Dain Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 17, 1942

41 N.L.R.B. 1056 (N.L.R.B. 1942)

In the Matter of DAIN MANUFACTURING COMPANY and INT'L UNION,
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA, CIO '
Case No. R-3839.Decided June 17, 1942
Jurisdiction : agricultural implement manufacturing industry.
Investigation and Certification of Representatives: existence of question:
refusal to accord petitioner recognition ; existing contract about to expire held
no bar ; prior certification operative for nearly a year held no bar to a present
determination of representatives ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of the Company's plants, excluding office, clerical, and super-
visory employees, foremen, assistant foremen, watchmen, tool and die makers,
machinists, specialists, helpers, apprentices, and tool-crib attendants.
Mr. H. W. Pike, of Moline, Ill., for the company.
Mr. Lawrence Carlstrom, of Milwaukee, Wis., and Mr. John A. John-
son, of Des Moines, Iowa, for the C. I. O.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, affili-
ated with the Congress of Industrial Organizations, herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Dain Manufacturing Com-
pany, Ottumwa, Iowa, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert R. Rissman, Trial Examiner. Said hearing was held
at Ottumwa, Iowa, on May 19, 1942. The Company and the C. I. O.
were represented by counsel and participated in the hearing.' All
parties were afforded full opportunity to be heard, to examine and
I Service of notice of hearing was also made upon Independent Farm Implement workers,
herein called the Independent , and upon International Association of Machinists , herein
called the I A. M, labor organizations alleged to represent employees affected by the
investigation . Neither organization appeared at the bearing.
41 N. L. R. B., No. 196
1056
DAIN MANUFACTURING COMPANY 1057
cross-examine witnesses, and to introduce evidence bearing upon the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Dain Manufacturing Company, a wholly owned subsidiary of Deere
& Company, is engaged in the manufacture, sale, and distribution of
agricultural implements at Ottumwa, Iowa. For the year ending.
October 31, 1941, the total value of raw materials and supplies pur-
chased by the Company for use in the plant amounted to approximately
$1,684,000, of which approximately $1,654,000 represented materials
transported to the plant from points outside Iowa. During the same'
period, the total value of products finished at the plant amounted to
approximately $2,309,000, of which approximately $2,104,000 repre-
sented products shipped from the plant to points outside Iowa. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft, and Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
- Independent Farm Implement Workers is an unaffiliated labor or-
ganization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 29 , 1941, the Board issued a; Supplemental Decision and
Certification of Representatives ,' certifying the Independent as sole
bargaining agent of the C ompany's production and maintenance em-
ployees. On September 25, 1941, the Company entered into a contract
with the Independent , effective until August 31, 1942, and thereafter
from year to year furless terminated by 30 days ' written notice before
the expiration of any contract period.
Shortly before March 4, 1942, a committee of 8 representatives of
the Independent notified the Company that they constituted all the
employees who were then interested in the Independent . On March 4,
1942, a meeting of the Independent was attended by about 24 em-
2 Matter of Daen Manufactu+ing Company and Lodge No. 1$65, International As8ooiation
of Machtnv ts. A F of L. 33 N L R B 850
463892-42-vol. 41-67
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees. The president of the Independent told the members present,
that something would have to be done about the Independent and that
the members would have to decide whether they wanted to go on as
the Independent or wanted to go into the-C. I. 0., which was then
organizing the plant. About 17 employees voted to go into the C. 1. 0.,
about 4 to stay in the Independent, and the remaining employees voted
to have no labor organization in the plant. The Independent gave no
notice to the Company concerning this action. The Independent took
no step with respect to corporate dissolution. On April 1, 1942, rep-
resentatives of the Company met with the Board of Directors of the
Independent and announced a wage increase which had been requested
by the Independent sometime before. On May 14, 1942, the Company
,requested a meeting with the grievance committee respecting lay-offs,
and. such meeting was held. The Independent has held no membership
meetings nor has it handled any individual grievances since March 4,
1942.
