Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 9, 1938

5 N.L.R.B. 158 (N.L.R.B. 1938)

In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY and
INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA,
LOCAL 248
Case No. R-015
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 9, 1938
On June 14, 1937, International Union, United Automobile Work-
ers of America, Local 248, herein called Local No. 248, by Julius
Blunk, financial secretary, filed with the Regional Director of the
Twelfth Region (Milwaukee, Wisconsin) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of the West Allis, Wisconsin, plant of the Allis-Chal-
mers Manufacturing Company, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On June 26, 1937, the National Labor
Relations Board, herein called the Board, acting pursuant to Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, ordered the Regional Director to con-
duct an investigation and provide for an appropriate hearing.
On July 1, 1937, the Regional Director issued a notice of hearing
to be held at Milwaukee, Wisconsin, on July 12, 1937, copies of
which were served upon the Company, Local No. 248, the Interna-
tional Association of Machinists, herein called the I. A. M., the
International Brotherhood of Firemen and Oilers, herein called the
I. B. F. O., the International Brotherhood of Electrical Workers,
herein called the I. B. E. W., Mr. Joseph A. Padway, attorney for
these unions, and upon the Metal Trades Council of Milwaukee, and
the Independent Engineers and Draftsmen's Association herein
called the Association.
Pursuant to the notice, a hearing was held at Milwaukee, Wisconsin,
from July 12 through July 28, 1937, before Fred A. Hughes, the
158
DECISIONS A ND ORDERS 159
Trial Examiner duly designated by the Board. On November
20, 1937, the Board issued a Decision and Direction of Election)
On December 9, 1937, the Board issued an Amendment to the Di-
rection of Election, and on December 22, 1937, the Board issued a
second Amendment to the Direction of Election. In its Decision
the Board determined that the technical engineers in nonsupervisory
capacities and the draftsmen constituted a unit appropriate for the
purposes of collective bargaining and directed an election among
these employees, to determine whether they desired to be represented
by the Independent Engineers and Draftsmen's Association, or by
Local No. 248, for the purposes of collective bargaining, or by
neither.
As to other production employees, the Board found that they
could be considered together as one unit , or that units could be
made of the firemen and oilers, of the maintenance electricians, and
of all the production workers , excluding draftsmen , technical en-
gineers, maintenance electricians , and firemen and oilers . The Board
stated that the determining factor would be the desires of the men
themselves, and directed that elections be held among the firemen
and oilers and the maintenance electricians to determine the desires
of the employees in these categories. ,
An election was ordered among the maintenance electricians to
determine whether they desired to be represented by the I. B. E. W.,
Local No. 663, or by Local No. 248, or by neither. The Board stated
that if Local No. 248 was accorded a majority the maintenance elec-
tricians would be considered as constituting , together with the other
production workers, a single unit, but that if the I. B. E. W., Local
No. 663, was accorded a majority, the maintenance electricians would
be considered as constituting a separate unit.
An election was ordered among the operating engineer in charge,
the operating engineer in the basement, the operating engineers, the
head fireman in charge, the head fireman, the assistant operating
engineers, the firemen , the oilers , the boiler washers, the coal-dock
operators, the coal-clock man and the ashman, in the main power-
house and in the boiler rooms of the forage department , to determine
whether they desired to be represented by the I. B. F. 0., Local No.
125, or by the U. A. W. A., Local No. 248, or by neither. The Board
stated that if Local No. 248 was accorded a majority these groups
would be considered as constituting, together with the other produc-
tion workers, a single unit, but that if the I. B. F. 0., Local No. 125,
was accorded a majority these groups would be considered as con-
stituting a separate unit.
24 N. L It B. 159.
160 NATIONAL LABOR RELATIONS BOARD
An election was ordered among all other production employees,
to determine whether or not they desired to be represented by Local
No. 248.
