Chrysler Detroit Co.

National Labor Relations Board - Board Decisions

Jan 16, 1942

38 N.L.R.B. 313 (N.L.R.B. 1942)

In the Mattel' Of CHRYSLER DETROIT COMPANY, AND CHRYSLER CoR _,
PORATION and INTERNATIONAL UNION, UNITED AUTOMOBHLE, AIR-
CRAFT, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFFIL-
IATED WITH THE CIO
In the Matter of CHRYSLER DETROIT COMPANY, AND, CHRYSLER COR-
PORATION and 'INTERNATIONAL UNION,, UNITED AUTOMOBILE, AIR-,
CRAFT, AND AGRICULTURAL IMPLEMENTS WORKERS OF AMERICA, AFFIL-
IATED WITH THE CIO
Cases Nos. R-3276 and R-3277, respectively.Decided January 16,
1942
Jurisdiction : automobiles, parts, and accessories manufacturing and selling
industry. , ,
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition; election necessary.
Unit Appropriate for Collective Bargaining :' separate units comprising. (1) all
,new and used-car salesmen, excluding the general sales manager and the
assistant sales manager; (2) all production, maintenance, and routine clerical
employees, including parts solicitors, service salesmen, telephone switch-
board operators, and timekeepers, but excluding supervisory employees, pro-
fessional employees, the paymaster, the budget analyst, private secretaries
to executives and department heads, and' watchmen.
Definitions : a parent corporation, owning all the stock of a subsidiary corpora-
tion, and exercising substantial control over its business and labor policies,
held to be itself an employer of the employees of the subsidiary within the
meaning of the Act.
Larkin, Rathbone cf Pi'rry, by Mr. John D. Leary and Mr. John
E. O'Keefe,•Jr., of New York City for Chrysler Detroit and Chrysler
Corporation. .
. Mr. Maurice Sugar by Mr. Jack N. Tucker, of Detroit, Mich.,
for the Union.
Mr. Sydney S. Asher, Jr., of counsel, to the Board.
DECISION .
AND
DIRECTION ' OF ELECTIONS
STATEMENT OF THE CASE
On September 29' and October 30, 1941, respectively, International
Unioli, United Automobile, Aircraft, and Agricultural Implement
Workers of America, affiliated, with the Congress of Industrial Or-
ganizations, herein called the Union, filed with the Regional Director
38 N. L. R. B, No 67.
313
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the Seventh Region (Detroit, Michigan) petitions and amended
petitions each alleging that a question affecting commerce had arisen
concerning the representation of employees of Chrysler Detroit Com-
pany, Detroit, Michigan, herein called the Company 1 and Chrysler
Corporation, Detroit, Michigan, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49, Stat. 449, herein called the Act. On
October 22 and 31, 1941, respectively, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) of
the Act and Article III, Section 3, of the National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized .the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice, and acting
pursuant to Article ITI, Section 10 , (c) (2), of said Rules and Regu-
lations, further ordered that the -aforesaid cases be consolidated.
On October 28 and 31, 1941, respectively, the Regional Director is-
sued a notice of hearing and- an amended notice of hearing, copies
of which were duly served upon the Company, Chrysler Corporation,
and the Union. Pursuant to notice, a liearing was held on Novem-
ber 6, 7, 8, and 10, 1941, at, Detroit, Michigan, before Woodrow J.
Sandler, the Trial Examiner duly designated :by the Chief Trial
Examiner. The Company, Chrysler Corporation, and the Union
Union were represented and participated in'the hearing., Full op-
portunity 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 prejudicial errors were committed. The rulings are hereby
affirmed. I
At the close of the Union's case, Chrysler Corporation moved', to
dismiss the petitions insofar as they name Chrysler Corporation as
a party. In the light of the facts set forth in Section I below, the
motion is hereby denied. On November 25, 1941, the Company and
Chrysler Corporation filed a joint brief; on December 1, 1941, the
Union filed a brief; and on December 2, 1941, the Company and
Chrysler Corporation filed a joint reply brief. All these briefs have
been considered by the Board.
Upon the entire record in the saes, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Chrysler Corporation-is a Delaware corporation with its p'rincipal'
offices at. Detroit, Michigan. It is engage&'in -the manufacture of
' Also referred to herein as Chrysler Detroit.
