Chrysler Corp.

National Labor Relations Board - Board Decisions

Jun 8, 1944

56 N.L.R.B. 1302 (N.L.R.B. 1944)

In the Matter of CHRYSLER CORPORATION , PLYMOUTH DIvlsloN and
LOCAL 51, INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF, AMERICA , UAW-CIO
Case No. 7-R-1713.-Decided June 8, 1944
Messrs. Rathbone, Perry, Kelly and Drye, by Mr. T. R. Isernzan,
of New York City, for the Company.
Messrs. Maurice Sugar and Jack N. Tucker, by Mr. Jack. N. Tucker,
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 a petition duly filed by Local 51, International Union, United
Automobile, Aircraft and Agricultural Implement -Workers of
America, UAW-CIO, herein called the Union, alleging that a question
affecting commerce' had arisen concerning the representation, of em-
ployees of Chrysler Corporation, Plymouth Division, Detroit, Mich-
igan, 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 18, 1944. The Company and the Union appeared,
'participated, and were afforded, full opportunity to be heard, to ex-
amine 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. All parties were
afforded an opportunity to file briefs' with the Board. Subsequent
to the hearing, the' Company requested oral argument before the
Board. The request is hereby denied..
Upon the entire record in the case, the Board makes tile, following :
FINDINGS OF FACT
I. THE BUSINESS Or THE COMPANY
Chrysler, Corporation, a Delaware corporation having its principal
office at Detroit, Michigan, operates plants in several parts of the
56 N. L. R. B., No 230.
1302
CHRYSLER CORPORATION '1303
United States, including the Plymouth'Division at Detroit, Michigan,
which is solely involved herein. The Company is normally engaged
in manufacturing automobiles, automobile parts, and accessories, but
is now engaged in manufacturing m>initions for the United States
Government. In the course of its business operations the Company
annually uses raw materials valued in excess of $500,000,000, and'
annually manufactures products valued, in excess of $1,000,000,000.
.Of the raw materials used at its many plants, including the Plymouth
Division, approximately 45 percent thereof is received from points
'outside the State'in which each plant is located. -
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 51, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, UAW-CIO, is a labor
organization affiliated with the Congress of Industrial Organizations,
'admitting to membership employees of the Company..
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the collective bar-
gaining respresentative for certain of its employees until the Union
has been certified by the Board.
A statement prepared by a Field Examiner, introduced in evidence
at the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.'
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 Act.
IV. THE APPROPRIATE UNIT
A unit comprised of all persons engaged in the timekeeping depart-
ment of the Company's Plymouth Division, including' "key men,"
but excluding the secretary to the chief timekeeper, the, factory audi-
tor, assistant factory auditor, chief timekeeper, and assistant chief
timekeeper, is sought by the Union. Urging that this unit is inappro-
priate, the Company argues that those whom the Union. desires to
represent act "in the interest" of their employer and consequently are
themselves "employers" within the meaning of Section 2 (2)-of the
Act. The Company further contends that "key men" should in any
case be excluded on the ground that they are supervisory employees.
' The report of the Field Examiner shoivs that the Union submitted receipts evidencing
dues payments made by 21 employees in the unit alleged by the Union to be appropriate;
there are approximately 25 employees in the proposed umt.
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Apart from those employees whom the Union would exclude, there
are approximately 14 Class A timekeepers, 7 Class B timekeepers and
checkers, and 3 "key men" in the timekeeping department of the Com-
pany's Plymouth Division.' They perform duties usually associated
with their job classifications. Thus, they observe employees as the
'latter punch their time cards in order to make certain that one does not
punch in or out for another or for an absentee. They ascertain
whether employees 'are working at their assigned tasks, report ab-
sences, make out time records and reports, and distribute pay checks,
war bonds, and insurance policies. All 3 categories are under the
chief timekeeper's immediate supervision. , "Key men", have the same
general duties as timekeepers and checkers. Although "key men" are
salaried, whereas timekeepers and checkers are hourly paid, they, like
the latter, do not have authority to hire, discharge, or effect changes
in the status of employees. Moreover, we are convinced that none of
the 3 groups has the power effectively to recommend such action. The
activities of timekeepers, checkers, and "key men" and their relation to
the rank and file employees reveal that they do not possess the usual
incidents of supervisory authority which could mark them as repre-
sentatives of management . Their functions, are merely monitorial
in nature. Furthermore, they are concerned with, designated duties
none of which affect the determination or enforcement of the Com-
pany's labor policy. We conclude that timekeepers, checkers, and
"key men", do not act "in the interest" of the Company as, that phrase
is used in Section 2 (2) of the Act, and that all are in fact "employees"
within the purview of Section 2 (3) of the Act,2 without supervisory
authority. In view of their common interests and similar functions,
we'-are persuaded that they form an appropriate unit .3
We find that all timekeepers, checkers, and "key men" employed in
the timekeeping department of the Company's Plymouth Division,
excluding the secretary to the chief timekeeper, the factory auditor,
assistant factory auditor, chief timekeeper,, assistant chief timekeeper,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees,, or effectively recommend such action, constitute a unit ap-
propriate 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 means of an election by secret' ballot among
2 See, N. L. R. B v. Hearst Publications , 322 U 'S. 111, reversing 136 F. ( 2d) 608
(C. C. A 9), setting aside 39 N L. R B 1245 and 1256.
s See Matter of Chrysler Corporation, New Castle Division, 55 N. L. R. B. 1215, and
cases cited therein.
CHRYSLER CORPORATION 1305
the employees in the appropriate unit who were employed 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 3, it is hereby
'DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chrysler Corpora-
tion, Plymouth Division, Detroit, 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, Sections 10 and 11, of said Rules and Regula-
tions, 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 employees who did
not work during said pay-roll.period because they were ill or on vaca-
tion 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 and have not been rehired or reinstated prior to the date of elec-
tion, to determine whether or not they desire to be represented by
Local 51, International Union, United Automobile; Aircraft and Agri-
cultural Implement Workers of America, UAW-CIO, for the purposes
,of collective bargaining. - '