Chrysler Corporation

National Labor Relations Board - Board Decisions

Jul 31, 1939

13 N.L.R.B. 1303 (N.L.R.B. 1939)

In the Matter Of CHRYSLER CORPORATION and UNITED AUTOMOBILE
WORKERS OF AMERICA, LOCAL 371, AFFILIATED WITH C. I. 0.
In the Matter of CHRYSLER CORPORATION and INTERNATIONAL Asso-
CIATION OF MACHINISTS DIE SINKERS LOCAL 1222, AFFILIATED WITH
A. F. L.
In the Matter Of CHRYSLER CORPORATION, A CORPORATION and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AF-
FILIATED WITH THE C. I. 0.
In the Matter Of CHRYSLER CORPORATION, A CORPORATION and LOCAL
51, INTL. UNION, UNITED AUTOMOBILE WORKERS OF AMERICA
(C. I. 0. AFFILIATE), OF WHICH LOCAL LEO LAMOTTE IS PRESIDENT
Cases Nos. R-1307, R-1308, R-1398, and R-1397, respectively.-
Decided July 31,1939
Automobile Manufacturing Industry-Labor -Organizations Involved: schism
in ranks of parent labor organization ; two groups affiliated with C. I. 0. and
A. F. L., respectively ; each group announced expulsion of other from member-
ship in parent organization; groups now constitute separate labor organiza-
tion-Labor Dispute: company and one organization claim no dispute between
employer and employees ; dispute involved-Investigation of Representatives:
controversy concerning representation of employees: several rival organizations
at one plant ; two rival' organizations at other plants ; company claims contract
with parent organization bars determination; doubt as to which is the con-
tracting labor organization ; company unable to determine with whom it must
bargain under contract ; contract, for members only, about to expire, pre-
viously renewed during pendency of this proceeding, and is limited in duration
to the pendency of this proceeding, is no bar; controversy concerning appro-
priate unites ; company refuses to recognize a labor organization as sole bargain-
ing agent; controversy concerning representation of employees by labor organi-
zations; strike-Units Appropriate for Collective Bargaining: dispute as to:
production and maintenance employees, excluding foremen, assistant foremen,
timekeepers, plant-protection employees, office employees, confidential salaried
employees, and salaried engineers ; production of plants interrelated and inter-
dependent; 11 separate plant units appropriate: plants separately managed,
and each has a labor-relations supervisor ; contract extended to all plants, except
one ; no evidence as to present union membership in plants ; past collective
bargaining recognized individual status of plants; each labor organization may
have majority in different plants ; 2 contiguous plants have one supervisor,
had one union local and considered as one, plant; craft unit for die sinkers in
one plant : factors determinative of their inclusion in or exclusion from indus-
trial unit evenly balanced ; determining factor desire of the employees engaged
in the craft ; election necessary for this purpose-Representatives: no proof
of choice in 12 industrial units ; no proof of choice of craft or production and
13 N. L. R. B., No. 121.
1303
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintenance employees at 1 plant-Elections Ordered: in industrial units;
separately among craft group, and production and maintenance employees, in
one plant.
Mr. Harold A. Cranef field, Mr. Walter B. Chelf, and Mr. Colonel C.
Sawyer, for the Board.
Larkin, Rathbone & Perry, by Mr. T. R. Iserinan, of New York
City, and Mr. L. L. Colbert, and Mr. Robert W. Conder, of Detroit,
M:ch., for the Company.
Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., and
Mr. Andrew Jacobs, of Indianapolis, Ind., for the C. I. O.-U. A. W.
Mr. Edward N. Barnard, of Detroit, Mich., and Mr. Charles R.
Salyer, of Anderson, Ind., for the A. F. L.-U. A. W. and Homer
Martin.
Mr. J. G. Meiner and Mr. J. P. Miller, of Cleveland, Ohio, and Mr.
D. Kaplan, of Washington, D. C., for the I. A. M.
Hunter, Hunter & Hunter, by Mr. Robert S. Hunter, Jr., and Mr.
Paul Brown, of New Castle, Ind., for the Association.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT or THE CASE
On October 21, 1938, International Association- of Machinists, Die
Sinkers Local 1222, herein called the I. A. M., and on December 13,
1938, United Automobile Workers of America, Local No. 371, herein
called Local No. 371, filed with the Regional Director for the Eleventh
Region (Indianapolis, Indiana) petitions alleging that questions af-
fecting commerce had arisen concerning the representation of em-
ployees of Chrysler Corporation, New Castle, Indiana, herein called
the New Castle plant, and requesting investigations and certifications
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On January 25,
1939, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
1, as amended, ordered an investigation in each case, and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice, and, acting pursuant to Article III, Section
10 (c) (2), of said Rules and Regulations-Series 1, as amended,
directed that the cases be consolidated for the purposes of hearing and
for all other purposes, and that one record of the hearing be made.
