Caterpillar Military Engine Co.

National Labor Relations Board - Board Decisions

May 31, 1944

56 N.L.R.B. 1150 (N.L.R.B. 1944)

In the Matter of CATERPILLAR' MILITARY ENGINE COMPANY and LOCAL
UNION #146, 1. B. OF E. W.
In the Matter of CATERPILLAR MILITARY ENGINE COMPANY and CAR-
PENTERS-LOCAL UNION 742
In the Matter Of CATERPILLAR MILITARY ENGINE COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS
In the ` Matter of CATERPILLAR, MILITARY ENGINE COMPANY and
PAINTERS LOCAL UNION 288
In the Matter Of, CATERPILLAR MILITARY ENGINE COMPANY and INTER-
NATIONAL BROTHERHOOD OF, TEAMSTERS, CHAUFFEURS, WAREHOUSE-
MEN & HELPERS, #279.
In the ,Matter of CATERPILLAR MILITARY ENGINE COMPANY and LOCAL
UNION No. 65, UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS AND
STEAMFITTERS OF THE UNITED STATES AND CANADA
In the Matter of CATERPILLAR MILITARY ENGINE COMPANY and UNITED
FARM EQUIPMENT'AND METAL WORKERS OF AMERICA, C. I. 0.
Cases Nos. 13-R--e5O, 13-R-0254, 13-R-^ 97; 13-R-9 9 71, 13-R-^^56,
j-3-R-2330 and 13-R-2371, respectively.-Decided May 31, 1944
Mr. Thomas W. Samuels, of Decatur, Ill., for the Company.
Mr. William Payton, of Terre Haute, Ind., and Mr.'F.W. Campbell,
of Decatur, Ill., for the I. B. E. W.
Mr. Harold F. Cheesman, of Alton, Ill., and" Mr. Lawrence M.
Duncan, of Decatur, Ill., for the Carpenters. ,
Mr. P. L. Siemiller and, Mr. E. E. Westbrook, of Chicago, Ill., for,
the I. A. M.
Mr. E. A. Levy, of Decatur, Ill., for the Painters.
Mr. Mack Ray, by Mr. L. M. Duncan, of Decatur, Ill., for the
Teamsters.
Mr. Harry A. Boyer, of Decatur, Ill:, for the Plumbers.
Meyers & Meyers, by'Mr. Ben"M1146;s, of Chicago, Ill., for the C. I.0.
Mr. Leonard F.,Cranfill, of Decatur, Ill., for the UAW-AFL:
Mrs. Augusta.Sp'aulding; of counsel to the Board.
56 N. L. R. B, No 202. -
1150 •
' CATERPILLAR MILITARY ENGINE COMPANY
.DECISION
AND ,
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
1151
Upon separate petitions duly filed by Local Union #146, Inter-
national Brotherhood of Electrical Workers, herein called the'
I. B. E. W.; by Carpenters Local Union 742, herein called the Carpen-
ters ; by International Association of Machinists, herein called the
I. A. M.; by Painters Local Union 288, herein called the Painters,;
by International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men & Helpers, #279, herein called the Teamsters;'by Local Union
No. 65, United Association of Journeymen Plumbers and Steamfit-
ters of the United States and Canada, herein called the Plumbers;
and by United Farm Equipment and Metal Workers of America,
C. I. 0., herein called the C. I. 0., each alleging that a question af-
fecting eommerce had arisen concerning the representation of em-
ployees of Caterpillar Military Engine Company, Decatur, Illinois,
herein called the Company, the National Labor Relations Board
provided for an appropriate consolidated hearing upon due notice
before Mozart G. Ratner, Trial Examiner. Said hearing was held
at Decatur, Illinois, on April 20,1944. The Company, the I. B. E. W.,
the Carpenters, the I. A. M., the Painters, the Teamsters, the Plumbers,
the C. I. 0., -and-International Union, United Automobile Workers
of America, affiliated with the American Federation of Labor, herein
called the UAW-AFL, appeared and participated.' All partie's 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 er-
ror and are hereby affirmed. All parties were afforded an opportunity
to file briefs with'the Board.,
Upon the entire record in the case, the Board makes the following;
FINDINGS OF FACT
I., THE BUSINESS OF THE COMPANY-
Caterpillar Military Engine Company is engaged in the manufac-
ture of tanks, tractor engines, and spare parts therefor, at its plant
at Decatur, Illinois, the only plant-of the Company involved in this
proceeding. During 1943 the Company purchased raw 'materials
valued in excess of $3,000,000, of which approximately 50 percent was
1 International Hod Carriers, Building & Common Laborers Union of America, Local 159,
and Metal and Tin Smiths Local Union,, A., F. of L., also served with notice, did not
appear.
