Caterpillar Tractor Co.

National Labor Relations Board - Board Decisions

Sep 6, 1943

52 N.L.R.B. 437 (N.L.R.B. 1943)

In the Matter of CATERPILLAR TRACTOR Co. and BuILD'NG SERVICE
EMPLOYEES INTERNATIONAL UNION, LOCAL # 18, A. F. OF L.
Case No. R-5854.-Decided September 6,1943
Mr. W. L. Williford and Mr . Gordon Monfort, of San Leandro,
Calif., for the Company.
Mr. Joseph Aronson and Mr. W. Douglas Goldert , of Oakland,
Calif., for the Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Building Service Employees Interna-
tional Union, Local #18, A. F. of L., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Caterpillar Tractor Co., San Leandro,
California, herein called the Company, the National Labor Relations
Board pi ovided for an appropriate hearing upon due notice before
John P. Jennings, Trial Examiner. Said hearing was held at San
Francisco, California, on August 19, 1943. The Company and the
Union 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 the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Caterpillar Tractor Co. is a California corporation engaged in the
manufacture of Diesel engines. We are concerned with its plant at
San Leandro, California, where it is engaged in the manufacture of
52 N. L. B. B., No. 67.
437
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fuel engine injectors. During 1942 the Company purchased raw
materials valued at about $1,040,000, approximately 50 percent of
which was shipped to it from points outside the State of California.
During the same period the Company shipped about $2,000,000 worth
of products from its San Leandro- plant to points outside the State of
California.
H. THE ORGANIZATION INVOLVED
Building Service Employees International Union, Local #18, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the plant-protection employees
at its San Leandro plant until such time as the Union is certified by
the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be 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
The Union urges that all plant guards of the Company, excluding
the chief guard, constitute an appropriate unit. The Company stated
that it doubted the propriety of setting up a unit of plant guards
inasmuch as they are sworn United States auxiliary military police,
but that in any event lieutenants and sergeants should be excluded
from the unit.
The Company's guards are armed and sworn United States aux-
iliary military police. The United States Army has formulated
certain employment standards applicable to the plant guards. It
cannot seriously be contended at this time that guards _who are sworn
into temporary membership in the armed services thereby lose any
benefits of the Act. For the reasons stated in the Dravo case,2 we
I The Regional Director reported that the Union presented 12 membership -application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of August 7, 1943. There are approximately 18 employees in the appro-
priate unit.
2 52 N. L. R. B 322.
CARTERPILLAR TRACTOR CO. 439
find that plant guards, although sworn United States auxiliary mili-
tary police , are free to select their own 'bargaining representatives
under the Act.
As stated above, the Company would exclude the lieutenant and
sergeants from the unit , while the Union would include them. The
lieutenant and each sergeant supervises the work of approximately
five plant guards. The lieutenant and sergeants recommend the hire
and discharge of the plant guards under their supervision . We shall
exclude the lieutenant and sergeants from the unit.
We find that all plant guards at the San Leandro plant of the
Company , excluding the chief guard, the lieutenant , sergeants, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of em-
ployees , or effectively recommend ' such action , 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 means of 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 Election herein, subject to the limitations and additions 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 Re-
lations 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 Caterpillar Trac-
tor Co., San Leandro, California, 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 Twentieth 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 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
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440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not work during said pay-roll period because they were ill or on va-
cation 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 any who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Building Service Employees International Union, Local #18, af-
filiated with the American Federation of Labor, for the purposes of
collective bargaining.
CHAIRMAN MILms took no part in the consideration of the above
Decision and Dtio; of Election.