Chrysler Corp.

National Labor Relations Board - Board Decisions

Oct 24, 1960

129 N.L.R.B. 407 (N.L.R.B. 1960)

CHRYSLER CORPORATION 407
Chrysler Corporation and International Union , United Auto-
mobile, Aircraft & Agricultural Implement Workers of
America (UAW-CIO), Petitioner
Dodge Brothers Division and International Union , United Auto-
mobile, Aircraft & Agricultural Implement Workers of
America (UAW-CIO), Petitioner
Chrysler Corporation and International Union , United Auto-
mobile, Aircraft & Agricultural Implement Workers of
America (UAW-CIO), Petitioner. Cases Nos. 7-R-1666, 7-R-
1667, and 7-R-1668. October 24, 1960
SECOND SUPPLEMENTAL DECISION AND ORDER
On May 12,1944, after an election conducted pursuant to a Decision
and Direction of Elections,' the Board issued a certification of repre-
sentatives in which it certified the Petitioner, hereinafter called the
UAW, as the collective-bargaining representative for each of the three
units set forth in the Decision.
On June 22,1959, the UAW filed a motion to amend certification in
Case No. 7-R-1667,2 requesting that the unit description be amended.
The unit for which the UAW was certified as the collective-bargaining
representative is :
All tool, die and fixture engineers, designers, follow-up men,
detailers, and engineering record clerks who are employed in the
master mechanics division of the Dodge Main plant, excluding
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, and all other employees.
The UAW now seeks to have the Board delete reference to the master
mechanics division so as to include in the unit, as an accretion thereto,
employees now working in the manufacturing engineering office of the
car and truck assembly division, which is located at the Dodge main
plant 3 The UAW further requested that, in the event the Employer
opposed this motion, and the Board deemed additional information
necessary, the record be reopened and a hearing be held "for the pur-
pose of adducing evidence with respect to the continuity and simi-
larity of the duties and functions of the employees covered by the
155 -NLRB 1039.
2 On July 24, 1944, after a hearing upon motion of the UAW, a Supplemental Decision
and Amended Certification of Representatives was issued by the Board clarifying the unit
in Case No 7-R-1668. Neither that unit nor the unit in Case No . 7-R-1666 Is involved
in the UAW's present motion.
8 The UAW requested alternative forms of amendment to accomplish this objective.
In view of our decision herein, we need not set them forth or consider them in detail.
129 NLRB No. 51.
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
original certification and those presently working at the same jobs in
the Dodge main plant, and the effect of the recent corporate adminis-
trative reorganization upon the original certification." On July 15,
1959, the Employer filed a memorandum in opposition to motion to
amend certification, to which the UAW replied on July 27,1959.
On August 3, 1959, the Board remanded the matter to the Regional
Director for the Seventh Region for the purpose of a hearing to re-
ceive evidence on the issues raised by the UAWV's motion and the Em-
ployer's opposition thereto. A hearing was held on various dates be-
tween September 15 and November 8, 1959, before Marvin J. Schmitt,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, including the briefs filed by the
parties subsequent to the hearing, the Board finds :
From the time of the 1944 certification until 1957 and 1958, the
Dodge main plant, which consists of a number of buildings on a large
tract of land, was part of the Dodge Brothers Division and performed
all the functions involved in producing Dodge cars. It consisted of a
foundry, an engine assembly operation, a stamping operation, and a
car assembly operation. The employees in the unit as certified pro-
vided engineering processing services for all these operations. Those
services consisted of planning the sequence of the operations ; deter-
mining the quantity, quality, and design of tools, fixtures, and gages
required and procuring them;' resolving tooling difficulties arising
after production began; and maintaining records. Some of the ma-
terials prepared by these employees were sent to other plants of the
Employer which were engaged in operations relating to the production
of Dodge cars. Each of the other assembly plants of the Employer'
has had its own master mechanics department to perform these func-
tions on a separate plant basis, many, if not all, of which were and are
also represented by the UA`V as part of a multiplant technical unit.'