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shipped to the Company from points outside Illinois. During the
same period the Company sold to the United States Government at its
Decatur, Illinois, plant, finished products valued at approximately
$1,500,000.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local Union #146, International Brotherhood of Electrical Work-
ers; Carpenters Local Union 742; International Association of Ma-
chinists ; Local Union No. 65, United Association of Journeymen
Plumbers and Steamfitters of the United States and-Canada; Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers, #279; Painters Local-Union 288; and International Union,
United Automobile Workers of America, are labor organizations
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
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.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to any of the several'
labor organizations, herein concerned as the exclusive bargaining rep-
resentative of its employees until the Board shall determine the ap-
propriate bargaining unit, or units, for such employees and shall
certify the exclusive bargaining representative of employees therein.
A'statement of a Board agent and other evidence introduced at the
hearing indicate that the petitioning unions each represents a sub-
stantial number of employees in the units respectively proposed by
them to be appropriate.
We find that 'questions affecting commerce have 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; THE DETERMINATION OF,REPRESENTATIVES
The Company, the C. I. 0., and the UAW-AFL agree that a plant-
wide unit, including production and maintenance employees at the
Decatur plant, constitutes an appropriate bargaining unit for the
Company's employees. The Plumbers, the Painters, the Carpenters,
the I. ,B. E. W., and the Teamsters seek units limited to employees
in certain named sections-or shops of'the plant. The I. A. M. seeks
a residuary plant unit, specifically excluding the groups of employees
CATERPILLAR MILITARY ENGINE COMPANY 1153
claimed by the several respective craft unions named above. The
Company and the several labor organizations agree that supervisory
employees within the Board's usual definition of that term should be
excluded from any unit, or units, which the Board,may find appro-
priate as the result of these proceedings..
The Company is principally engaged in manufacturing tractor
engines and transmissions at its Decatur plant. The plant is similar
to the Company's Peoria plant and other large engine plants of its
competitors. Its physical properties include five buildings and its
i operations are divided into seven broad operating departments known
as the administrative, comptrollers', industrial relations, plant pro-
tection, purchasing, engineering, and manufacturing departments.
Each of these, in turn, is broken down into divisions and subdivisions.
Plant maintenance is the charge of employees in the plant engineering
division of the manufacturing department.2 Craftsmen and their
helpers whom the Painters, the Plumbers, the Carpenters, and the
I. B. E. W., respectively, desire to include in separate bargaining
units, have their headquarters in shops or working areas in this
division. The craft unions respectively propose the following bar-
gaining units, all limited to employees in the named categories work-
ing within the plant engineering division of the manufacturing de-
partment : the Painters, all employees within the painting section,
which includes painters and their helpers ; the Plumbers, 'all employees
in the plumbing and ventilating sections, which includes pipe fitters
and their helpers and employees who work on the ventilating system;
the Carpenters, all employees in the carpenter and millwright sections,
which includes carpenters, cabinet makers, tinners, welders, and
helpers; and the I. B. E. W., electricians and their helpers. The
Teamsters proposes a unit limited to outside truck drivers, ram truck
drivers, and gasoline station attendants employed in the trucking
section of the traffic, stores, reclamation, and trucking division, within
the manufacturing department.
With respect to employees other than those discussed above, the
Company, the C. I. 0., the UAW-AFL, and the I. A. M. agree that
production and maintenance employees, including employees in the
experimental and testing section and in the service engineering section
of the engineering department and employees in the safety and sanita-
tion section of the industrial relations department, should be included
in a plant or residual unit. They further agree that the following
employees should be excluded from such unit : employees in the plant
protection department; all office and plant clerical employees who
'The plant engineering division was frequently identified at the hearing as the "main-
tenance division" and the terms were used interchangeably to refer to this one main
division at the plant.