CHRYSLER CORPORATION 1305
On January 30, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
I. A. M., and Local No. 371. On February 13, 1939, New Castle
Chrysler Employees' Association, Local No. 10, National Independent
Unions of America, Inc., herein called the Association, a labor or-
ganization claiming to represent employees at the New Castle plant
directly affected by the investigation, filed with the Regional Director
a petition for permission to intervene in the proceeding. On February
15, 1939, the Regional Director issued an order permitting interven-
tion by the Association. Pursuant to the notice and postponement, a
hearing was held on March 6 and 7, 1939, at New Castle, Indiana, be-
fore Joseph L. Maguire, the Trial Examiner duly designated by the
Board. The Board, the New Castle plant, the I. A. M., Local No.
371,1 and the Association were represented by counsel and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing, the
Trial Examiner made several rulings on motions and on objections to
the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudical errors were com-
mitted. The rulings are hereby affirmed.
On February 23, 1939, Local 51, International Union, United Auto-
mobile Workers of America (C. I. O. affiliate), of which Local Leo
LaMotte is President, herein called Local 51, filed with the Regional
Director for the Seventh Region (Detroit, Michigan) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Chrysler Corporation, Detroit, Michi-
gan, herein called the Company, at its Plymouth plant in Detroit,
Michigan, and on March 15, 1939, a labor organization herein called
the C. I. O.-U. A. W., and calling itself International Union, United
Automobile Workers of America, affiliated with the C. I. 0., filed with
the same Regional Director a petition alleging that such a question had
arisen concerning the representation of employees of the Company at
all of its plants. Each petition requested an investigation and cer-
tification of representatives pursuant to Section 9 (c) of,the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
27, 1939, the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation in the
case of each of the foregoing petitions, and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice. On March 31, 1939, the Board, acting pursuant to
1 Mr Andrew Jacobs appeared for Local No. 371. Mr. Charles R. Salyer appeared on
behalf of Mr. Homer Martin , of the International Union, United Automobile Workers
of America.
1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Section 9 (c) of the Act and Article III, Section 8, of said Rules and
Regulations, ordered that the records in the cases arising out of the
petition filed by the I. A. M. and by Local No. 371 be reopened, and
that a further hearing be held; pursuant to Article III, Section 10
(c) (3), of said Rules and Regulations,'ordered'that these two cases be
transferred to and continued in the Seventh Region; and further,
pursuant to Article III, Section 10 (c) (2), of said Rules and Regu-
lations, ordered that the four cases be consolidated for all purposes
and that one record of the hearing be made.
On April 26, 1939, the Regional Director for the Seventh Region
issued a notice of hearing, copies of, which were duly served upon the
Company; the C. I. O.-U. A. W.; the I. A. M.; Local No. 371; Local
51; the Homer Martin group of the International Union, United
Automobile Workers of America, which group later affiliated with the
American Federation of Labor, and Homer Martin, herein collectively
called the A. F. L.-U. A. W.; and the Association. Pursuant to the
notice and postponement, a hearing was held on May 16, 17, 18, 19, 22,
25, 26, 31, and June 1, 2, 5, 6, 7, and 8, 1939, at Detroit, Michigan,
before William' R. Ringer, the, Trial Examiner -duly, designated by' the
Board. The Board, the Company, the C. I. O.-U. A. W., the A. F.
L.-U. A. W., Local No. 371, Local 51, and the I. A. M. were represented
by counsel and participated in the hearing. Counsel who had ap-
peared for the Association in the proceeding involving employees of
the New Castle plant notified the Board that they were not authorized
to appear for the Association in the consolidated proceeding, and
advised that the Association was willing to base its case upon the
record made at the New Castle hearing.
Full opportunity to be heard, to examine and to cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing, the Trial Examiner
denied motions of the A. F. L.-U. A. W. to dismiss the petition for
want of jurisdiction of the Board to entertain the petition during
the pendency of a Court proceeding involving the determination of
the party entitled to the use of the name, International Union, United
Automobile Workers of America. The Trial Examiner made numer-
ous other rulings on motions and on objections to the admission of
evidence. The Board has reviewed all the rulings of the Trial Ex-
aminer and finds that no prejudical errors were committed. The
rulings are hereby affirmed.
The Company, the C. I. O.-U. A. W., and the A. F. L.-U. A. W.
filed briefs, which the Board has considered.
Pursuant to notice, a hearing for the purpose of oral argument was
held before the Board at Washington, D. C., on June 30, 1939. The
Company, the C. I. O.-U. A. W., the A. F. L.-U. A. W., and the
CHRYSLER CORPORATION 1307
I. A. M. were represented by counsel and participated in the argu-
ment.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chrysler Corporation, organized in Delaware on June 6, 1925, is
engaged in the manufacture of automobiles, parts, and accessories.
