Allis Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 5, 1942

41 N.L.R.B. 747 (N.L.R.B. 1942)

In the Matter of ALLIS CHALMERS MANUFACTURING Co., LA CROSSE
WORKS and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT
& AGRICULTURAL IMPLEMENT WORKERS or AMERICA (C. I. 0. )
Case No. R-3801.-Decided June 5, 1942
Jurisdiction : farm equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; agreement concluded during the
pendency of proceedings and in the face of conflicting claims of rival labor
organization held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of the Company's plants, including assistant inspectors, and
checkers and production clerks, but excluding supervisory employees, clerical
and office employees, time-keepers, time-study department employees, and
engineering department employees ; stipulation as to.
Mr. John L. Waddleton, of West Allis, Wis., for the Company.
Mr. Max Raskin, of Milwaukee, Wis., for the C. I. O.
Mr. Paul Hujbrecht, of Green Bay, Wis., for the A. F. of L.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America
(C. I. 0.), herein called the C. I. 0., alleging that a question affecting
commerce has arisen concerning the representation of employees of
Allis Chalmers Manufacturing Co., La Crosse Works, La Crosse, Wis-
consin, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Stephen M. Reynolds, Trial Examiner. Said hearing was held at
La Crosse, Wisconsin, on May 5, 1942. The Company, the C. I. 0.,
and International Association of Machinists, Lodge 1109, affiliated
with the American Federation of Labor, hereinafter called the A. F.
of L., 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.
Both unions filed briefs which the Board has duly considered.
Upon the entire record in the case, the Board makes the following :
41 N. L. R. B., No. 138.
747
748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FIN DINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Allis Chalmers Manufacturing Co. is a Delaware corporation which
owns and operates a number of plants. The only plant involved
in this proceeding is the La Crosse Works, La Crosse , Wisconsin,
where . the Company is engaged in the manufacture of farm equip-
meat. During the calendar year 1941 the Company purchased raw
materials for use at the La Crosse Works amounting to $3,103 ,872.11
in value, of which 75, percent was purchased outside the State-of
Wisconsin. During the same period the. total sales from the La
Crosse , Works amounted to $5,206,734 , of which approximately 85
percent represented sales of products which were shipped to points
outside the State of Wisconsin.
II. THE ORGANIZATIONS INVOLVED
International Union, United- Automobile, Aircraft & Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations admitting to membership
employees of the Company.
International Association of Machinists, Lodge No. 1109, is a labor
organization affiliated with the American Federation of Labor ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. requested exclusive bargaining rights for the produc-
tion employees of the Company at its ' La Crosse Works which the
Company refused to grant, stating that it had no proof that the
C. I. O. as -entitled to such rights. Thereupon, on April 8, 1942,
the C. I.-0. filed the petition in this proceeding.
The A. Y. 'of L. alleges that these proceedings are barred because of
existing contractual relations between-the Company and the A. F. of L:
Qn Apri120; 1940, a sole recognition contract was signed by the Com-
pany and the A. F. of L., to remain,in force until April 15, 1942, and;
thereafter from, year to year unless notice was given between 30 nand
40 days prior to any date of expiration., The C. I. O. presented- its
demands upon,,the Company for recognition on March 5, 1942. On,
March 7, 1942, the A. F. of L. advised the Company of its intention to,
negotiate for a new. contract.. Negotiations were then conducted cul-.
minating in the signing of a new.contract,on May 4, 1942, which was
made expressly. subject to any. action taken .,by the Board in this
proceeding, and which left the wage question open for further negoti-
ALLIS CHALMERS MANUFACTURING Co. 749
ations with the understanding that any decision reached on that point
would be retroactive as of April 15, 1942. We find that the contract
does not constitute a bar to a present determination of representatives.
A statement of the Regional Director introduced in evidence at the
hearing indicates that the C. I. O. 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company at its La
Crosse Works, including assistant inspectors and checkers and pro-
duction clerks, but excluding supervisory employees, clerical and
office employees, timekeepers, time-study department employees, and
engineering 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 em-
ployees in the appropriate unit who were employed during the pay-
poll period immediately preceding the date of the Direction of
Election herein, subject to such limitations and additions as are 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 8, of National Labor Rela-
1 The Regional Director reported that the C. I O. had submitted 253 authorization
cards, 14 of which ere duplicates. Of the remaining 239, 6 were names of employees
not appearing on the Company's pay roll of March 16, 1942, which contained 437 names
of production employees. Eight of the nam+as appearing both on the cards and the pay
roll appear to be names not Included in the appropriate unit, thus, there appear to be
225 cards bearing names of employees in the appropriate unit employed by the Company
as of March 16, 1942. Forty-seven cards were undated, the others bearing dates from
March 1941 to April 1942. All of the signatures appear to be genuine. The A. F. of L.
was not requested to submit evidence to the Regional Director because it has been
under contract with the Company.
•
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Allis Chalmers
Manufacturing Co., La Crosse Works, La Crosse, Wisconsin, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of
Election, under the direction and supervision of the Regional Di-
rector for the Twelfth Region, acting in this matter as agent -for the
National Labor Relations Board, and subject to Article III, Section 9,
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 in the active military
service or training of the United States, or temporarily laid off, but
excluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America (C. I. 0.), or by International Association of
Machinists , Lodge No. 1109 (A. F. of L.), for the purposes of col-
lective bargaining, or by neither:
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