Pursuant to the Direction of Election, as amended, secret ballots
were conducted on January 3 and 4, 1938. Full opportunity was
afforded to all parties to this investigation to participate in the con-
duct of the secret ballots and to make challenges. On January 7,
1938, the Regional Director, who conducted the ballots, caused to
be served on the parties his Intermediate Report on the conduct of
the ballots. No objections with respect to the conduct of the elec-
tions were filed to the Intermediate Report, and it was forwarded
by the Regional Director to the Board in Washington, D. C.^
As to the results of the secret ballots, the Intermediate Report
showed the following :
Technical engineers and draftsmen
Total number eligible----------------------------------------- 351
Total Ballots Cast-------------------------------------------- 323
Total Number of Blank Ballots--------------------------------- 0
Total Number of Void Ballots---------------------------------- 0
Total Number of Protested Ballots----------------------------- 2
Total Number of Ballots Cast for International Union, United
Automobile Workers of America, Local No 24S, C. I 0-------- 13
Total Number of Ballots Cast for Independent Engineers and
Draftsmen's Association------------------------------------- 272
Ballots Cast for Neither Organization-------------------------- 36
Maintenance electricians
Total Number Eligible---------------------------------------- 73
Total Ballots Cast-------------------------------------------- 65 ,
Total Number of Blank Ballots--------------------------------- 0
Total Number of Void Ballots---------------------------------- 0
Total Number of Protested Ballots----------------------------- 1
Total Number of Ballots Cast for International Brotherhood of
Electrical Workers, Local No 663-B, A F of L---------------- 49
Ballots cast for International Union, United Automobile Workers
of America, Local No. 248, C. I. 0---------------------------- 11
Ballots cast for Neither Organization--------------------------- 4
Firemen and oilers
Total Number Eligible----------------------------------------- 59
Total Ballots Cast-------------------------------------------- 56
Total Number of Blank Ballots--------------------------------- 0
Total Number of Void Ballots--------------------------------- 0
Total Number of Protested Ballots----------------------------- 0
Total Number of Ballots Cast for International Union, United
Automobile Workers of America, Local No 248, C. I. 0-------- 10 ,
DECISIONS AND ORDERS 161,
Total Number of Ballots Cast for International Brotherhood of
Firemen and Oilers, Local No. 125, A. F. of L---------------- 41
Ballots Cast for Neither Organization-------------------------- 5
Other production employees
Total Number Eligible----------------------------------------- 8,414
Total Ballots Cast-------------------------------------------- 7,761
Total Number of Blank Ballots--------------------------------- 20
Total Number of Void Ballots-------------------------------- 10
Total Number of Ballots Cast for International Union, United
Automobile Workers of America, Local No. 248, C. I. 0-------- 6, 086
Total Number of Ballots Cast Against International Union,
United Automobile Workers of America, Local No. 248, C. I. O- 1, 645
Before the elections were held, but after the issuance of the Board's
decision, questions arose as to the eligibility of indentured appren-
tices, cooperative students, and graduate students, and as to whether
or not assistant foremen and inspectors were employed in supervisory
capacities. The Regional Director ordered that the ballots cast by
these employees be segregated. The number of employees in these
classifications who cast ballots are as follows :
Assistant Foremen------------------------------------------ 77
Graduate Students------------------------------------------ 40
Indentured Apprentices ------------------------------------- 193
Cooperative Students---------------------------------------- 1
Inspectors-------------------------------------------------- 163
Total------------------------------------------------- 474
These ballots cannot affect the results of the elections listed above.
In order to facilitate collective bargaining and to extend to the
employees as quickly as possible the benefits of the collective bar-
gaining that has already taken place, the Board will issue a Certifica-
tion applicable to the employees other than those in these five cate-
gories. When the Board has made a final determination as to the
status of assistant foremen, inspectors, graduate students, inden-
tured apprentices and cooperative students, it will, if it finds that any
of these groups are to be included within the appropriate unit, issue
another certification embodying that finding.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In order to insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining, and
otherwise to effectuate the policies of the Act, and subject to our
further decision regarding assistant foremen, inspectors, graduate
students, indentured apprentices and cooperative students, we find
that the following groups of the employees of the West Allis, Wiscon-
162 NATIONAL LABOR RELATIONS, BOARD
sin, plant of the Allis-Chalmers Manufacturing Company constitute
units appropriate for the purposes of collective bargaining :
(a) Maintenance electricians, excluding assistant foremen, in-
spectors, graduate students, indentured apprentices and
cooperative students;
(b) Operating engineer in charge, the operating engineer in the
basement, the operating engineers, the head fireman in
charge, the head fireman, the assistant operating engineers,
the firemen, the oilers, the boiler washers, the coal-dock
operators, the coal-dock man and the ashman, in the main
powerhouse and in the boiler rooms of the forge depart-
ment, exclusive of assistant foremen, inspectors, graduate
students, indentured apprentices and cooperative students;
(c) Production employees, exclusive of supervisory employees,
draftsmen, technical engineers, maintenance electricians
and firemen and oilers, assistant foremen, inspectors, grad-
uate students, indentured apprentices and cooperative
students.