On March 17, 1942, the C. I. O. wrote to the Company, claiming to
represent a majority of the employees and alleging that the Inde-
pendent had been dissolved as an independent organization and had
affiliated with the C. 1. 0. The C. 1. 0. requested a bargaining confer-
ence. On March 21, 1942, the Company replied that, in the absence of
proper notice from the Board, the Company could deal with no or-
ganization except the Independent as bargaining agent for its
employees.
' -The C. I. O. contends that the Independent has ceased to function
as an effective bargaining agent and that the employees have no agent
to represent them under the terms of the contract. The Company'
contends that the Independent is functioning so far as the perform-
ance,of the contract requires and that the contract is a bar to this
proceeding.
The record does not disclose that the Independent has entirely
ceased to function as bargaining agent of the employees for whom it
was certified by the Board on July 29, 1941. We note, however, that
the contract between the Independent and the Company is subject to
termination upon written notice to be given not later than August 1,
1942, (i. e., 30 days prior to the terminal date of August 31, 1942),
approximately 1 year from the day upon which the Board certified
the Independent. We have repeatedly held that contracts similar to
the contract between the-Company and the Association constitute a
bar to a determination of representatives during the initial period
of their existence .3 , Since, however, an election held at this time
in accordance with our usual procedure would result in a certification
, 3'See,Matter of Houde Engineering Corporation and International Union, U A. W -C. I,'0.,
Local 850, 36 N. L. R. B. 587, and cases cited therein. '
DAIN MANUFACTURING COMPANY 1059
approximately 1 year after the date of the certification on which the
instant contract is based at approximately the time fixed by the Inde-
pendent and the Company for notice to terminate their contract, we
find that the Contract between the Company and the Independent
is not a bar to a present determination of representatives for the
purpose of negotiating a new contract to succeed the contract now
in force.4
A statement prepared by the Regional Director and introduced into,
evidence at the hearing discloses that the C. I. O. represents a sub-
stantial number of employees in the appropriate unit.°
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 Act.
IV. THE APPROPRIATE UNIT
The parties agree, and we find, that all production and maintenance
employees at the Company's plant at Ottumwa, Iowa, excluding office,,
clerical and supervisory employees, foremen, assistant foremen, watch-
men, tool and die makers, machinists, specialists, helpers, apprentices,
and tool-crib attendants, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the-
Act .6
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation of employees
of the Company can best be resolved by an election by secret ballot.
The Independent, although duly served with notice of this pro-
ceeding, did not appear at the hearing, and the record is not clear
whether the Independent will continue to function as a labor organ-
ization. For this reason we shall not place the name of the Inde-
pendent on the ballot, provided, however, that it may appear thereon
if the Independent gives notice to the Regional Director within 5
days of the date of the issuance of our Decision and Direction of
Election that it desires to participate in the election.
Those eligible to vote in the election shall be employees within the
appropriate unit who were employed during the pay-roll period im-
+ See Matter of Chrysler Motors Parts Corporation and International Union, United
Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the
Congress of Industrial Organizations . 38 N. L . R. B. 1379.
G The C. I. 0 submitted to the Regional Director T64 cards , of which 38 are undated'
and the remaining dated in 1942 , 119 of which appear to be genuine signatures of employees
on the pay roll of April 25, 1942, listing 221 employees . At the time of the hearing there
were 290 employees on the pay roll, 236 of which were in the appropriate unit
'The Board found this unit appropriate in the former representation proceeding , cited'
in footnote 1 above , and such employees are covered in the present contract with the
Independent The record discloses that the I. A M represents employees in categories
excluded from the unit.
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mediately preceding the date of our Direction of Election, subject to
the limitations and additions set forth therein.
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,
49 Stat. 449, and pursuant to Article III, Section 8, 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 Dain Manufactur-
ing Company, Ottumwa; Iowa, 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 of Election, under the direction and
,supervision of the Regional Director for the Eighteenth, 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 all employees of the Company within the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
employees who did not work during such pay-roll, period because
they were Gill or on vacation or in the active military service or train-
ing 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 Inter-
national Union, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, CIO, for the purposes of collective
bargaining. -