CHRYSLER DETROIT COMPANY 315
automobiles, parts, and accessories. It owns between 25 and 30
subsidiaries, of which Chrysler Detroit is one, and manufactures ap-
proximately, 1,200,000 automobiles and trucks per year. Approx-
imately 45 per cent by value of the raw materials used by Chrysler
Corporation each year, valued at more than $240,000;000 and approxi-
mately 75 per cent by value of the finished and partly finished prod-
ucts manufactured by Chrysler Corporation each year, valued at
approximately $625,000,000 are transported in interstate commerce.
Chrysler Detroit is a Michigan corporation, with its principal
place of business at Detroit, Michigan. It is engaged in the business
of buying and selling new and used cars, parts, and accessories, and
in the servicing of automobiles. The total purchases of Chrysler
Detroit during the year 1940 exceeded $9,000,000, of which about
$128,500 represented purchases from outside the State of Michigan.
The net sales during the same period exceeded $9,200,000, of which
approximately $32,500 represented sales outside the ' State of Mich-
igan. All Chrysler Detroit's 50 associate dealers are located within
the State of Michigan.
Chrysler Corporation owns all of the stock of Chrysler Detroit.
Of the nine officers' and directors of Chrysler Detroit, five are officers
or employees of Chrysler Corporation, and two are high-ranking
officers of Chrysler Sales Corporation, a subsidiary of Chrysler Cor-
poration. The remaining two are the only ones whose salaries are
paid by Chrysler Detroit. For a period of 5 months prior to the
hearing, an employee of Chrysler Sales Corporation had been spend-
ing "a couple hours a day" at Chrysler Detroit, having been "loaned"
as a service advisor. A notice was posted at Chrysler Detroit that
this man was "director of service," but he was not listed on the pay
roll of Chrysler Detroit. New employees hired by Chrysler Detroit
are given physical examinations by the medical staff of - Chrysler
Corporation, who make notations on their employment records.
There has been interchange of employees between Chrysler Detroit,
Chrysler Corporation, and the subsidiaries of Chrysler Corporation.
Chrysler Detroit buys all its new automobiles from Chrysler Cor-
poration on credit, and most of its parts and accessories from Chrys-
ler Motor Parts Corporation, a subsidiary of Chrysler Corporation.
For the purpose of ordering parts, Chrysler Detroit has two direct
teletype connections with Chrysler Motor Parts Corporation. Oc-
casionally, when Chrysler Detroit is confronted with a difficult
service problem, it instructs the owner to take his car to Chrysler
Corporation, or one of its subsidiaries, for repair.
Expenses and investments in equipment for Chrysler Detroit are
passed upon by Chrysler Detroit's president. If an investment ex-
ceeds $150, the president must secure the approval of Chrysler De-
troit's vice president. The same is true of individual salary increases
316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or promotions among Chrysler Detroit employees earning more than
$200 per month. The vice president of Chrysler Detroit is also vice
president of Chrysler Sales Corporation. Chrysler Detroit renders
a monthly balance sheet and- operating statement to its controller.
This individual is also general controller of Chrysler Corporation,
and his remuneration comes exclusively from Chrysler Corporation.
Chrysler Detroit's cashier is authorized to endorse checks drawn to
the order of Chrysler Corporation or its subsidiaries. Most of the
money received by Chrysler Detroit is deposited in a bank account
entitled "Chrysler Corporation," and Chrysler Detroit is credited
with moneys so deposited. When Chrysler Detroit needs money to
meet expenses, it "requisitions" the funds from Chrysler Corpora-
tion, and then deposits them in its own bank account. Chrysler
Corporation sends monthly "reconciliation forms" to Chrysler De-
troit, showing the balance between them. The salary checks of
Chrysler Detroit's employees who earn over $200 per month are
prepared in the offices of Chrysler Corporation.
Chrysler Corporation and Chrysler Detroit have a system of
inter-company mailing, and the envelopes used for this purpose are
marked "inter department mail." The time cards and employment
records used by Chrysler Detroit are marked either "Chrysler -Corpo-
ration" or "Chrysler Corporation and subsidiaries." These forms are
purchased by Chrysler Detroit from Chrysler Corporation. The
words "Factory Branch" appear on Chrysler Detroit's place of busi-
ness and in some of its advertising. The group insurance and hos-
pitalization plans used by Chrysler Detroit employees are the same
plans used by employees of Chrysler Corporation and its other sub-,
sidiaries. Chrysler Detroit employees, as well as employees of Chrysler
Corporation and its other subsidiaries, receive a magazine published by
Chrysler Industrial Association "for all employees," and their charita-
ble contributions are solicited through Chrysler Corporation. On the
annual reports submitted by Chrysler Detroit to the Michigan Corpora-
tion and Securities Commission for the years 1939, 1940, and 1941, the
address given by Chrysler Detroit "address of registered office" is
the address of Chrysler Corporation.