] 154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
perform purely clerical functions; all employees in,the comptroller's
department and in. the purchasing and administrative departments;
all employees in the engineering department except employees in the
experimental and testing section and in the service engineering sec-
tion; all metallurgical laboratory employees; all'-employees in the
industrial relations department except employees in the safety and
sanitation section; all tool designers of the tool section of the manu-
facturing department, and all employees in the planning section of
the manufacturing department. These excluded employees are office,
clerical,• and technical employees whom we regularly exclude from
plant production units. '
In view of the interests indicated by the organizational program
among the Company's employees and ,particularly. in the absence of
any collective bargaining history at this plant, we shall make no deter-
mination ofthe unit or units appropriate for the Company's employees,
until we have held elections among employees in the units proposed by
the craft unions and among employees in the residual group.
The C. I. O.; the UAW-AFL, and the I. A. M., all of whom have
organized employees in the larger group, disagree with respect to
the inclusion therein of_ employees in the training division of the
manufacturing department who have not been previously employed
by the Company in some'other division of the plant. The C. I. O. and
the UAW-AFL would exclude, and the I. A. M. would include these
employees. New production employees .hired by the Company spend
the first 3 days of their employment in a classroom where they review
mathematics and learn to use measuring instruments and hand tools.
Thereafter they are placed in a separate machine shop within the
training division, where they are taught various mechanical opera-
tions. - The training program requires approximately 4 weeks for
completion. Thereafter the trainees become learners and work in pro-
duction departments. They remain learners until they have,devel-
oped sufficient skill to be rated as regular, production workers. Some-
times employees already in the Company's service enter the training
division in order to qualify for positions as skilled operators. Such
.employees have already earned regular employment status. The in-
terested labor organizations, agree that these employees should be in-
cluded in,a bargaining unit and we shall deem them included as pro-
duction ttnd maintenance employees. Since newly hired employees in_
the training division do not work in production divisions and. as
far as the record discloses, no 'work done by them flows - into produc-
tion, we shall exclude all, trainees in the training division of the
manufacturing department, except trainees who have been previously
employed by the Company, from voting in the election which we shall
conduct among employees in this residual group.
CATERPILLAR MILITARY ENGINE COMPANY 1155
As hereinabove indicated, we shall make no final determination with
.respect to the appropriate unit or units for the Company's employees
pending the outcome of the elections hereinafter directed. We shall
direct that separate elections by secret ballot be held among the em-
ployees- in each of the voting groups below set forth, who were 'em
ployed during the pay-roll period immediately preceding the date
of the Direction of-Elections herein, excluding all supervisory em-
ployees with authority to hire; promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, subject to the limitations and additions set forth in the,
-Direction :
1. All employees in the electrical section of the, plant engineering
division of the manufacturing department;
2. All employees in the carpenter and millwright sections of the
plant engineering division of the manufacturing department;
3. All - employees in the plumbing and ventilating sections of- the
plant engineering division of the manufacturing department;
4. All employees of the Company in the painting section of the
plant engineering division of the manufacturing department;
5. All outside truck drivers; ram truck operators, and gasoline station
attendants employed in the truckinb section of the traffic, stores,
reclamation, and trucking division of the manufacturing department;
and
6. All production and maintenance employees, including employees
in the experimental and testing section- and in the service engineering
section of the engineering department and employees in the safety and
sanitation section of the industrial relations department, but excluding
all employees in the electrical section, in the carpenter and millwright
sections, in the plumbing and ventilating sections, and in the painting
section of the plant engineering division of the manufacturing depart-
ment; all outside truck dHvers,' ram truck operators, and gasoline
station attendants employed in the trucking section of the traffic, stores,
reclamation, and trucking division of the manufacturing department;
all employees of the plant protection department; all office and plant
clerical employees who perform purely clerical functions; all employees
in the comptroller.'s department; all- employees in the purchasing and
administrative departments ; all employees of the engineering depart-
ment, except employees in the experimental and testing sections and,
in the service engineering section; all metallurgical laboratory em-
ployees; all employees in the industrial -relations department except
employees in the safety and' sanitation section; and all employees in
the training division not previously'employed elsewhere by the Com-
pany, tool - designers of the tool section, , and all employees in the
planning section of the manufacturing department.
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall provide that the C. I. O. and the UAW-AFL shall partici-
pate in all elections and that the craft unions each shall participate in
the - election among employees whom it claims to represent. ` The
I. A. M. does not desire to participate in the several elections among
employees in the groups organized by the craft unions. It desires
to participate in the election among employees in the residual group
and we shall so provide. The result that unions affiliated with the
same parent body will compete in each election is unavoidable in the
present situation of organization among the Company's employees.