In 1957 and 1958, the Employer reorganized its operations and
centralized various functions. The operations of the Dodge main
plant were divided among four corporate divisions and placed under
separate supervision. The foundry became part of the forge and
foundry division and is now known as the Chrysler Detroit foundry;
the stamping operation became part of the stamping division and is
' Tools are mostly fixtures ; fixtures are special tools designed to hold one or more parts
while they are being assembled.
6 E g, Chrysler Jefferson plant, Imperial assembly plant, Highland, Park plant
6 Over a period of many years the UAW has been certified in various other units of
technical employees at the Employer's several plants Throughout the years, and up to
the present time, the Employer and the UAW have bargained for a multiplant technical
unit, and the Board has so found in Chrysler Corporation , 7-RC-2922, issued Novem-
ber 30, 1955 (not published in NLRB volumes).
CHRYSLER CORPORATION 409
now known as the Conant stamping plant; the engine operations be-
came part of the engine division and was known as the Joseph Cam-
pan engine plant, but has since been transferred to another location;
and the Dodge assembly operation became part of the car and truck
assembly group and is now known as the Dodge assembly plant? The
employees in the master mechanics division e were among each of these
"new" plants on the basis of the phase of the operations they had been
working on previously. Although the employees now working in the
Conant stamping plant and in the Chrysler Detroit foundry are sepa-
rately supervised, they continue to be treated as part of a single group
with those remaining in the Dodge assembly plant (and one clerk as-
signed to the Joseph Campau engine plant but still physically located
at the Dodge main plant) for purposes of seniority, layoff, etc.'
In the spring of 1958, as part of the centralization, some of the func-
tions of the M.M. division, as well as of the equivalent departments at
all other car and truck assembly plants, were absorbed by the manufac-
turing engineering office of the car and truck assembly group, herein-
after referred to as the MEO. This is a separate corporate office whose
director is on the same organizational level as the two general plants
managers who supervise five assembly plants each, both categories re-
porting directly to the group executive. The M.M. is the fourth level
below the group executive (the general plants manager, plant mana-
ger, and production manager intervening) whereas the director of the
MEO is immediately below that official.
There were approximately 340 employees in the MEO at the time
of the instant hearing. It is these employees whom the UAW seeks
to include as an accretion to its certified unit. The Employer con-
tends, however, that the MEO is a new operation performing different
functions and having a separate history of development, that the MEO
employees are not an accretion to the certified unit, and that a self-
determination election would be required.
The MEO is an outgrowth of a separate office established in 1955
to perform for the Los Angeles assembly plant the functions then
being performed by the M.M. division for the Dodge main plant.
That office, then known as the west coast operations, consisted of
three people and was located in the John R Street office building in
7 The geographical location is referred to by the parties as Dodge main , and that desig-
nation is similarly used herein.
I In January 1959 the name of the master mechanics division was changed to tool and
process engineering department and the title of the master mechanic was changed to
superintendent of tool and process engineering . However , the former designations are
still used informally by the parties and for purposes of brevity the abbreviations 11I M.
division and M.M. are used thereinafter to refer to the department and its supervisor,
respectively, at the Dodge assembly plant.
9 There were approximately '80 employees in the unit eligible to vote in the 1944 elec-
tion and about 94 in the group at the time of the instant hearing.
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Detroit. In 1957 this west coast operations became part of the regional
car assembly group and its operations expanded to include the other
plants outside the Detroit area. Its designation was changed to manu-
facturing engineering department of the regional car assembly group,
and its location was moved to the Russell Street office building in
Detroit.10 In the spring of 1958, this office became the MEO of the
then newly established car and truck assembly group and was assigned
the function of preplanning the sequence of assembly and tooling of
all cars and trucks for all the assembly plants.
By December 1958 the MEO had 200 to 250 employees and required
more space. The Employer had room available at the Dodge main
plant, and in order to save rental costs the MEO was moved to the
third floor of building No. 1 at that plant. The M.M. division is
located on the fourth floor of the same building.
