Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 8, 1943

50 N.L.R.B. 237 (N.L.R.B. 1943)

In the Matter of ALLIS-CHALMERS MANUFACTURING' COMPANY and
UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA, C. I. O.
Case No. R-.5400.-Decided June 8,1943
Mr. John Waddle ton, of LaCrosse, Wis., for the Company.
Meyers cfi Meyers, by Mr. Ben Meyers, of Chicago, Ill., and Mr.
Charles Hobbie, of Cedar Rapids, Iowa, for the C. I. O.
Mr. C. H. Guice; of Milwaukee, Wis., for the I. A. Al.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed- by United Farm Equipment and Metal
Workers of America, C. I. 0., herein called the CIO, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Allis-Chalmers Manufacturing Company, La-
Crosse, Wisconsin, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert R. Rissman, Trial Examiner. Said hearing was held
at LaCrosse, Wisconsin, on May 20, 1943. The Company, the CIO,
and International Association of Machinists, A. F. of L.,1 herein
called the IAM, appeared, participated, and was afforded full oppor-,
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The IAM made a motion
to dismiss the petition herein which the Trial Examiner referred
to the Board. For reasons appearing in Section III herein, this mo-
tion is denied. The Trial Examiner's rulings made at the hearing are
free from prejudicial errors and are hereby affirmed. The IAM has
filed a brief which the Board has considered.
'The Board takes Judicial notice of the fact that since the date of the hearing herein
the International Association of Machinists has withdrawn from the American Federation
of Labor.
50 N. L. R. B., No. 41. -
237
238 DECISIONS OF NATIONAL LABOR R'E'LATIONS BOARD
Upon the entire record in the case , the Board makes the following :
FINDINGS OF FACT ,
I.,THE BUSINESS OF THE COMPANY
Allis-Chalmers Manufacturing Company,' a Delaware corporation,
operates nine plants-located in the States of Wisconsin, Pennsylvania,
Ohio, Illinois , Massachusetts , California, and Indiana. We are con-'
cerned herein with the LaCrosse Works of the Company, herein called
the LaCrosse Works, located in the city of LaCrosse, Wisconsin: The
LaCrosse Works normally produces. agricultural implements such
as plows and harrows which are designed for use with the Company's
farm tractors. During the year 1942 the Company purchased raw
materials for use at its LaCrosse Works, valued at approximately
$1,250,000, of which at least 75 percent was procured from-, points
outside the State of Wisconsin. During the same period the Com-
pany's sales of finished products manufactured at the LaCrosse Works
amounted in value to at least $4,500,000, of which approximately 85
percent were made to purchasers outside the State of Wisconsin.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Farm Equipment and Metal Workers of America is a labor
organization affiliated with the Congress. of Industrial Organizations,
admitting to membership employees of the Company.
Lodge 1109 of the International Association of Machinists is a labor
organization admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On April 2, 1943, the CIO requested recognition as the exclusive
bargaining agent of the production and maintenance employees of
the Company. The Company replied on April 6, 1943, stating that
the Company had been 'recognizing the JAM as the exclusive bar=
gaining agent of these employees, and would have to continue to do
so until directed otherwise by the National Labor Relations Board.
On May 4, 1942, the Company'and the IAM executed a collective
bargaining agreement which contained the following clause:
This agreement shall remain in full force and effect until
April 15, 1943, inclusive, and thereafter from year to year unless
either party gives to the other party written notice within the .
ten (10) day period immediately preceding thirty (30) days
prior to any date of expiration.
-S,.ALLIS-CHALMERS --MANUFACTURING COMPANY - 239
On March 6 , 1943 , the IAM served notice upon the Company that
it wished to, reopen the contract . Pursuant to this notice , the Com-
pany and the IAM had been conducting negotiations -which had not,
as of the date of the hearing herein, resulted in an executed contract.
'At the hearing , the, IAM made a , motion to dismiss the, petition of
the CIO , . contending that an election at this time would jeopardize
the interests of the employees and on the further ground that less than
a year has elapsed since a prior Board certification? It made no
contention that the contract , as such, constituted a bar to the ' present
proceeding . The Company took the position that no'contract existed
between the IAM and itself at the time of the ' hearing herein, but
that the Board has certified a different bargaining agent, it would
continue to recognize the IAM . We are of the opinion and find that
the petition of the CIO has been timely filed, and that the contract
of May 4, 1942, does not constitute a bar to a present determination
of representatives . Nor do we find merit in the IAM 's contention
that the petition should ' be dismissed because an election was held in
June 1942 , resulting in certification of the IAM on July 3, 1942. It
is now a year since the last election , and before any certification
issued as a result of this proceeding a year will have elapsed since
the prior , certification.3
A statement of the Regional Director introduced into evidence at
the hearing indicates that the CIO represents a substantial number
of employees in the unit hereinafter found 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
In accordance with the stipulation of the parties, we find that all
production and maintenance 5, employees of the Company at the
LaCrosse Works, including assistant inspectors, checkers and pro-
dUction clerks, but excluding supervisory employees, clerical and office
employees, timekeepers, timestudy department employees and engi-
2Matter of Allis-Chalmers Manufacturing Company , 42 N. r, . R B. 56.
$ In Matter of Thompsons Products , Inc, 47 N . L. R. B 619, we stated that where
the contract precedes the certification , the date of the contract rather than the date of
certification , is determinative.
4 The Regional Director reported that the CIO submitted 218 application cards, of which
192 bole apparently genuine original signatures and the names of persons appearing upon
the Company 's pay roll of May 13 , 1943 . This pay roll contained the names of approxi-
mately 460 persons in the unit hereinafter found appropriate,
The IAM relies upon the contract of May 4, 1942, to establish its interest in the pro-
ceeding herein
5 Although the contract of May 4 did not include maintenance employees, the parties
thereto had been bargaining upon the basis of the unit found , appropriate in a prior Board
decision which included such employees . See Matter of Allis -Chalmers Manufacturing
Company, 41 N L R B. 747 at 749.
240 ;IYFrCISIONS OF NATIONAL "LABOR „RELATIONS BOARD
neering department employees, 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
employees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction."
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 Allis-Chalmers
Manufacturing Company, LaCrosse, Wisconsin, 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 Eighteenth 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 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 those employees who have since quit or
been discharged for cause, to determine whether they desire to be
represented by U. F. E. M. W. A., C. I. 0., or by Lodge 1109, Inter-
national Association of Machinists, for the purposes of collective
bargaining,_ or by neither.
6 The CIO requested that it be designated upon the ballot as U. F. E. M W A, C. I. 0 ;
and the IAM requested that it be designated upon the ballot as Lodge 1109, International
Association of Machinists, A. F. of L The request of the CIO is granted. Inasmuch
as we have taken judicial notice of the fact that the IAM is no lorger affiliated with the
American Federation of Labor, we shall designate it upon the ballot as Lodge 1109,
International Association of Machinists.