Kendrick B. Brown, president of Chrysler Detroit, stated that he
attempts to conform the labor policies of Chrysler Detroit with those
of Chrysler Corporation. Moreover, on September 26 and 27, 1941,
the Union called a strike at Chrysler Detroit and in the negotiations
for the settlement of this strike, Robert W. Conder, director of labor
relations of Chrysler Corporation, took a part. Brown admitted
that he himself had not attended the conferences which resulted in
the settlement of the strike. During the strike, seven automobiles
were sent for repair from Chrysler Detroit to a'garage operated by
Chrysler Corporation.
CIIRYSLER DETROIT COMPANY 317
In view of Chrysler Corporation's ownership of all the stock of
Chrysler Detroit, the control exercised by Chrysler Corporation over
the business and labor policies of Chrysler Corporation, the identity
of corporate officers and the close cooperation existing between the
companies, we are of the opinion, and find, that Chrysler Corpora-
tion, as well as Chrysler Detroit, is the employer of the employees
involved herein, within the meaning of Section 2 (2) of the Act.2
Accordingly, the motion of Chrysler Corporation to dismiss the peti-
tions insofar as they name Chrysler Corporation as a party should
be, and it hereby is, denied.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft, and Agricultu-
ral Implement Workers of America, is a labor organization affiliated
with the Congress of Industrial Organizations, which admits to
membership employees of the Company.3
III. THE QUESTION CONCERNING REPRESENTATION
In the months of June, July, and August, 1941, the Union requested
the Company to bargain with it as the exclusive bargaining represent-
ative of the Company's new- and used-car salesmen, but the Company
stated that it had no evidence and did not believe that the Union
represented a majority of the Company' s salesmen.
On September 19, 1941, the Union requested the Company to bar-
gain with it as the exclusive representative of the Company's pro-
duction and maintenance employees. This request was refused by
the Company on September 24, 1941.
It appears from a report of the Regional Director, which was
admitted into evidence, that the Union represents a substantial num-
ber of employees in each of the units it alleges to be appropriate.4
We find that a question has arisen concerning the representation
of employees of the Company.
2 See Matter of Todd Shipyards Corporation, Robins Dry Dock and Repair Co., and Tietjen
and Lang Dry Dock Co. and Industrial Union of Marine and Shipbuilding Workers of
America, 5 N. L. It. B. 20.
3 Local 732 of the Union admits to membership new- and used -car salesmen employed by
the Company , and Local 212 of the Union admits to membership production and mainte-
nance employees of the Company.
4 The Union submitted to the Regional Director 25 signed membership applications, which
were checked against the Company's pay roll of its new- and used -car salesmen of October
2, 1941. This pay roll contained the names of 33 employees. The Regional Director re-
ported that all of the 25 membership applications contained apparently genuine signatures
of persons on, the Company's pay roll . The Union also submitted to the Regional Director
114 signed membership applications, which were checked against the Company 's pay roll
of its production and maintenance employees of October 2, 1941. This pay roll contained
the names of 189 employees. The Regional Director reported that all of the 114 member-
ship applications contained the apparently genuine signatures of persons whose names
appeared on the Company' s pay roll.
318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Chrysler
Detroit and Chrysler Corporation described in Section I above, has
a close, intimate, and substantial relation to trade, traffic, and com-
merce among the several States and tends to lead to labor disputes
burdening and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
A. The contentions of the parties
The Union seeks a unit composed of all new- and used-car sales-
men of the Company, excluding the general sales manager and the
assistant sales manager. The appropriateness of this unit is not
contested by the Company.
The Union also seeks another unit consisting of the production
and maintenance ' employees pf the Company, except supervisory
employees, professional employees ,7 new- and used-car salesmen, the
paymaster, and the budget analyst. The Company, however, would
exclude, in addition to the exclusion specified by the Union, parts
solicitors, service salesmen, employees in the wholesale department,
clerical employees, confidential salaried employees, timekeepers, and
watchmen.