The general functions of the M.M. division prior to the reorganiza-
tion are described above. In fact, these functions continued to be
performed by the M.M. division through production of the 1959 model.
Beginning with the 1960 model (for which planning began some time
prior to production), the MEO has supplied the Dodge assembly
plant 11 with the operation sheets sequencing the assembly and has
procured the required tools and fixtures, except that the M.M. division
continues to handle "expense" (i.e., perishable) tools and to process
any "cut and sew" 12 (i.e., upholstery) and special orders (e.g., police
cars). The present duties of the M.M. division are principally to
review the operation sheets received from the MEO, revise the sequenc-
ing to suit the Dodge assembly plant, review the tooling directed by
MEO to determine whether it is on hand in the plant, and request the
MEO to purchase whatever tools are needed. There is consultation
between the M.M. division and MEO employees on plant problems
that arise, and MEO employees also travel to the various plants
throughout the country as required. In addition, regularly scheduled
meetings are held of all master mechanics with the MEO director at
which common assembly problems are discussed and decided by
majority vote.
However, the MEO functions as a separate operation. It is in a
completely separate area , anyone not part of its staff is required to
sign in and out, and only authorized persons are admitted. There
is no interchange of employees between, and no line of promotion
from, the M.M. division to the MEO. Hiring is done by different
1° Neither of these office buildings is owned by the Employer.
11 When it began servicing the other assembly plants which had been added to its
operations does not appear in the record.
12 Only about 25 percent of the former amount of "cut and sew " Is now processed by
the MM. division , the larger portion being contracted out to other firms.
CHRYSLER CORPORATION 411
offices, MEO through the group personnel department and M.M. divi-
sion through the plant personnel department. Some of the MEO
supervisors and employees were transferred from the master mechanics
divisions at the various plants, but since August 1, 1957, there have
been only 38 employee transfers, 10 from the M.M. division at Dodge
main and 28 from other plants. While these transfers were appar-
ently made at the same salary, the rate ranges in MEO are slightly
higher than those of the M.M. division.
Moreover, the MEO employee benefits are substantially different
from those in the M.M. division.13 Thus, there is great variance in
their disability absence rights, layoff procedures, pension programs,
and life and health insurance benefits. In addition, all MEO em-
ployees may participate in the Employer's thrift-stock ownership
program but the M.M. division employees may not.
On the basis of the foregoing facts, particularly their different lines
of development, places in the corporate setup, and benefits and priv-
ileges; the separate supervision and hiring; the absence of employee
interchange or line of progression; the location of the MEO on a
separate, restricted floor; and the bargaining history on a multiplant
basis, we find that the manufacturing engineering office of the car and
truck assembly group is not an accretion to the tool and process engi-
neering department at the Dodge assembly plant.'' Contrary to the
contention of the UAW, the facts that they are located in the same
building, that the employees have approximately the same degree of
training, and that the MEO now performs some of the functions pre-
viously performed in the M.M. division, albeit on a broader scale, do
not require a different conclusion. It seems clear that the physical
location of the MEO at the Dodge main plant is merely a matter of
convenience to the Employer. And while the creation of the MEO
has resulted in a change in the work of the M.M. division at the Dodge
assembly plant, this seems to be true also of the equivalent divisions
at the other assembly plants in the Detroit area. Accordingly, we
shall deny the UAW's motion to amend certification.
[The Board denied the motion.]
MEMBER KIMBALL took no part in the consideration of the above
Second Supplemental Decision and Order.
13 This difference in benefits results from the fact that the Employer regards the MEG
employees, other than clerks , illustrators, followup men, and detailers , as management
employees who are eligible to participate in programs limited to such employees.
14 Cf. Kennecott Copper Corporation , Nevada Mmes Division, 122 NLRB 198; Lev-
ingston Shipbuilding Company, 120 NLRB 205; Texlite, Inc, Case No. 16-RC-2704
(unpublished).