Chrysler Motors of California

National Labor Relations Board - Board Decisions

Jul 24, 1947

74 N.L.R.B. 635 (N.L.R.B. 1947)

In the Matter of CHRYSLER MOTORS OF CALIFORNIA, EMPLOYER and
INTERNATIONAL UNION7 UNITED AUTO-3IOBILE , AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS or AMERICA, U. A. W.-C. I. 0.,
PETITIONER
Case No.. 1-R- S32.Decided July 04, 1947
Wright and Millikan, by Mr. Charles E. Millikan, of Los Angeles,
Calif., for the Employer.
Mr. William Goldman, of Los Angeles, Calif., for the Petitioner.
Mr. Roy 0. Goldin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a second amended petition duly filed, the National Labor Rela-
tions Board on April 14, 1947, conducted a prehearing election among
employees of the Employer in the alleged appropriate unit, to deter-
mine whether or not they desired to be represented by the Petitioner
for the purposes of collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally showed that there were approximately 72 eligible
voters, and that 68 cast ballots, of which 30 were for the Petitioner,
30 were against the Petitioner, and 8 were challenged.
Thereafter, a hearing was held at Los Angeles, California, on May
21 and 22, 1947, before Daniel J. Harrington, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. At the hearing, the parties stipulated
that all challenges be withdrawn and that the challenged ballots be
counted. The 8 ballots were thereupon counted 1 and the results showed
that 5 were cast for the Petitioner and 3 against the Petitioner. A
revised Tally of Ballots including the 8 ballots was thereupon prepared
and furnished the parties. It showed that of the 68 ballots cast, 35
were for the Petitioner and 33 were against the Petitioner.
1 The ballots were those of Ted D. Bowen, Joseph Wuchner, Darlene J Promersberger,
Norman K Lillis, Marguerite Groh, Vivian M Brown, Helen B Ingersoll, and Connie Lee
McCaulley, who were challenged as confidential employees We find, in accordance with
the agreement of the parties, that these individuals are not confidential employees within
our cnstomaly definition of the term.
74 N L R B, No 124. 635
636 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Chrysler Motors of California, a California corporation, is engaged
in the manufacture of motor vehicles. During the year 1946, the Em-
ployer purchased raw materials valued at approximately $27,913,000,
of which approximately $27,519,000 represents shipments from sources
outside the State of California. During the same period, the Em-
ployer sold finished products valued at approximately $28,000,000, of
which approximately $6,300,000 represents shipments to points outside
the State. We are here concerned with the Employer's plant at 5800
Eastern Avenue, Maywood, California.
We find that the Employer is engaged at its 5800 Eastern Avenue,
Maywood, California, plant in commerce within the meaning of the
National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
M. THE QUESTION CONCERNING REPRESENTATION
On February 12, 1947, the Petitioner wrote to the Employer that it
had been designated by certain employees of the Employer as their
bargaining representative and requested recognition as their exclu-
sive bargaining agent. The Employer refused to recognize the Peti-
tioner on the ground that it did not believe that the Petitioner repre-
sented a majority of its employees.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
office employees at the 5800 Eastern Avenue, Maywood, California,
plant of the Employer, excluding employees in the time-study, em-
ployment, and labor relations departments and employees whose duties
are connected with labor control records and labor relations records,
confidential secretaries to executives, heads of departments, and super-
CHRYSLER MOTORS OF CALIFORNIA 637
visory employees, registered nurses in factory hospital, chemists, and
draftsmen in the cycleweld department, and all other supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
Inasmuch as the results of the election show that the Petitioner has
secured a maj ority of the valid votes cast, we shall certify the Petitioner
as the collective bargaining representative of the employees in the
appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
U. A. W.-C. I. 0., has been designated and selected by a majority of
all office employees at the 5800 Eastern Avenue, Maywood, California,
plant, of Chrysler Motors of California, Maywood, California, ex-
chiding employees in the time-study, employment, and labor relations
departments, and employees whose duties are connected with labor
control records and labor relations records, confidential secretaries to
executives, heads of departments, and supervisory employees, regis-
tered nurses in factory hospital, chemists and draftsmen in the cycle-
weld department, and all or any other supervisory employees, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, the said organization is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
2 The election was held among employees in this unit.