cf. A. 0 Smith Corporation, 97 NLRB 1570.
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of skilled craftsmen, we believe that they may not together constitute
a single appropriate unit. We shall accordingly establish separate
voting groups for the millwrights and carpenters .5
The Operating Engineers seeks to establish a unit composed of the
Employer's powerhouse employees and those who operate the boilers
and air compressors. It would also include in this unit all oilers,
employees who operate refrigeration and air-conditioning units, and
employees who operate tuggers, cranes, draglines, bulldozers, sewerage
disposal equipment, hot water heaters, and fire pumping equipment.
The oilers, thus sought to be included with a powerhouse group,
work throughout the plant, oiling machinery and equipment wherever
necessary. As it does not, appear that they are closely associated with
the powerhouse employees, we shall exclude them from the power-
house voting group, hereinafter established, and, as they are not
craftsmen or otherwise entitled to separate representation, we shall
include them in the residual production and maintenance group.'
The Employer's sewerage disposal plant is located about one-half
mile from the main plant. It is operated by three laboratory tech-
nicians, of whom one has had some training in chemical analysis. It
appears that the tests performed by these employees are relatively
routine and simple and require little training for making these tests.
We shall exclude the sewerage disposal employees from the power-
house voting group on the ground that they have no interests in com-
mon, and shall include them in the residual production and main-
tenance-group.?
The record discloses that the Employer has no refrigeration or
air-conditioning equipment, draglines, or bulldozers. The Employer
does have an electrical, crane which is very seldom used. When it
is needed, one of the electricians operates it. Likewise, there is no
special employee category in charge of operating the hot water heat-
ers or fire pumping equipment. When repairs are required on this
equipment, the work is performed by the appropriate craftsmen, such
as pipefitters, from the maintenance department. In these circum-
stances, we shall make no determination as to the operators of re-
frigeration and air-conditioning equipment, draglines, bulldozers,
tuggers, cranes, hot water heaters, or fire pumping equipments How-
ever, as the powerhouse employees, including those who operate the
boilers and air compressors, appear to constitute a group such as
' International Paper Company, Southern Kraft Division, (Rayon Plant), 94 NLRB
500.
e International Paper Company, Southern Kraft Division, ( Rayon Plant ), supra.
7 J. P. Stevens and Co ., Inc., 93 NLRB 1513.
s Cities Service Refining Corporation, 94 NLRB 1634.
CHRYSLER CORPORATION 1109
the Board has frequently held may be represented in a separate unit,
we shall direct an election in a separate voting group composed of
these employees .9
We shall make no present determination as to the scope of the
appropriate unit or units, but shall first ascertain the desires of the
emnplo7ees as expressed in the elections herein directed. We shall
direct separate elections by secret ballot among the following groups
of employees at the Employer's Michaud, Louisiana, plant, exclud-
ing from each voting group all office, clerical, and professional em-
ployees, guards, and all supervisors as defined in the Act :
Group (a) : All pipefitters.
Group (b) : All toolroom employees.
Group (c) : All carpenters.
Group (d) : All millwrights.
Group (e) : All electricians.
Group (f) : All powerhouse employees, including employees who
operate the boilers and air compressors.
Group (g) : All production and maintenance employees, including
oilers and sewerage disposal employees.
If a majority of the employees in groups (a), (b), (c), (d), (e),
or (f) , vote for the labor organization seeking to represent that group
separately, they will be taken to have indicated their desire to con-
stitute a separate appropriate unit, and the Regional Director con-
ducting the -elections herein is instructed to issue a certification of
representatives to such labor organization or organizations for such
unit or units, which the Board under such circumstances finds to be
appropriate for purposes of collective bargaining.
In the event a majority in any of the voting groups (a) to (f)
vote for International Union of Automobile, Aircraft & Agricul-
tural Implement Workers of America, CIO, they will be taken to
have indicated their desire to be represented by such union, and, if
a majority in group (g) likewise vote for such union, the Regional
Director is instructed to issue a certification of representatives to
International Union of Automobile, Aircraft & Agricultural Im-
plement Workers of America, CIO, for a plant-wide production and
maintenance unit, including therein the employees in any one or more
of groups (a) to (f) in which a majority has voted for such union,
v. hich unit the Board, under such circumstances, finds to be appropri-
ate for purposes of collective bargaining."
[Text of Direction of Elections omitted from publication in this
volume.]
IInternational Paper Company, Southern Kraft Division (Rayon Plant), supra.
10 The Grizzly Manufacturing Company, 97 NLRB No. 174.
993666-vol. 93-53-71