Its principal office is in Detroit, Michigan, and it has plants in De-
troit, Hamtramck, Warren Township, and Marysville, Michigan;
New Castle, Evansville, and Kokomo, Indiana; and Los Angeles,
California. In May 1939 more than 50,000 persons were employed
at these plants, and an additional 5,000, who were not then employed,
had seniority standing. The Company also owns between 25 and 30
subsidiaries in the United States. It manufactures approximately
1,200,000 automobiles and trucks a year.
Approximately 45 per cent by value of the raw materials used
by the Company at its plants, valued at more than $240,000,000 annu-
ally, and approximately 75 per cent by value of the finished and
partly finished products of the Company, valued at approximately
$625,000,000, annually, are transported in interstate commerce.
Domestic and foreign sales of the Company's products are han-
dled by a number of subsidiary corporations, in which the Company
is the sole stockholder.
II. THE LABOR ORGANIZATIONS INVOLVED
Prior to January 20, 1939, International Union, United Automo-
bile Workers of America, was a labor organization, affiliated with
the Congress of Industrial Organizations. That labor organization
is herein called the International Union. On January 20, 1939, a
schism occurred in the ranks of the International Union. There-
after, one group, herein called the C. I. O.-U. A. W., reaffirmed its
affiliation with the Congress of Industrial Organizations and elected
R. J. Thomas its president. The other, herein called the A. F. L.-
U. A. W., under the leadership of Homer Martin, who prior to the
schism had been president of the International Union, renounced
affiliation with the Congress of Industrial Organizations and, dur-
ing the hearing of the consolidated cases, announced its affiliation
with the American Federation of Labor.
Each group has announced the expulsion of the other from mem-
bership in the International Union and claims the right to the name
1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and property of the International Union.2 Each has its own office,
claims substantial membership among the Company's employees, and
has held separate conventions attended by representatives of its
adherents. Each, through its counsel, has asserted the permanence
of its organizational existence. We find that the C. I. O.-U. A. W.
and the A. F. L.-U. A. W. are separate labor organizations, affiliated,
respectively, with the Congress of Industrial Organizations and the
American Federation of Labor.3 Both organizations admit to mem-
bership production and maintenance employees of the Company.
United Automobile Workers of America, Local No. 371, and Local
51, International Union, United Automobile Workers of America
(C. I. O. affiliate), of which Local Leo LaMotte is President, are
labor organizations which, prior to January 20, 1939, were affiliated
with the International Union. They admit to membership employees
of the Company at its New Castle and Plymouth plants, respectively.
International Association of Machinists, Die Sinkers Local No.
1222, is a labor organization affiliated with the American Federation
of Labor, and admits to membership die sinkers and persons em-
ployed in the manufacture and maintenance of dies used to complete
forgings.
New Castle Chrysler Employees' Association, Local No. 10, is a
labor organization, affiliated with the National Independent Unions
of America, Inc., and admits to membership hourly rate production
and non-production employees of the Company at the New Castle
plant.
III. THE QUESTION CONCERNING REPRESENTATION
On April 6, 1937, the International Union and the Company en-
tered into a contract recognizing the International Union as the col-
lective bargaining agent of its members. A renewal of the contract
and of a detailed agreement supplemental thereto expired on March
31, 1939. In March 1939, the Company, upon the request of R. J.
Thomas, claiming to act on behalf of the International Union,
agreed to a further extension of the contract for 1 month. There-
after two further extensions were negotiated at the request of
Thomas. The contract as thus extended is stated to be in effect until
July 31, 1939, and from month to month thereafter until the present
proceeding is concluded. _
While the A. F. L.-U. A. W. disclaims the binding effect upon it
of any action taken by R. J. Thomas or the C. I. O.-U. A. W., it
nevertheless claims that the contract is between it, the A F. L.-
2 The conflicting claims are being litigated in the Michigan Circuit Court of Wayne
County, Michigan.
3 Matter of Interlake Iron Corporation and Toledo Council, Committee for Industrial
Organization, 2 N. L. R . B. 1036.
CHRYSLER CORPORATION 1309
U. A. W., and the Company, and is a bar to this proceeding because
there is no dispute between the contracting parties. The Company
supports the latter contention and advances the additional theory
that the contracting union has, by the terms of the contract, limited
its rights to representation of employees of the Company. These
contentions are without merit.4 We do not determine the rights of
the parties under the contract. We consider the contract only in
so far as it affects our determination of representatives. Inasmuch
as it recognizes the International Union as the representative of its
members only,5 is about to expire,' was renewed during the pendency
of this proceeding,? and is limited in duration to the pendency of
this proceeding," it is no bar to our determination.