B. Past bargaining history
The Union began organizing the Company's production and mainte-
nance employees in 1937.8 In either 1937 or 1938, the Company and
the Union entered into an oral agreement concerning wages and con-
ditions of employment. This contract covered production and main-
tenance employees, including service salesmen. From the time of this
oral agreement until about March 1940, the Union bargained with the
Company and negotiated grievances with respect to the production
and maintenance employees. The record does not disclose any bar-
gaining with respect to the new- and used-car salesmen.
It is apparent from the tacts set forth in Section I above, that Chrysler Detroit is an
integral part of an extensive enterprise owned and controlled, in all substantial respects,
by Chrysler Corpoi ition The operations of Chrysler Detroit must be sewed in the light
of its relation to the entire system of Chrysler Coiporation
6The pioduction employees include polishers, metal men, sanders, assemblers, mechanics,
frame and metal men, apprentice trimmers, squeak and rattle men, tune-up men, etc The
maintenance employees include porters, electricians, janitors, firemen, and a carpenter.
4 At the time of the hearing, there was only one employee, a nurse, in the category of
professional employees
8 Originally the Company's production and maintenance employees were organized by
Local 415 of the Union. Later, Local 415 turned its membership over to Local 212.
CHRYSLER DETROIT COMPANY 319
.j
New- and used-car salesmen are eligible to membership in Local
732 of the' Union. All other employees of the Company, except
supervisory' employees, are eligible to membership in Local 212 of
the Uliion. From time to time, Local 212 and its predecessor have
included as members 'service salesmen, wholesale clerks, general cleri-
cal employees, pay-roll clerks, timekeepers, and watchmen.
C. The disputed classifications among the production and maintenance
employees
1. Parts solicitors and service salesmen
The Company employes six parts solicitors. Their principal func-
tions are' to call on dealers, body, shops,,and garages, to take orders
for parts, and to help the dealers set up parts departments. Every
Saturday morning they come into, the office for about 3 'hours to
bring in the orders,, make out their expense accounts, take care of
complaints, and attend weekly meetings of all the parts solicitors.
The Company furnishes and maintains a car for the use of each
parts solicitor. Four of them are paid a salary plus commissions,
while the other two are paid only a salary. Their hours are "about
the same" as the hours of the other employees, but their earnings
are generally "quite a bit" higher than those of counter salesmen,
and approximately 50 per cent higher, than those of employees en-
gaged in manual work. , During the 6 months prior to the hearing,
three of the parts solicitors spent between 40 and 50 per cent, of
their time inside the plant waiting oil the counter in the parts
department, putting up stock,, changing the locations of parts, and
specifying orders for parts over the telephone.9
The Company also employs nine service salesmen. 'Their prin-
cipal functions are to meet the customers in the service stalls, deter-
mine their complaint, diagnose the 'mechanical difficulty, take the
necessary data down on work forms, deliver the forms to mechanics,
test the cars when the repairs 'are finished, and try to sell the cus-
tomer additional parts and accessories. Approximately 90 per cent
of the diagnoses are made by the service salesmen without any
equipment, 5 per cent with mechanical devices, and the remaining
5 per cent are sent to the mechanics to be checked. In addition
to their other duties, service salesmen check the credit standing of
customers, and follow up service jobs. They also occasionally ascer-
tain whether the repairs they ordered are being made, and whether
e This was due to a temporary expansion in the parts department Both the president
of the Company and the manager of the parts department testified that the "emergency"
was over at the time of the hearing, and that the Company contemplated returning these
three parts solicitors to full time outside work.
'320 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the necessary parts are available. Service salesmen attend weekly
meetings. They are paid a salary plus commissions, and their average
earnings are generally the same as that of parts solicitors.
The work of parts solicitors and service salesmen does not differ
substantially from that of shop repair men and counter sales clerks
whom the parties have agreed to include in the appropriate unit.
Their interests are interrelated with the interests of other production
and maintenance employees. Therefore, we shall include parts solici-
tors and service salesmen in the appropriate bargaining unit.10
2. Employees in the wholesale department
Eva J. Denby is private secretary to the manager of the wholesale
department. She has access to the records of the Company's whole-
sale customers, and to memoranda concerning grievances of employees.
She has a desk on the second floor, and her salary is approximately
25 per cent higher than that of the routine clerical employees. Betty
Kwsc1iner is secretary to the wholesale distribution manager. She
spends some of her time on dictation, some on the preparation of inven-
tories, and some performing the functions of assistant manager of the
department. Her desk is in the office with the wholesale distribution
manager.
