Caterpillar Tractor Co.

National Labor Relations Board - Board Decisions

Jan 5, 1942

38 N.L.R.B. 30 (N.L.R.B. 1942)

In the Matter of CATERPILLAR TRACTOR Co. and FARM EQUIPMENT
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. 8-3192
Investigation and Certification of Representatives : run-off election directed.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
January 5, 1942
On November 17, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding,' directing that an election by secret ballot
be conducted among certain employees of Caterpillar Tractor Co.,
Peoria, Illinois, herein called the Company, to determine whether
they desired to be represented by United Farm Equipment Workers
of America, Local 105, affiliated with the C. I. 0., herein called the
F. E. W. O. C., by American Federation of Labor, Local No. 22945,
herein called the Federal Labor Union, or by Independent Union of
Tractor Workers, herein called the Independent, for the purposes of _
collective bargaining, or by none of these organizations.
Pursuant to the Decision and Direction of Election, an election by
secret ballot was conducted among such employees on December 12,
1941, under the direction and supervision of the Regional Director for
the Thirteenth Region (Chicago, Illinois). On December 15, 1941,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, prepared and duly served upon the parties an Election
Report, setting forth the following results of the aforesaid' election :
Total number eligible____________________________________ 12,988
Total number ballots cast________________________________ 12,002
Total number ballots challenged__________________________ 53
Total number blank ballots_______________________________ 3
Total number void ballots________________________________ 2
Total number valid votes cast---------------------------- 11,944
136 N. L. R. B 1035.
38 N. L. R B, No. 6.
30
CATERPILLAR TRACTOR CO. 31
Total number ballots cast for United Farm Equipment
Workers of America, Local 105 , affiliated with the C . I. O__ 5,164
Total number votes cast for American Federation of Labor,
Local No. 22945_________________________________ ______ 4,159
Total number ballots cast for Independent Union of
Tractor Workers_______________________________________ 563
Total number of ballots cast for none of said organizations_ 2, 058
No objections to the Election Report were thereafter filed by any
of the parties.
On December 16, 1941, the F. E. W. O. C. filed a request for a run-off
election to be held by the Board.
Although none of the competing labor organizations received a ma-
jority of the votes cast, the results of the election show that a substan-
tial majority of the employees in question desire to bargain collectively
with the Company. Accordingly, we shall direct a run-off election
in which such employees will be given an opportunity to decide whether
they desire to be represented by the F. E. W. O. C., the Federal Labor
Union, or the Independent, for the purposes of collective bargaining.
SECOND DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Laboi
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Caterpillar Tractor Co., Peoria, Illinois, an election by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from 'the date of this Second Direction of Election, 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, Section 9, of said
Rules and Regulations, among the employees described in the Direction
of Election issued on November 17, 1941, but excluding those who
have since quit or been discharged for cause, to determine whether they
desire to be represented by United Farm Equipment Workers of
America, Local 105, affiliated with the C. I. 0., by American Federa-
tion of Labor, Local No. 22945, or by Independent Union of Tractor
Workers, for the purposes of collective bargaining.
In the Matter of CATERPILLAR TRACTOR Co . and FARM EQUIPMENT
WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE C. I. O.
Case'No. R-3192
AMENDMENT TO SECOND DIRECTION OF ELECTION
January 14, 1942.
On November 17, 1941, the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Election in the
above-entitled proceeding .' On January 5, 1942, the Board issued a
Supplemental Decision and Second Direction of Election.' The
Second Direction of Election directed that an election by secret ballot
be conducted not later than thirty (30) days from the date of the
Second Direction among certain employees of Caterpillar Tractor
Co., Peoria , Illinois, to determine whether they desire to be represented
for the purposes of collective bargaining by United Farm Equipment
Workers of America, Local 105, affiliated with the C. I. 0., by Amer-
ican Federation of Labor, Local No. 22945, or by Independent Union
of Tractor Workers.
The Board , having been advised by Independent Union of Tractor
Workers that it does not desire its name to appear upon the ballot,
hereby amends the Second Direction of Election by striking therefrom
the words " to determine whether they desire to be represented by
United Farm Equipment Workers of America, Local 105, affiliated
with the C. I. 0., by American Federation of Labor, Local No. 22945,
or by Independent Union of Tractor Workers, for the purposes of
collective bargaining" and substituting therefor the words " to deter-
mine whether they desire to be represented by United Farm Equipment
Workers of America, Local 105, affiliated with the C. I. 0., or by Amer-
ican Federation of Labor, Local No. 22945, for the purposes of collec-
tive bargaining."
1 36 N. L R. B. 1035
s 38 N L . R. B. 30
38 N. L. R. B., No. 6a.
32
In the Matter Of CATERPILLAR TRACTOR CO. and FARM EQUIPMENT WORK-
ERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I.,0.
Case No. 8-3192
CERTIFICATION OF REPRESENTATIVES
February 17,1942
On November 17, 1941, and January 5, 1942, respectively, the Na-
tional Labor Relations Board issued a Decision and Direction of
Election, and a Supplemental Decision and Second Direction of Elec-
tion in the above-entitled proceeding." On Januaiy'14,1942, the Board
issued an Amendment to Second Direction of Election 2 Pursuant to
the Second Direction of Election as amended, an election ' by secret
ballot was conducted on January 28, 1942, under the direction and
supervision of the Regional Director for the Thirteenth Region (Chi-
cago, Illinois). On February 2, 1942, the Regional Director, acting
pursuant,to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report. No objections to the conduct
of the ballot or the Election Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list___________________________________ 12, 521
Total number of ballots cast_______________________________ 10,832
Total number of ballots challenged_________________________ 66
Total number of blank ballots_____________________________ 35
Total number of void ballots______________________________ 31
Total number of ballots cast for C. I. 0. Union______________ 5, 814
Total number of ballots cast for A. F. of L. Union ----------- 4, 886
Since the challenged ballots could not affect the outcome of the
election, it is unnecessary to rule upon the challenges.
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,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
136N L.R B 1035,38N . L R B, No 6
2 38 N L R B 32
38 N. L R B, No. 6b.
33
34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT Is HEREBY CERTIFIED that United Farm Equipment Workers of
America, Local 105, affiliated with the C. I. 0., has been designated and
selected by a majority of the following employees'of Caterpillar Trac-
tor Co., Peoria, Illinois, at its Peoria, Illinois, plant : hourly paid pro-
duction and maintenance employees, lead men, apprentices other than
pattern makers' apprentices, hourly paid factory clerical employees,
timekeepers, hourly paid employees in metallurgical department,
testers employed in proving ground and plant proper, employees in
material control department (production office), janitors, salaried fac-
tory clerical employees, hourly paid experimental laboratory employees
(dynamometer operators, assemblers, machinists, inspectors, follow-up
men, stock chasers, and miscellaneous employees), and experimental
machine-shop employees; excluding supervisory employees, foremen,
pattern makers and pattern makers' apprentices, watchmen, office em-
ployees, heating-department employees, cafeteria employees, engineer-
ing office employees, tool designing department employees in, tractor
and road machine divisions, planning department employees in tractor,
foundry, and road machine divisions (routing and tooling employees,
time-study men, lay-out employees, estimators), salaried engineers in
experimental laboratory; as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the Na-
tional Labor Relations Act, United Farm Equipment Workers of
America, Local 105, affiliated with the C. I. 0., is the exclusive repre-
sentative of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.