Chrysler Corp.

National Labor Relations Board - Board Decisions

May 14, 1943

49 N.L.R.B. 794 (N.L.R.B. 1943)

In the Matter of CHRYSLER CORPORATION , DESOTO-WARREN PLANT
and A31ALGAAIATED PLANT PROTECTION LOCAL UNION No. 114,
(UAW-CIO)
Case No. R-5.48-Decided May 14,1943
Rathbone, Perry, Kelley & Drye, by Mr. Donald L. Hastings; of
New York City, for the Company.
Messrs. Maurice Sugar and Ernest Goodman, of Detroit, Mich.,
for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Plant Protection Local
Union No. 114, (UA'W-CIO), herein called the Union, alleging that
a question affecting commerce had arisen concerning the represen-
tation of employees of Chrysler Corporation, Highland, Michigan,-
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Max
Rotenberg, Trial Examiner. Said hearing was held at Detroit,
Michigan, on April 28, 1943. The Company and the Uniori 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Chrysler Corporation has its principal office at Highland Park,
Michigan. The Company operates plants at Detroit, Hamtramck,
Highland Park, Centerline, and Marysville, Michigan; New Castle,
49 N. L. R. B., No. 113.
794
CHRYS'LE'R CORPORATION 795
Evansville, and Kokomo, Indiana; and Los Angeles, California.
The Company--also operates between 25 and 30 subsidiaries in the
United States. The instant proceeding involves the Company's
DeSoto-Warren plant at Detroit, Michigan.
Prior to February 1942 the Company was engaged in the manu-
facture of automobiles and automobile parts and accessories, manu-
facturing approximately 1,200,000 automobiles and trucks per year.
Since February 1942 the Company has been engaged almost exclu-
sively in the manufacture of war materials for the United States
Government. From sources outside the State in which each of its
respective plants is located, the Company receives approximately 45
percent, by value, of the raw materials used at each plant. The
aggregate 'value of such materials per .year exceeds $240,000,000. The
Company delivers substantially all its products at the respective
plants to the United States Government.
II. THE ORGANIZATION INVOLVED
Amalgamated Plant Protection Local Union No. 114, (UAW-CIO),
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that some time prior to filing the petition
herein, the Union requested exclusive recognition as bargaining rep-
resentative of the plant-protection employees at the Desoto-Warren
plant and that the Company refused such request until and unless the
Union was certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Unioh represents a substantial number
of the employees in the unit hereinafter found appropriate., -
We find thata 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
We find, in accordance with a stipulation of -the parties, that all
plant-protection employees of the Company at its DeSoto-Warren
Plant, excluding chiefs, assistant chiefs, captains, fire chiefs, assistant
The Regional Director 's statement shows that the Union submitted 29 application-
for-membership cards, all of NNhich bear apparently genuine signatures , and 27 of which
bear names of persons whose names are listed on the Company 's pay roll of March 31,
1943; the pay roll contains the names of 59 persons in the appropriate unit The cards
are dated as follows : 1 in October , 1941 ; 12 in January 1943 ; 4 in February 1943 ; 5
in March 1943 ; 1 in April 1943; and 4 undated.
796 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
fire chiefs , fire marshals , sergeants , relief sergeants , desk sergeants,
and confidential clerks, 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
• 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 employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein, subject to the limitations and additions ' set forth in said
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 Relations
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, Highland Park, Michigan, 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, under the direction and supervision of the
Regional Director for the Seventh Region, acting- in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees 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 any such 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 Amalgamated Plant
Protection Local Union No. 114, (UAW-CIO), for the purposes of
collective bargaining.
2 The parties stipulated that all the evidence received in the several representation
cases involving the Company and its plant -protection employees should be part of the
record in the instant proceeding . They further agreed that the wages , duties, hours, and
other conditions of employment of the employees included in and excluded from the unit
agreed to above were substantially the same as those of similar categories in prior cases.
The appropriate unit is the same as the unit found to be appropriate by the Board in
Matter of Chrysler Corporation and Local #114, International Union , United Automobile
Aircraft & Agricultural Implement Workers of America ( UAW-CIO ) ( Cases Nos . R-4508,.
4509 ), 46 N. L. R . B 411. -