The contract was applied to all the Detroit plants immediately
upon its execution, but the Company refused to recognize the Inter-
national Union as collective bargaining agent for its members in the
outlying plants until the latter was able to show that a majority of
the eligible employees in each such plant had become its members.
Since 1936 the Company has refused to accede to the demands of
the International Union that the latter be recognized as the sole
collective bargaining agent of all the employees within the classi-
fications enumerated in the contract, either for each plant separately
or for all the plants taken as a single unit.
Since January 1939 the Company has refused to recognize the
C. I. O.-U. A. W. or the A. F. L.-U. A. W. as the sole collective bar-
gaining agent of the Company's employees, has refused to state
whether it intends so to recognize either group separately or both
together, and has refused to agree to a consent election to determine
who, if anyone, represents a majority of the employees. It claims
that since the cleavage of the International Union into two factions
4 See Matter of Northrop Corporation and United Automobile Workers, Local No. 229,
3 N L R. B. 228.
5 See Matter of City Auto Stamping Company and Intei national Union United Auto-
mobile Workers of America, Local No. 12, 3 N. L R B. 306; Matter of Pennsylvania
Greyhound Lines, et al (Southeastern Greyhound Lines) and The Brotherhood of Rail-
road Ti a,nnien, 3 N L. R B 622, 640; Matter of McKesson and Robbins, Inc., Blumauer
Frank Drug Division and International Longshoremen & Warehousemen's Union, Local 9,
District 1, affiliated with the C. 1. 0 , 5 N. L R. B. 70; Matter of Unit Cast Corporation
and Steel Workers Organizing Committee, 7 N L R B. 129 ; Matter of Fisher Body Cor-
poration and United Automobile Workers of America, Local 76, 7 N. L. R. B. 5083 ; Matter
of Pressed Steel Car Company, Inc. and Steel 1Voikers Organizing Committee, 7 N. L. R. B.
1099
B See Matter of Atlantic Footy ear Company. Inc and United Shoe lVcrkers of America
of G. L 0., 5 N. L. R. B. 252; Matter of Shipowners ' Association of the Pacific Coast, eto.
and list,, nationul Loiigshorenien's and Warehousemen's Union, District No. 1, 7 N. L R. B.
1002; Matter of Sandusky Metal Products, Inc and American Federation of Labor, 6
N L R. B. 12, and others.
'See Matter of American France Line et al. (Shephard Steamship Company) and In-
ternational Seamen's Union of America, 7 N. L R. B. 79; Matter of Unit Cast Corpora-
tion and Steel Workers Organizing Committee, 7 N. L. R B. 129.
8 See Matter of Red River Lumber Company and Lumber and Sawmill Workers Union
Local No. 53 of International Woodworkers of America, 5 N. L. R. B. 663
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in January 1939, it has been unable to determine with which group it
is required to bargain under the Act. It has insisted upon inviting
the representatives of one group to be present at all negotiations
inaugurated by the other.
The labor organizations involved and the Company have asserted
a number of conflicting claims regarding the appropriate bargaining
unit or units.
We find that questions have arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The C. I. O.-U. A. W. contends that all production and mainte-
nance employees, of the Company or any subsidiary thereof, at all its
plants and establishments in the United States which are devoted
wholly or principally to the manufacture or assembly of motor ve-
hicles of any kind, or to the manufacture or partial manufacture of
any parts, special assembly, or accessories, of automotive vehicles of
any kind, or devoted principally to the handling, packing, warehous-
ing, or shipping of automotive vehicles or any parts thereof, but not
including such employees at plants or establishments devoted wholly
or principally to the sale of vehicles or parts at wholesale or retail,
and not including foremen, assistant foremen, timekeepers, plant-
protection, office, and confidential salaried employees, and salaried
engineers, constitute a unit appropriate for the purposes of collective
bargaining.
The Company agrees with the C. I. O.-U. A. W. as to the inclusion
and exclusion of the enumerated classifications of employees, but
contends that each plant constitutes a separate unit appropriate for
purposes of collective bargaining. In its brief and at oral argument
the Company changed its original position to the extent of conceding
that the Chysler Kercheval and Chrysler Jefferson plants in Detroit
together constitute an appropriate unit.
The A. F. L.-U. A. W. agrees with the Company that each plant
constitutes a separate unit, but requests the inclusion within the unit
of the timekeeper and salaried engineers.
CHRYSLER CORPORATION 1311
The Association asserts that all the production and non-production
workers of the Company at the New Castle plant, except timekeepers,
plant-protection, and confidential salaried employees and those eligi-
ble for membership in the I. A. M., constitute an appropriate unit.
