Caterpillar Military Engine Co.

National Labor Relations Board - Board Decisions

Dec 18, 1944

59 N.L.R.B. 1137 (N.L.R.B. 1944)

In the Matter Of CATERPILLAR MILITARY ENGINE COMPANY and LOCAL
_UNION #146, I. B. OF E. W. and CARPENTERS LOCAL UNION 742 and
INTERNATIONAL ASSOCIATION OF MACHINISTS and PAINTERS LOCAL
UNION 288 and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUF-
FEURS, WAREHOUSEMEN & HELPERS, #279, and LOCAL UNION No. 65,
UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS AND STEAMFITTERS
OF THE UNITED STATES AND CANADA and UNITED FARM EQUIPMENT
AND METAL WORKERS OF AMERICA, C. I. O.
Cases Nos. 13-R4350, 13-R-2254, 13-R-2297, 13-R--2271, 13-R-32561
13-R-2330 and 13-R-2371
THIRD SUPPLEMENTAL DECISION
December 18, 1944
On May 31, 1944, the National Labor Relations Board issued a
Decision and Direction of Elections in these consolidated proceed-
ings, and on June 22 and 26, 1944, amendments thereto, directing
that separate elections be held among several groups of employees
of Caterpillar Military Engine Company, Decatur, Illinois, herein
called the Company, proposed as appropriate bargaining units by
six labor organizations, each affiliated with the American Federation
of Labor, for drivers, electrical workers, carpenters, painters, plumb-
ers, and other production and maintenance employees in a residual
group, respectively. On August 8, 1944, the Board issued a Supple-
mental Decision and Certification of Representatives, finding that the
six proposed groups were units respectively appropriate for bargain-
ing purposes and certifying the labor organization' receiving the
majority of votes cast in each election as the bargaining representa-
tive of the employees therein concerned. Thus, Teamsters, Chauf-
feurs, Warehousemen and Helpers Union, Local 279, A. F. of L.,'
herein called the Teamsters, was certified as the exclusive bargaining
representative of all outside truck drivers, ram truck operators, and
gas station attendants,2 and United Farm Equipment and Metal
Workers of America; affiliated with the Congress of Industrial Or-
1 56 N. L. R. B. 1150; 56 N. L. R. B . 1609; and 56 N. L. R. B. 1682.
' The unit proposed and phrased by the Teamsters in its original petition included "truck
drivers , shop tractors or high lifts , and warehousemen." On the day before the hearing,
the Teamsters amended its proposed unit to exclude warehousemen and changed the phrasing
of other categories as above noted • According to the allegations of the petition and the
amended petition , the change in the proposed unit reduced the number of employees con-
cerned from 75 to 25 employees. The Teamsters submitted - 17 cards' in ' support of-its
petition, as amended. _
59,N. L. R. B., No . 204. 1137
1138 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
ganizations, herein called the C. I. 0., was certified as bargaining rep-
resentative of all employees in the residual plant unit of production
and maintenance employees.
Subsequent to the issuance of the certification in these consolidated
proceedings, grievances arose among low-lift truck operators. The
Teamsters, contending that low-lift operators were included in the
drivers' unit, for which it was the certified bargaining representa-
tive, presented the grievances to the Company, and the Company re-
fused to deal with the Teamsters, alleging that low-lift truck oper-
ators were part of the residual plant unit and that the C. I. O. was
therefore their bargaining representative. On August 27, 1944, the
Teamsters filed a motion, requesting that the Board determine this
issue. On September 8, 1944, the Board issued a Second Supple-
mental Decision ,3 finding that low-lift truck operators are included
in the residual plant unit, for which the- C. I. O. is bargaining rep-
resentative.
On October 3, 1944, the Teamsters filed a second motion, request-
ing that the Board reopen the record to adduce additional testimony
with respect to the unit appropriate for truck drivers and operators.
On October 13, 1944, the Board granted the motion, and remanded
the consolidated cases to the Regional Director for further hearing.
Pursuant to notice, further hearing was held at Decatur, Illinois,
on October 27, 1944, before Gustaf B. Erickson, Trial Examiner.
