Chrysler Corp.

National Labor Relations Board - Board Decisions

Feb 2, 1943

47 N.L.R.B. 260 (N.L.R.B. 1943)

In the Matter of CHRYSLER CORPORATION, EVANSVILLE ORDNANCE PLANT
and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGaI-
CULTUr,AL IMPLEMENT WORKERS OF AMERICA, LOCAL UNION No. 211,
AFFILIATED WITH THE.C. I. O.
Case No. R-4765.Dcided February °N', 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question :
stipulation as to; election necessary.
Unit Appropriate for Collective Bargaining : all plant-protection employees at
one plant of Company, excluding chiefs, captains, fire chiefs, fire marshals,
sergeants, desk sergeants, relief sergeants, confidential clerks and investigators;
agreement as to.
Rathbone, Perry, Kelley di Drye, by Mr. Donald L. Hastings, of
New York City, for the Company.
Mr. Joseph V. Gavin, of Evansville, Ind., for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon an amended petition duly filed by International Union; United
Automobile, Aircraft & Agricultural Implement Workers of America,
Local Union No. 211, affiliated with the C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Chrysler Corporation at
its Evansville Ordnance Plant, herein called the Company,' the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Frank Al. Kleiler, Trial Examiner. Said hear-
ing was held at Evansville, Indiana, on January 14, 1943. The Com-
pany and the Union appeared, participated, and were, afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to -introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed..
'A motion was granted to amend the petition and all the formal papers to designate
the Company as Chrysler Corporation , Evansville Ordnance Plant.
47 N L. R B., No. 23.
260
9
CHRYSLER CORPORATION 261
Upon the entire record*in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chrysler Corporation, a Delaware corporation, has its principal
office at Highland Park, Michigan. The Company has heretofore been
engaged in the manufacture of automobile parts and accessories.
During the 12 months preceding the date of this hearing, the Company
has been engaged almost exclusively in the manufacture of war ma-
terials for the United States Government. The Company operates
plants in Detroit, Hamtramck, Highland Park, Center Line, and
Marysville, Michigan; Newcastle, Evansville, and Kokomo, Indiana;
and Los Angeles, California. The Company also owns between 25
and 30 subsidiaries in the United States. This proceeding is concerned
with the Evansville Ordnance Plant alone.
Prior to February 1942, the Company manufactured approximately
1,200,000 automobiles and trucks per year. The Company employs
more than 65,000 persons at its various plants. From sources outside
the State in which each plant is located, the Company receives approxi-
mately 45 percent by value of the raw material used at said plant. The
aggregate value of raw materials used by the Company exceeds $240,-
000,000 per year. At its respective plants, the Company delivers sub-
stantially all its products to the United States Government.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile , Aircraft & Agricultural
Implement Workers of America, Local Union No. 211, is a' labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING ]REPRESENTATION
The parties stipulated at the hearing that a question concerning
.representation has arisen in that the Union requested the Company
to recognize it as sole bargaining representative for the plant-protec-
tion employees of the Company in the unit claimed as appropriate.
The Company refused so to recognize the Union unless and until the
Union is duly certified as such by the Board.
A statement of the Regional Director, introduced into, evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.2 - ' i
2 The Regional Director reported that the Union had submitted 124 application cards,
of which 107 were dated October, November, and December, 1942, and the remainder un-
dated ; that 111 cards , all of which appeared to bear genuine original signatures , bore the
names of persons on the Company's pay roll of December 1 , 1942, containing a total of
192 names within the appropriate unit.
262 DECISIONS OF NATIONAL LABOR RELATIONS B,OAR'D
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE 'UNIT
The Union desires a bargaining unit composed of plant-protection
employees of the Company's Evansville Ordnance Plant. The parties
agree, and we find, that chiefs, captains, fire chiefs, fire marshals,
sergeants, desk sergeants, relief sergeants, confidential clerks and
investigators should be excluded from this unit of non-supervisory
plant-protection employees. Employees in similar categories were ex-
cluded from units of plant-protection employees found appropriate in
the prior representation proceedings involving other plants of the
Company.3
In accordance with our previous decisions and the facts herein, we
find that all plant-protection employees of the Company at its Evans-
ville Ordnance Plant, excluding chiefs, captains, fire chiefs, fire mar-
shals, sergeants, desk sergeants, relief sergeants, confidential clerks
and investigators, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were exrployed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.,
DIRECTION OF ELECTION
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chrysler Corpora-
tion, Evansville Ordnance Plant, Evansville, Indiana, an election,by
secret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the, date of this Direction of Election , under the
direction and , supervision of the Regional Director for the Eleventh
Region, acting in this matter as agent for the National Labor Rela-
3 Chrysler Corporation and Local #114, International Union, United Automobile, Aircraft
Agricultural Implement Workers of America (UAW-CIO), 46 N L. R 8 411.
CHRYSLER CORPORATION 263
tions Board, and subject to Article III, Section 10, of said Rules and
Regulations , among all employees of the Company in the,unit found
appropriate in Section IV, above, who were employed during the- pay-
roll period immediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or'on vacation or temporarily laid off, and including employees
in the armed forces of the United States who present themselves in
person at the polls, but excluding any, who have since quit or been
discharged for cause , to determine whether or not they desire to be
represented by International Union, United Automobile, Aircraft &
Agricultural Implement Workers 'of America, Local Union No. 211,
.affiliated with the C. I. 0., for the purposes of collective bargaining.,