Although we often decline to resolve questions of representation when
competing labor organizations have common affiliation, in this case,
it is noted, a labor organization not affiliated 'with the same parent
body will be a contestant in each election, thus bringing this case within
a well-established exception of our usual rule.
Upon the results of these elections in the afore-mentioned groups
will depend, in-part, our determination of the appropriate unit or
units for the Company's employees.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
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 Caterpillar Military
Engine Company, Decatur, Illinois, elections by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction of Elections, under the direction and
supervision of the Regional Director for the Thirteenth 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 groups of employees described below who were em-
ployed by the Company at its Decatur plant, during the pay-roll period
immediately preceding the date of this Direction of Elections, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding employees who have since
quit or been discharged for cause, and have not been rehired or
reinstated prior to the date of -the `elections, and all supervisory
employees with authority to hire, promote, discharge discipline, or
otherwise effect changes' in: status of employees, or effectively
recommend such action : -
CATERPILLAR MILITARY ENGINE COMPANY 1157
1. All employees in the electrical section of the plant `engineering
division of the manufacturing department to determine whether they
desire to be represented by Local Union #146, International Brother-
hood of Electrical Workers, or by United Farm Equipment and Metal
Workers of America, C. 1. 0., or by International Union, UnitedAuto-
mobile Workers of America, A. F. of L., for-the purposes of collective
bargaining, or by none;
2. All employees in the carpenter and millwright sections of the
plant engineering division of the manufacturing department to de-
termine whether they desire to be represented by Carpenters Local
Union 742, or by United Farm Equipment and Metal Workers of
America, C. I. 0., or by International Union, United Automobile
Workers of America, A. F. of L., for the purposes of collective bar-
gaining, or by none;
. 3.' All employees in the plumbing and ventilating sections of the
plant, engineering division of the manufacturing department to de-
termine whether they desire to be represented by Local Union No. 65,
United Association of Journeymen' Plumbers and Steamfitters of the
United States and Canada, or by United Farm Equipment and Metal
Workers of America, C. 1. 0., or by International Union, United Auto-
mobile Workers' of America, A. F. of L., for the purposes of collective
bargaining, or by none;
4. All employees in the painting section of the plant engineering
division of the manufacturing department to determine whether they
desire to be represented by 'Painters Local Union 288, or by United
Farm Equipment and Metal Workers of America, C. I. 0., or by
International Automobile Workers of America, A. F. of L., for the
purposes of collective bargaining, or by none;
5. All outside truck drivers, ram truck operators, and gasoline station
attendants employed in the trucking section of the traffic, stores, rec-
lamation, and trucking division of the manufacturing department to
determine whether they desire to be represented by International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers
#279, or by United Farin Equipment and Metal Workers of America,
C. I. 0., or by International Union, United Automobile Workers of
America, A. F. of L., for the purposes of collective bargaining, or by
none; and
6. All production and maintenance employees, including employees
in the experimental and testing section and in the service engineering
section of the engineering department and employees in the safety and
sanitation section of the industrial relations department, but exclud-
ing all employees in the electrical section, in the carpenter and mill-
wright sections, in the plumbing and ventilating sections, and in the
painting section of the plant engineering division of the manufactur-
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing department; all outside truck drivers,, ram truck operators, and
gasoline station attendants employed in the trucking section of the
traffic, stores, reclamation, and trucking division of the manufacturing,
department; all employees of the plant protection department; all
office and plant clerical employees who perform purely clerical func-
tions; all employees in-the comptroller's department; all employees in
the purchasing and administrative departments; all employees of the
engineering department, except employees in the experimental and
testing section_and in the service engineering section; all metallurgical
laboratory employees; all employees in the industrial relations depart-
ment, except employees in the safety and sanitation sections; and all
employees in the trainiiig division not previously employed by the
Company, tool designers of the tool section, rind all employees in the
planning section of the manufacturing department, to determine
whether they desire to be represented by United Farm Equipment and
Metal Workers of America, C. I. 0., or by International- Association
of Machinists, or by International Union, United Automobile Workers
of America, A. F. of L., for the purposes of collective bargaining, or
by none. _ w
[See infra, 56 N. L. R. B., 1609 for Amendment to Direction of
Elections.], -