The Company; the Teamsters; the C. I. 0.; United Brotherhood of
Carpenters & Joiners of America, Local Union No. 742, A. F. of L.;
Plumbers & Steamfitters of the United Association, Local No. 65,
A. F. of L.; Brotherhood of Painters & Paper Hangers & Decorators
of America, Local Union No. 288, A. F. of L.; Local 146, Interna-
tional Brotherhood of Electrical Workers, A. F. of L.; and Sheet
Metal. Local #133, 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. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in these consolidated proceedings, including
the record thus made at the reopened hearing, the Board makes the
following : '
SUPPLEMENTAL FINDINGS OF FACT
A. The Company's trucking operations
As of October 2, 1944, the Company employed 12 outside truck
drivers, ; 23 'ram or high-lift truck ' operators, 38 platform-or low-lift
58 N . L. R. B. 136.
CATERPILLAR MILITARY ENGINE COMPANY 1139
truck operators, 2 trailer truck drivers, and certain other employees
driving special cars more particularly described below.
Outside tuck drivers: The 12 truck drivers who operate the Com-
pany's trucks on public ways are duly licensed as truck operators by
the State. These outside truck operators and the gas station attend-
ants who refuel the trucks operate under common supervision and
constitute the trucking section of the traffic, stores, reclamation, and
trucking division of the manufacturing department at the Company's
Decatur plant.
Ram, or high-lift, and power platform, or loin-lift, trucks: In 1942,
the Company adopted two major classifications for operators of its
inside plant trucks : power platform or low-lift truck operators and
ram or high-lift truck operators. From the time the' plant opened
until April 1944, these inside truck operators constituted a part of the
trucking section in the division of the manufacturing department,
described above, with outside truck operators and gas station attend-
ants, and were subject to the common supervision of that administra-
tive sector of the Company's operations. Early in April 1944, shortly
before the original hearing, in the interest of their more economical
use, the Company distributed its low-lift trucks chiefly among the pro-
duction departments of its plant and assigned, the operators of these
trucks to work permanently under the supervision of the several re-
spective departmental heads. Later, subsequent to the original hear-
ing, •but just prior to the issuance of our Decision and Direction of
Elections herein, and unknown to the Board, the Company similarly
distributed its high-lift trucks, chiefly among the receiving and stores
departments at its plant, and assigned operators-of these trucks to
work under the several departmental heads, leaving, as noted above,
only outside truck operators and gas station attendants as trucking
employees under the administration of the trucking section at its plant.
These two reassignments, thus distributing low-lift and high-lift truck
operators throughout the plant, made the Company's trucking ar-
rangements at its Decatur plant uniform with those at its Peoria plant
and marked the abandonment at the former plant of an experiment
to localize all trucking operations under one supervisor. The, com-
peting labor organizations claiming an interest in ram truck operators,
being fully advised of the situation then obtaining at the plant, entered
into a stipulation for an amendment of our Decision and Direction of
Elections issued during the interim, on which the Board acted, with
the result that the voting group finally found suitable for outside truck
drivers, ram truck operators, and gas station attendants was not re-
stricted to any one department within the Company's plant. The
C. I. 0. was a party to this stipulation.
1140 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Low-lift truck operators are essentially part of the production pro-
gram. At the time of the original hearing, and now, they are variously
distributed among some 14 departments at the^plant for regular work.
They principally transport rough, semi-finished, and finished material
from one machine to another, from machine shop to assembly line, and
from assembly- line to inspection. The trucks differ somewhat in
weight-carrying capacities. Of the 38 power platform operators, 18
were hired as such, and the remaining were up-graded from other work
at the plant : 6 from material handling, 3 from heat treat helpers, 2
from bench hands, 1 from machine cleaner, 1 from window washer, 2
from packing, 1 from blasting-machine operator, 2 from assembly, 1
from parts washer, and 1 from engine test mechanic.
Ram trucks or high-lift truck operators principally transport and
,stack materials at heights rather than at ground level. Of the 23 ram
trucks at the plant, 15 are in the material stores department, which is
not a production area, 1 in the crank-record machine shop, 3 in the
small-parts machine shop, 2 in the assembly line, 1 in the production
paint shop, 5 in the receiving department, 2 in the rough stores depart-
ment, 2 in the shipping department, 4 in reclamation, and 3 in packing
and storage. Ram trucks are' used in the loading and unloading of
railroad cars. They are also used to lift fixtures attached to machines.
Of the 23 ram operators now employed, 7 were hired directly as such,
and the remaining were up-graded, 11 from power platform truck
operators, 2.from material handlers, 1 from automobile truck driver,
1 from packing shop, and 1 from the training school. '
Low-lift and high-lift truck operators -work under approximately
30 different supervisors in the plant. High-lift or ram trucks re-
quire greater skill and judgment to handle effectively than do low-
lift trucks. High-lift truck operators receive a higher wage. Wo-
men operate both high-lift and low-lift trucks. Both types of trucks
operate only on company property, and operators do not need a
State license. The Company, however, requires all operators of these
inside trucks to take examinations conducted by the Company, and
gives to employees who pass its examinations a card indicating the
operator's competency to operate either a high-lift or low-lift truck.