In its petition, Local No. 371 stated that all production and non-
production employees at the New Castle plant, except timekeepers,
plant-protection, and confidential salaried employees constitute an
appropriate unit. In the consolidated proceeding, counsel for the
C. I. O.-U. A. W., claiming to represent Local No. 371, filed a writ-
ten motion to amend the petition to conform with that filed by the
C. I. O.-U. A. W.
Local 51 had petitioned for a unit consisting of production and
maintenance employees employed at the Plymouth plant. Its coun-
sel stated at the hearing that the petition was to be deemed abandoned
in so far as it conflicted with the C. I. O.-U. A. W. petition.
The I. A. M. states that a unit appropriate for the purposes of
collective bargaining consists of employees in Department No. 57 of
the New Castle plant, comprising die sinkers and persons employed
in the manufacture and maintenance of dies used to complete forg-
ings. It does not desire to include within the unit the die sinkers who
are employed in other plants of the Company.
A. The die sinkers
As we have stated the dispute regarding the representation of die
sinkers affects only the die sinkers employed at the Company's New
Castle, Indiana, plant. In Department No. 57; at that plant, there
are 85 persons employed as die sinkers and claimed by the I. A. M.
to constitute a separate appropriate bargaining unit.
Both the I. A. M. and Local No. 371 received charters from their
respective bodies in May 1937. The Company recognized Local No.
371 as collective bargaining agent for its members, in August 1937.
As previously stated," since April 1937 the International Union
bargained with the Company at Detroit as to wages, hours, and con-
ditions of employment. Benefits for employees obtained through this
bargaining at Detroit were subsequently extended, by classifications,
to plants outside of Detroit. Thus all New Castle employees work-
ing on afternoon and night shifts received a 5-per cent bonus over
the rate paid to those on morning shifts. An increase in the rates of
pay at New Castle to within 10 cents of the rates set forth in the
"bible",10 and prevailing at Detroit, negotiated by the International
Union, was applied to all employees at New Castle, irrespective of
9 See Section III , supra.
1°A schedule prepared by the Company , showing rates of pay for various types of
work.
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
their membership in the International Union and Local No. 371.
Employees in Department No. 57 were thus directly benefited by the
successful termination of negotiations between the International
Union and the Company, regarding conditions of employment. In
addition to sharing such benefits common to the entire plant, Depart-
ment No. 57 has been the subject of special negotiation between the
Company and the International Union with reference to the reem-
ployment of a number of individuals who had been laid off.
From October 1937 until October 1938, the I. A. M. met with rep-
resentatives of the New Castle plant and bargained with them con-
cerning the wages of certain individual members of the I. A. M.,
reemployment of some of its members, and various conditions of
employment. Since October 1938 company officials have refused to
recognize the I. A. M. as a collective bargaining agent. The I. A. M.
has never negotiated with the Company in an effort to secure a con-
tract.
Die sinkers are a well-established and highly skilled craft, requir-
ing a lengthy apprenticeship. The skill required in the work classi-
fications claimed by the I. A. M. exceeds that needed by persons en-
gaged in other tasks at the New Castle plant. It does not appear that
prior to October 1938, Local No. 371 raised any objection to the efforts
of the I. A. M. to bargain on behalf of the die sinkers. In a situation
such as this, in which the factors favoring conflicting claims as to the
appropriate unit are evenly balanced, we consider the desires of the
employees themselves as determinative.,"
The I. A. M. claims to represent a majority of the employees within
a unit of die sinkers, at the New Castle plant. Local No. 371, at the
New Castle hearing, claimed as its adherents a number of employees
at New Castle who are eligible for membership in the I. A. M. We
will therefore order an election among the employees of Department
No. 57, at the New Castle plant, who are die sinkers or are employed
in the manufacture or maintenance of dies used to complete forgings,
to determine whether such employees desire to be represented sepa-
rately or together with the balance of the employees. The Associa-
tion requested the exclusion from the industrial unit of persons eligi-
ble for membership in the I. A. M. We shall omit its name from the
die sinkers' ballot.
Although, as has been stated, the A. F. L.-U. A. W. requested in-
dustrial units at all of the plants, we believe that it did not thereby
intend to oppose the petition of the I. A. M. seeking separate repre-
sentation for the die sinkers. We shall accordingly also omit the
name of the A. F. L.-U. A. W. from the die sinkers' ballot.
a See Matter of The Globe Machine and Stamping Company and Metal Polishers' Union,
Local No. 3, et al, 3 N. L . R. B. 294
CHRYSLER CORPORATION 1313
The ballot in the election among the die sinkers will contain the
names of the I. A. M. and of the C. I. O.-U. A. W. If a majority of
the die sinkers chooses the I. A. M., thus indicating their preference
for separate representation, the die sinkers will constitute a separate
appropriate unit; if a majority chooses the C. I. O.-U. A. W., the die
sinkers will constitute part of the industrial unit.
