Caterpillar Tractor Co.

National Labor Relations Board - Board Decisions

Aug 11, 1942

42 N.L.R.B. 1405 (N.L.R.B. 1942)

J
In the Mattel Of CA l'EP,PILLAR TRACTOR COMPANY and FARM EQUIP-
MMIENT WORKERS ORGANIZING COMMITTEE AFFILIATED WITH THE
C I ,0
Case°No R-4039 -Decided August 11, 1942
Jurisdiction machinery manufacturing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition until certified by the `Board, election
necessary
Unit Appropriate for Collective Bargaining all employees in the heating depart-
ment at one of Company's plants, excluding supervisory employees
Mr George W Torrence of East Peoria, Ill , for the Company.
Meyers c Meyers, by Mr Ben Meyers, of Chicago, Tll, for the
Union.
Mr Reynolds C Sezt2, of counsel to the Board
DECISION
AND
DECISION OF ELECTION
STA'I ri rrNT OF TIIE CAST:
Upon petition duly 'filed by Farm Equipment Workers Organiz-
ing Committee, affiliated With the C I O', herein called the Union,
alleging that a question affecting commerce has arisen concerning the
representation of employees of Caterpillar Tractor Company, Peoria,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate healing upon due notice before
Henry J Kent, Tiial Examiner Said hearing was held at Chicago,
Illinois, on July 13, 1942 The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues The Trial Examinei's rulings, made at the hearing,
are free fiom prejudicial error and are hereby affirmed
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Caterpillar Tractor Company is a California corporation engaged
in the manufacture, sale, and distribution of tractors, road machinery,
42 N L R B, No 251
1405
1406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Diesel engines The plant involved in this proceeding is located
in Peoria, Illinois Fiom January 1 to July 1, 1942, the Company
purchased for use at its Peoria plant raw materials having an ap-
proximate value of $25,000,000 Approximately 66 percent of such
materials was ti anspoited to the Peoria plant from points outside the
State of Illinois During the same period, the Company sold products
of its Peoria plant having an approximate sales value of $50,000,000.
Approximately 95 percent of such products was transported from the
Peoria plant to points outside the State of Illinois
II TIIE ORGANIZATION INVOLVED
Farm Equipment' Workers Organizing Committee, affiliated with
the C I 0, is a labor organization admitting to 'membeiship em-
ployees at the Peoria plant of the Company
III THE QUESTION CONCERNING REPRESENTATION
On or about April 21, 1942, the Union requested the Company to
bargain with it as the exclusive repiesentative of the Company's em-
ployees in the unit described in Section IV, below The Company
refused to bargain with the Union as such representative until it was
certified by the, Board
A statement of the Regional Director, introduced in evidence at the
hearing, shows that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate 1
We find that a question affecting commerce has arisen concerning-
the repiesentation 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 contends that all employees in the heating depaitment
(Department 90) at the Company's Peoria plant, 'excluding super:
visory employees, constitute a unit appropriate,for the purposes of
collective bargaining 2 On March 17, 1942, the Union was certified
'The statement of the Regional Director concerning the claims of authorisation sub-
mitted by the Union is as follows The Union submitted 18 authorizations for repre-
sentation cards bearing what appear to be genuine original signatures Of the 18 names,
13 appear on the Company' s pay ioll - of June 1, 1942 , which contains the names of 25
persons within the appropriate unit The 13 designation cards bearing the apparently
genuine signatures of persons appearing on the Company ' s pay roll of June 1, 1942, are
dated in February 1942
z The heating department is made up of approximately 30 employees , the number fluctu-
ating some's hat between summer and winter months The employees ate engaged in
six different classifications , namely engineers , first class , engineers , second class , firemen,
first class , firemen , second class , helpers,, and ash men All of the first class engineers
work at the No-1:umt They operate 'the generators , 's ater pumps , and air comps essors
In the event of extremely cold weather , they may also operate gas and oil fired boilers fOre
heating purposes The second class engineers work in the air compressor room in Buildings
CATERPILLAR TRACTOR COMPANY 1407
by the Board as the exclusive bargaining representative for all hourly
paid production and maintenance employees at the Company's Peoi is
plants The' Union now requests that an election be held among the
employees in the heating department and that, if it is designated by
those employees as their collective baigaining representative, they
be included in the larger unit for which the Union has already been
certified The Company has no objection to the heating depaitnlent
unit sought by the Union, but stated at the hearing that. in view of
the certification of March 17, 1942, it wanted the question of the ap-
propriate unit to be decided'by the Board.
We find that all employees in the heating department (Department
90) at the Company's Peoria plant, excluding supervisoiy employees,
constitute a unit appiopriate for the pun poses of collective bargaining,
within the meaning of Section 9 (b) of the Act Since the Union
has already been certified as the exclusive collective bargaining repre-
sentative for the production and maintenance employees at the Com-
pany's Peoria plant, it will, if designated and certified as the ex-
clusive collective baigaining representative for the Company's heat-
ing department employees, be fiee to represent and bargain for the
pioduction and maintenance employees and the heliting department
employees together,
V THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by seciet ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately pieceding the date of our Direction of Elec-
tion 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 Relations
Act, and pursuant to Aiticle III, Section 8 of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
X and H H At these locations they operate air compressors In Building H H they
also operate generators The firemen , first class , who act as lead ' men, are all stationed
at the No 2 unit They operate the stoker fired boilers , the turbine fan, the engines which
drive the stokers, the water pumps , and the water filter and softener The firemen, second
class , are all stationed at the No 3 unit They operate boilers, fans, steam engines and
water pumps The helpers work at both the No 2 and the No 3 units They distribute
coal to the boilers out of the silo into_the hoppers They also, with the help of the fire-
men, take care of oiling and greasing of machinery , The ash men are,stationed at Units 2
and 3 They pull ashes and act as sweepers and wipers and general cleanup men
8 Matter of Caterpillar Tractor Co and Farm Equipment Workers organizing Co?mmmittee,
affiliated with the C 1 O, 38 N L R B 33
1408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tives for,the purposes of collective bargaining with Catei pillar Tractor
Company, Peoria, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election, under the chi ection and super -
vision 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 in the unit found appropriate in Section IV above,
who were.employed during the pay..roll period immediately preceding
the date of this Direction of Election, including employees who did
not work during such 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 employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Farm Equipment Workers Oiganiz-
i ng Committee, affiliated with the C I 0 , for the purposes of col-
lective bargaining.
MR GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.