Trailer trucks: The Company has two trailer trucks which operate
in the yards at the Decatur plant. According to the Company's
representative at the'reopened hearing, the drivers of these trucks
are not presently being represented by either of the labor. organiza-
tions claiming to represent the Company's other inside truck drivers.
These employees are neither outside truck drivers nor high-lift nor
low-lift truck operators. They drive four-wheel trucks of a type
that could be driven outside the.Company's plant.
CATERPILLAR MILITARY ENGINE COMPANY 4141
Other employees who operate automotive equipment: The 75 em-
ployees who operate outside trucks, and low-lift, high-lift, and trailer
trucks discussed above, are classified on the Company's pay rolls as+
such respective truck operators. The Company owns other trucks
and cars, which are operated by employees who spend the greater
part of their time in other work and are not classified on the Com-
pany's ;pay roll as operators of motor vehicles. Among these are :
2 trucks or load carriers in the receiving department, operated by
receiving department employees; 2 crane trucks, 1 of which is in the
machine shop and operated by machine repairmen; fire trucks and
station wagons, driven by various employees of the plant-protection
and plant-police department; an ambulance operated by employees of
the industrial relations department; and passenger cars operated by
employees of the general office department. Employees in these re-
spective departments generally share in the operation of these trucks.
In all cases the operation of the truck or car is purely incidental to
the regular work of its driver.
B. Conclusioi
The Teamsters contends that the Board should consider at this
time only the question whether low-lift truck operators should be
included in the drivers' unit represented by the Teamsters or in the
residual unit represented by the C. I. 0., urging that the former is
the proper disposition to be made of low-lift drivers for bargaining
purposes. The C. I. 0., -however, contends that if the Board recon-
siders at all the appropriate -unit for the Company's drivers at this
time, power platform or low-lift truck operators should not be re-
moved from the residual production and maintenance unit, but that
ram truck operators should be reassigned from the unit including
outside truck operators to the residual unit with production and
maintenance employees under the same common supervision. Neither
of the labor organizations at the reopened hearing made any specific
commitment with respect to its position concerning the trailer-truck
operators, although the general contention of the C. I. 0. for a plant
unit indicates that it deems such employees a part of the residual
unit for which it is representative.
At the Company's Peoria plant, both low-lift and high-lift truck
operators are part of a plant-wide unit similar to that which the
C. I. O. contends is appropriate for employees at the Company's
Decatur plant, concerned in this proceeding. The administrative
changes wrought for economy by the Company with respect to the
supervision of low-lift and high-lift truck operators at the Decatur
plant indicate the appropriateness of including employees in both
categories in the residual plant unit. -
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Teamsters, opposing any change affecting ram truck operators
at this time, contends that, on the basis of the extended record made
at the reopened hearing in this proceeding, the Board should reallo-
cate low-lift truck operators, assigning them from the residual plant
unit to the unit presently including outside drivers, ram truck oper-
ators, and gas station attendants, urging that this act will rectify an
alleged mistake made in the description of its originally proposed
unit, wherein low-lift operators were not specifically' named, and will
afford to low-lift operators opportunity for representation by' the
bargaining representative whom they desire. We find no merit in this
contention. The low-lift truck operators had been distributed among
the several departments at the Company's plant prior to the original
hearing in this proceeding and prior to the filing by the Teamsters of
its first'amended petition, expressly limiting employees covered therein
to the trucking section of the manufacturing department. Further-
more, the Teamsters offers no substantial proof of its interest among
low-lift truck operators prior to our elections conducted ,on June 29,
1944.4 Under these circumstances, we are of the opinion that we
should not at this time make any change in the units recently found
appropriate for the Company's employees. Our decision, however,
is without prejudice to a further consideration of the appropriate unit
or units for the Company's trucking employees when the matter may
be appropriately before the Board on a new and subsequent petition
filed in a reasonable time after the issuance of our certification herein.
4In support of its claim to represent low-lift and high -lift truck operators engaged In
the operation of "inside trucks," of whom 38 are low-lift truck operators , the Teamsters
submitted 50 application -for-membership cards , of which 1 was undated , 1 was dated In
March 1944 , and the remaining dated in'July, August , and September 1944.