B. The plant units
The Company now has 14 plants engaged primarily in the manu-
facture, assembling, storage, handling, packing, and shipping of auto-
motive vehicles and parts. Nine of these plants, as well as the prin-
cipal office of the Company, are located in Detroit, Michigan, or its
immediate vicinity.12 The other five plants are located, respectively,
in Marysville, Michigan; Kokomo, Evansville, and Newcastle, In-
diana; and Los Angeles, California.
Of the 50,000 employees working for the Company in May 1939,
45,000 were employed in the nine plants in Detroit and its immediate
vicinity. Almost all of the 5,000 persons who had seniority standing
with the Company pursuant to the provisions of the contracts between
it and the International Union,la but were not actually working for
the Company in May 1939, were from these nine Detroit and vicinity
plants. About 5,000 persons are employed in the five other plants
involved in this proceeding.
No single plant produces a finished automobile or truck in its en-
tirety-from raw materials to completion. The plants engaged in
productibn each receive'parts from,' and send parts'thicli they produce
to, numerous other Company plants. These parts are either further
processed, or are incorporated either in various subassemblies or as-
semblies or directly in cars and trucks. The production of each of
the plants is dependent upon the production of other plants, and all
production is to a great extent synchronized through the central offices
of the' Company. However, with the exception of the Chrysler Jeffer-
son and Chrysler Kercheval plants, which are contiguous and appar-
ently under joint management, each plant is separately managed and
has its own labor-relations supervisor.
Early in 1937 the International Union sought recognition as the sole
bargaining agency of the Company's employees, and asked the right
to negotiate concerning matters affecting the entire system as well as
the individual plants. Refusal of these demands resulted in a strike
12These nine plants are as follows : Dodge Main , Dodge Forge , Dodge Truck , Desoto,
Highland Park, Amplex -Harper, Chrysler Jefferson , Chrysler Kercheval , and Plymouth.
's The contracts provide that seniority standing is acquired upon completion of 6
months' employment with the Company , and the standing is then acquired as of the date
of the last hiring of the individual by the Company . Seniority standing is retained for
12 months after lay-off
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which was settled by the contract above referred to, in which the In-
ternational Union was recognized as the representative. of its members
only. The contract was immediately applied to the nine Detroit
plants, but the Company permitted its extension to other plants only
when the International Union secured a majority of the employees in
a plant as members. At the time of the hearing the contract had
been extended to all the plants, except that at Kokomo.
Both the C. I. O.-U. A. W. and the A. F. L.-U. A. W. claim to have
locals at each plant. There is no evidence in the record, however,
indicating the present membership of either group at any of the
plants.
We are of the opinion that all the plants should not be grouped in
a single bargaining unit. It cannot be said that the past history of
collective bargaining in the plants has established such a pattern of
bargaining. On the contrary, bargaining practice in the past has
recognized the individual status of the separate plants. Furthermore,
peculiar problems arise out of the division of the International Union
into two groups. For all that appears the A. F. L.-U. A. W. may
have an overwhelming majority, in several, of the plants and the
C. I. O.-U. A. W. a similarly large majority in several others. Under
the circumstances we conclude that, with the exception noted below,
each of the plants involved in this proceeding constitutes a separate
appropriate bargaining unit.
The Chrysler Jefferson and Chrysler Kercheval plants are con-
tiguous, and are so closely interrelated in their operations as to be
considered as one plant. These plants. have a singledabor-relations
supervisor, and their employees were organized into a single , local of
the International Union, functioning through a single bargaining
committee. Previous bargaining proceeded upon the basis of these-
two plants constituting a single unit. We find that the employees of
the Chrysler Jefferson and the Chrysler Kercheval plants should be
included within one unit.
As has been stated, the C. I. O.-U. A. W. and the Company desire
the exclusion of the timekeepers and salaried engineers. Such em-
ployees are excluded from bargaining under the contract between the
International Union and the Company.
Timekeepers are responsible to the Company for the keeping of rec-
ords which indicate the number of hours an employee has worked on
each type of work assigned to him. Each timekeeper prepares also
various other records and statistical analyses, and is responsible for
approximately 500 employees. Timekeepers do not engage in produc-
tion or maintenance work. Their work is both clerical and super-
visory.
CHRYSLER CORPORATION 1315
Salaried engineers are skilled professionals, who engage in work of
a highly confidential nature, and do not engage either in production
or maintenance work.
We shall exclude timekeepers and salaried engineers from the units.