The Company seeks to exclude these two women on the ground that
they are confidential employees. In view of their duties, and in view
of the fact that these employees have knowledge of confidential infor-
mation relating to labor relations; we shall exclude them from the
appropriate bargaining unit.
3. Routine clerical employees _
There are about 30 routine clerical employees on the Company's
pay roll. They are housed on the second floor of the plant, (separate
from the production employees), are paid a salary, and work 40 hours
per week. In our opinion, no sufficient reason appears for the exclu-
sion of, these employees. Accordingly, we shall include them in the
appropriate unit.
4. Confidential salaried employees
Telephone operators. There are three telephone switchboard opera-
tors. Their salaries are about equal to the salaries of routine clerical
employees. The Company desires to exclude them because it is possi-
ble for them to overhear confidential telephone conservations. This
10Cf Chrysler Pittsburgh Company. Inc and United Automobile Workers of America,
affiliated with the C. I. 0., $6 N.,L R B 1117,
CHRYSLER, DETROIT COMPANY 321
contention is without merit. Telephone switchboard operators will
be included in the appropriate unit 11 -
Private secretaries. The Company's president, secretary-treasurer,
and its six department heads each has a private secretary. Most of
these secretaries have access to memoranda concerning grievances of
employees. Their salaries are generally about 25 per cent higher than
those of the routine clerical employees. Since they have access to
confidential information relating to labor relations, we shall exclude
the private secretaries of executives and, department heads from the
appropriate unit?2.
Pay-roll clerk. Helen Barsi is the pay-roll clerk. She assists the
paymaster in compiling the pay-roll list, and from it prepares the
pay checks for the hourly paid and salaried employees earning less
than $200 per month. Her salary is about equal to the salaries of the
routine clerical employees, and her work does not differ substantially
from theirs. Accordingly, we shall include the pay-roll clerk in the
appropriate unit.
Accountant. Mr. Tivuy has charge of service and parts he counting
and the preparation of financial statements. He supervises the work
of four other employees in the accounting department, and has the
power to recommend discharge. He has access to memoranda con-
cerning grievances of employees. He earns approximately 50 per cent
more than the routine clerical employees. We are of the opinion that
the accountant is a supervisory employee, and we shall therefore
exclude him from the appropriate unit.
Car sales and inventory control. Helen Babcock and Bud Hanson
handle the accounting work with respect to the distribution of retail,
wholesale, and used-car sales, keep a car inventory, and prepare finan-
cial reports with respect to car sales. Bud- Hanson also occasionally
carries the mail. Their earnings are only slightly higher than the
earnings of the routine- clerical employees and their duties do not
differ substantially from the, duties of the routine clerical employees.
We are of the opinion, and find, that these two employees should be
included in the appropriate unit.
Billers. Edna Harrington is the retail biller. She prepares in-
voices for customers, in which the amount of the trade-in value of
the used car, the tax, and-the license fee are indicated. She also checks
the customers' confidential credit statements, and relays this informa-
tion to the finance company. In addition, she prepares contracts and
bills of sale, keeps an inventory of the used cars turned in, and handles
the procuring of license plates and the payment of the sales tax. She
"Matter of Chrysler Corporation (Marysville plant ) and International Union , United
Automobile Workers of America, affiliated with CIO 36 N L R B 157.
12 Matter of Chrysler Corporation ( Marysville plant ), suer a,
533861-42-va] 38-22
322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
has authority to approve deals, within certain limits, and is directly
responsible to the Company's president. La Verna Vick has similar
duties, and is also secretary of the assistant sales manager. Ruth
Rouse has the same functions with respect to sales of used cars. She
is, in addition, secretary of the manager of the used-car department,
in which capacity she spends 15 per cent of her time. Each of these
three employees has a private office. They "are among the highest
paid girls" on the Company's pay roll. Under all the circumstances,
we find that these three employees should be excluded from the
appropriate unit.
5. Timekeepers
The Company employs four timekeepers, two of whom have desks
in the body shop, and two of whom have desks in the tool room.
From the time cards, they compute the total number of hours worked
by each employee, and from "hard cards" they calculate the amount
of time spent by mechanics on each repair job. They also report as
to the efficiency of each employee. In addition, these timekeepers
who are located in the tool room occasionally distribute tools to the
mechanics, upon request. It is not part of their duties to determine
the amount of pay due to employees. Timekeepers are paid a salary,
and earn approximately the same amount as mechanics. Under, the
circumstances here presented, we are of the opinion, and find,, that
timekeepers should be included in the appropriate unit."