Upon the basis of the above findings of fact and upon the entire.
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The following employees of the West Allis, Wisconsin, plant of
the Allis-Chalmers Manufacturing Company constitute units appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act:
(a) Maintenance electricians, excluding assistant foremen, in-
spectors, graduate students, indentured apprentices and
cooperative students;
(b) Operating engineer in charge, the operating engineer in the
basement, the operating engineers, the head fireman in
charge, the head fireman, the assistant operating engi-
neers, the firemen, the oilers, the boiler washers, the coal-
dock operators, the coal-dock man and the ashrnan, in
the main powerhouse and in the boiler rooms of the forge
department, exclusive of assistant foremen, inspectors,
graduate students, indentured apprentices and cooperative
students;
(c) Production employees, exclusive of supervisory employees,
draftsmen, technical engineers, maintenance electricians
and firemen and oilers, assistant foremen, inspectors, grad-
uate students, indentured apprentices and cooperative
students.
DECISIONS AND ORDERS
CERTIFICATION OF REPRESENTATIVES
163
By virtue of and pursuant to the power vested in the National
Labor Relations Board by the National Labor Relations Act, 49 Stat.
449, and pursuant to Article III, Section 8, of National Labor Re-
lations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that the Independent Engineers and Drafts-
men's Association has been designated and selected by a majority of
the technical engineers in nonsupervisory capacities and the drafts-
men, exclusive of assistant foremen, inspectors , graduate students,
indentured apprentices and cooperative students, as their represent-
ative for the purposes of collective bargaining , and that, pursuant
to the provisions of Section 9 (a) of the Act , the Independent En-
gineers and Draftsmen 's Association is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to wages, rates of pay , hours of work and other conditions of
employment ; and
IT IS HEREBY CERTIFIED that Local No. 663 of the International,
Brotherhood of Electrical Workers, affiliated with the American Fed-
eration of Labor, has been designated and selected by a majority of
the maintenance electricians, exclusive of assistant foremen, in-
spectors , graduate students , indentured apprentices and cooperative
students, of the West Allis, Wisconsin, plant of the Allis-Chalmers
Manufacturing Company as their representative for the purposes of
collective bargaining , and that, pursuant to the provisions of Section
9 (a) of the Act, Local No. 663 of International Brotherhood of
Electrical Workers, affiliated with the American Federation of Labor,
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to wages, rates of pay, hours of
work and other conditions of employment; and
IT IS HEREBY CERTIFIED that Local No. 125 of the International
Brotherhood of Firemen and Oilers , affiliated with the American
Federation of Labor, has been designated and selected by a majority
of the following group of employees : Operating engineer in charge,
the operating engineer in the basement, the operating engineers, the
head fireman in charge, the head fireman, the assistant operating
engineers, the firemen, the oilers, the boiler washers, the coal-dock
operators, the coal-dock man and the ashman, in the main power-
house and in the boiler rooms of the forge department , exclusive of
assistant foremen, inspectors , graduate students , indentured appren-
tices and cooperative students, as their representative for the pur-
poses of collective bargaining, and that, pursuant to the provisions
of Section 9 (a) of the Act, Local No. 125 of the International
Brotherhood of Firemen and Oilers, affiliated with the American
Federation of Labor, is the exclusive representative of all such em-
164 NATIONAL LABOR RELATIONS BOARD
ployees for the purposes of collective bargaining in respect to wages,
rates of pay, hours of work and other conditions of employment; and
IT IS HEREBY CERTIFIED that Local No. 248, International Union,
United Automobile Workers of America, affiliated with the Com-
mittee for Industrial Organization, has been designated and selected
by a majority of the production employees of the West Allis, Wis-
consin, plant of the Allis-Chalmers Manufacturing Company, ex-
clusive of supervisory employees, draftsmen, technical engineers,
maintenance electricians and firemen and oilers, assistant foremen,
inspectors, graduate students, indentured apprentices and cooperative
students, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
Act, Local No. 248, International Union, United Automobile Work-
ers of America, affiliated with the Committee for Industrial Organi-
zation, is the exclusive representative of all such employees' for the
purposes of collective bargaining in respect to wages, rates of pay,
hours of work and other conditions of employment.