We find that all the production and maintenance employees of the
Company at the Chrysler Jefferson and Chrysler Kercheval plants,
and at each of the following 11 plants: Dodge Main, Dodge Forge,
Dodge Truck, DeSoto, Highland Park, Amplex-Harper, Plymouth,
Marysville, Evansville, Los Angeles, and Kokomo, excluding fore-
men, assistant foremen, timekeepers, plant-protection employees, office
employees, confidential salaried employees, and salaried engineers,
constitute a unit appropriate for the purposes of collective bargain-
ing and that said units will insure to the employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
We shall defer determination of the scope of the industrial unit
at the New Castle plant until after the election 14
VI. THE DETERMINATION OF REPRESENTATIVES
A. The die sinkers
As we have stated, we shall direct an election to be held among
the employees of the Company in Department No. 57 of its New
Castle plant, who are die sinkers or are employed in the manufacture
or maintenance of dies used to complete forgings, to determine
whether they desire to be represented by the I. A. M. or by the
C. 1. O.-U. A. W., or by neither.
B. The plant unfits
In view of the cleavage in the ranks of the International Union
and the present existence of two labor organizations in its place,
the membership lists introduced .in evidence at the New Castle pro-
ceeding by Local No. 371 showing that it has a majority of the
employees at the plant as its members, will be disregarded.
Neither the C. I. O.-U. A. W. nor the A. F. L.-U. A. W. introduced
any evidence of actual membership, although both claim as members
a majority of the employees. We will, therefore, direct that elec-
tions be held among the employees within the respective production
and maintenance units which we have found to be appropriate.
The C. I. O.-U. A. W. and the Company agree that eligibility to
participate in the election should be extended to all persons employed
14 See page 1310, supra.
1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the Company and to all those who still have seniority standing
under the contract with the International Union.
The C. I. O.-U. A. W. urges the use of the last pay roll immedi-
ately preceding the filing of the last petition herein. The A. F. L.-
U. A. W. urges that in the event an election is ordered, participation
in such an election be restricted to persons who are now employed by
the Company, and who have at least 6 months' seniority standing.
In the New Castle hearing, the Association's proof of membership
was offered with relation to the pay roll there introduced in evi-
dence-that of March 2, 1939, of the New Castle plant.
We shall direct that all employees of the Company within the
units we have found to be appropriate, and all the production and
maintenance employees of the Company at its New Castle plant,
excluding foremen, assistant foremen, timekeepers, plant-protection
employees, office employees, confidential salaried employees, and sal-
aried engineers, whose names appear on the last pay rolls immediately
preceding the date of this Decision and Direction of Elections, to-
gether with those employees who on those pay-roll dates still had
seniority standing in accordance with the seniority lay-off provisions
of the contracts between the International Union and the Company,
shall be eligible to vote in the elections.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Chrysler Corporation, Detroit, Michigan,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All production and maintenance employees of the Company at
its Chrysler Jefferson and Chrysler Kercheval plants, excluding fore-
men, assistant foremen, timekeepers, plant-protection employees, office
employees, confidential salaried employees, and salaried engineers con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. All the production and maintenance employees of the Company in
each of the following 11 plants : Dodge Main, Dodge Forge, Dodge
Truck, DeSoto, Highland Park, Amplex-Harper, Plymouth, Marys-
ville, Evansville, Los Angeles, and Kokomo, excluding foremen, assist-
ant foremen, timekeepers, plant-protection employees, office employees,
confidential salaried employees, and salaried engineers, constitute
units appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
CHRYSLER CORPORATION 1317
DIRECTION OF ELECTIONS
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing, elections by secret ballot shall be conducted within twenty (20)
days from the date of this Direction of Election , under the direction
and supervision of the Regional Director for the Seventh Region, with
the assistance of the Regional Directors of the Eleventh and Twenty-
first Regions, acting in the matter as agents for the National Labor
Relations Board, and pursuant to Article III, Section 9, of said Rules
and Regulations ; ( 1) among all employees of the Company at its New
Castle plant , in Department No. 57, who are die sinkers or are employed
in the manufacture or maintenance of dies used to complete forgings,
who were employed by the Company at its New Castle plant during
the pay-roll period immediately preceding the date of this Direction of
Election, including those of them who have been laid off not more than
12 months and on that date still retained their seniority , and including
also employees who did not work during such pay-roll period because
they were ill or on vacation , to determine whether they desire to be
represented by International Association of Machinists , Die Sinkers
Local 1222, by C. I. O.-International Union, United Automobile Work-
ers of America, for the purposes of collective bargaining , or by neither;
(2) among all the production and maintenance employees of the Com-
pany at its New Castle plant, who were employed by the Company
during the pay-roll period immediately preceding the date of this
Direction of Election , including employees who have been laid off not
more than 12 months and on that date still retained their seniority, and
including also employees who did not work during such pay-roll period
because they were ill or on vacation , but excluding foremen, assistant
foremen, timekeepers , plant-protection employees , office employees,