6. Watchmen
The Company employs five watchmen, whose principal duties are
to guard the Company's property and customers' automobiles. -Those
stationed at the exits and entrances are responsible for seeing that
Ito cars go out of the plant without the necessary pass. The primary
function of watchmen appears to be that of plant protection. We
shall exclude them from the appropriate unit"
We find that all new- and used-car salesmen of Chrysler Detroit
and Chrysler Corporation who work at Chrysler Detroit, excluding
the general sales manager and the assistant sales manager, constitute
a unit appropriate for the purposes of collective bargaining. We also
find that all the production and maintenance employees of Chrysler
Detroit and Chrysler Corporation who work at Chrysler Detroit, in-
cluding parts solicitors, service salesmen, clerical employees, telephone
switchboard operators, pay-roll clerks, car-sales and inventory-control
clerks, and timekeepers, but excluding supervisory employees, pro-
13 Matter of Chrysler Corporation (Marysville plant), supra
1+ See Mutter of The Texas Company, Port Arthur Refine y and Oil WorA ers International
Union, Local No. 23, affiliated with the C 1 0, 37 N . L R. B. 932
CHRYSLER DETROIT COMPANY 323
fessional employees , new- and used -car salesmen , the paymaster, the
budget analyst , employees in the wholesale department , private secre-
taries to executives and department heads, billing clerks, and watch-
men, constitute a unit appropriate for the purposes of collective bar-
gaining. We find that the said units will insure to employees of
Chrysler Detroit and Chrysler Corporation the full benefit to their
right of self-organization and to collective bargaining and otherwise
will effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the represen-
tation of employees of Chrysler Detroit and Chrysler Corporation can
best be resolved by, and we shall accordingly direct,-two separate
elections by secret ballot.
Those eligible to vote in the elections shall be the employees in the
appropriate units who were employed during the pay-roll period im-
mediately preceding the date of our Direction of Elections , subject
to the limitations and additions set forth in the Direction.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of Chrysler Detroit Company, Detroit, Michi-
gan, and Chrysler Corporation, Detroit, Michigan, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All new- and used-car salesmen employed by Chrysler Detroit,
Company, Detroit, Michigan, ands Chrysler Corporation, Detroit,
Michigan, who.work at Chrysler Detroit, excluding the general sales
manager and the assistant sales manager , constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
3. All production and maintenance employees of Chrysler Detroit
Company, Detroit, Michigan, and Chrysler C'orporation,, Detroit,
Michigan, who work at Chrysler Detroit, including parts solicitors,
service salesmen, clerical employees , telephone switchboard operators,
pay-roll clerks, car-sales and inventory-control clerks, and time-
keepers , but excluding supervisory employees , professional employees,
new- and used -car salesmen , the paymaster , the budget analyst, em-
ployees in the wholesale department, private secretaries of executives
and department heads, billing clerks, and watchmen , constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of National Labor Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Chrysler Detroit Company, Detroit, Michigan, and Chrysler
Corporation, Detroit, Michigan, elections by secret ballot shall be
conducted 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 (Detroit, Michigan),
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among the employees of Chrysler Detroit Company and Chrysler
Corporation, who work at Chrysler Detroit, who fall within the
groups indicated below and who were employed during the pay-roll
period immediately preceding the date of this Direction of Elections,
including employees who' did not work during such pay-roll' period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but exclud-"
in- those employees who have- since quit or been discharged for
cause :
(a) All new- and used-car salesmen, excluding the general sales
manager and the assistant sales manager, to determine whether or not
they desire to be represented for the purposes of collective bargaining
by Local 732, International Union, United Automobile Aircraft, and
Agricultural Implement Workers of America, affil,iated with the
Congress of Industrial Organizations;
(b) All production and maintenance employees, including parts
solicitors, service salesmen, clerical employees, telephone switchboard
operators, pay-roll clerks, car-sales and inventory-control clerks, and
timekeepers, but excluding supervisory employees, professional em-
ployees, new- and used-car salesmen, the paymaster, the budget analyst,
employees in the wholesale department, private secretaries to execu-
t.ives and department heads, billing clerks, and watchmen, to determine
whether or not they desire to be represented for the purposes of col-
lective bargaining by Local 212, International Union, United Auto-
mobile, Aircraft, and Agricultural Implement Workers of America,
affiliated with the Congress of Industrial Organizations.