confidential salaried employees , salaried engineers , and employees in
Department No. 57 , who are die sinkers or are employed in the manu-
facture or maintenance of dies used to complete forgings, to determine
whether they desire to be represented by C. I. O.-International Union,
United Automobile Workers of America, by A. 1j. L.-International
Union , United Automobile Workers of America, by New Castle
Chrysler Employees ' Association , Local No. 10, of the National Inde-
pendent Unions of America , Inc., for the purposes of collective bar-
gaining, or by none of them; (3 ) among all production and mainte-
nance employees of the Company at its Chrysler Jefferson and Chrysler
Kercheval plants, who were employed by the Company during the
187930-39-vol 13-84
1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay-roll period immediately preceding the date of this Direction of
Election, including employees who have been laid off not more than 12
months and on that date still retained their seniority, and including
also employees who did not work during such pay-roll period because
they were ill or on vacation, excluding foremen, assistant foremen,
timekeepers, plant-protection employees, office employees, confidential
salaried employees, and salaried engineers, to determine whether they
desire to be represented by C. I. O.-International Union, United Auto-
mobile Workers of America, or A. F. L.-International Union, United
Automobile Workers of America, for the purposes of collective bar-
gaining, or by neither of them; and (4) among all the production and
maintenance employees of the Company at each of the following 11
plants : Dodge Main, Dodge Forge, Dodge Truck, DeSoto, Highland
Park, Amplex-Harper, Plymouth, Marysville, Evansville, Los Angeles,
and Kokomo, who were employed by the Company during the pay-roll
period immediately preceding the date of this Direction of Election,
and also including employees who have been laid off not more than 12
months and on those dates still retained their seniority standing, and
including also employees who did not work during such pay-roll
period because they were ill or on vacation, excluding, at each of the
11 plants, foremen, assistant foremen, timekeepers, plant-protection
employees , office employees , confidential salaried employees, and sala-
ried engineers , to determine whether they desire to be represented by
C. I. O.-International Union, United Automobile Workers of America,
or by A. F. L.-International Union, United Automobile Workers of
America, for the purposes of collective bargaining, or by neither.
MR. EDWIN S. SMITH , dissenting :
I dissent from ,the decision that separate plant units are appro-
priate in this case.
The record indicates-that for several years employee representa-
tives seeking adjustments of rates of pay and hours of work were
met with the argument made by the Company's plant superintendents
that these were matters of "general corporation policy" which could
not be discussed on a single plant basis. Yet, at the same time, when
the representatives sought to bargain with the Company on a broader
basis which might make possible an agreement on matters of "gen-
eral corporation policy," the Company insisted that bargaining be
conducted on the basis of separate plant units . By adopting this
equivocal position, the Company hampered all collective bargaining
efforts.
The majority decision of the Board notes that in 1937 the frustra-
tion of the International Union's attempt to bargain for all the Com-
pany's employees led to a strike. After the strike, the Company for a
time bargained with the International Union regarding matters of
CHRYSLER CORPORATION 1319
"general corporation policy." It has since, however, reiterated its
former refusal to do so, and that is the position it maintains at the
present time.
The Company's practice of determining centrally matters of "gen-
eral corporation policy" has compelled the employees to attempt to
bargain on the basis of an employer-wide unit. This fact, clearly re-
vealed by the record, together with the interdependence and integra-
tion of the Company's plants, convinces me that the employer unit is
here the one which the Board should find appropriate.
One of the labor organizations which came into existence as a
result of the recent split in the International Union, perhaps fearing
that it has not won the allegiance of the majority of the Company's
employees, now requests separate plant units.
In my view the majority decision, by acceding to that request,
makes possible further frustration of collective bargaining, and in so
far as bargaining is rendered ineffective, gives rise to further disrup-
tions of industrial peace. It apparently constitutes an effort to be
fair to one faction of the International Union at the expense of the
other., The result, .I feel, constitutes. an unfairness to the employees
as a whole.
I dissent also from that portion of the decision which finds that the
die sinkers in the New Castle plant constitute an appropriate bar-
gaining unit.
Both the I. A. M., representing the die sinkers, and Local No. 371
were organized at that plant in May 1937, following the strike of the
International^Union. Since August 1937, when it secured a majority
of the employees at the plant as its members, Local No. 371 has bar-
gained with the Company regarding wages , hours, and conditions of
employment. The I. A. M. did not commence bargaining with the
Company at New Castle until October 1937.
For the reasons given by me in other dissenting statements 11 I
think. that carving out a craft unit from the general body of produc-
tion and maintenance workers is not justified in the absence of a sub-
stantial showing of past bargaining on behalf of a craft group. I
believe the employees claimed by the I. A. M. should be included
within the general employer unit,
u Matter of Allis-Chalmers Manufacturing Company and International Union United
Automobile Workers of America , Local 248, 4 N . L. R. B. 159 ; Matter of Armour & Com-
pany and International Association of Machinists , Local 92, 5 N. L. R. B . 535; Matter
of Shell Petroleum Corporation and Oil Workers International Union, Local No. 367, 9
N. L. R. B. 831.