Electro-Motive Corp.

National Labor Relations Board - Board Decisions

Feb 4, 1941

29 N.L.R.B. 393 (N.L.R.B. 1941)

In the Matter of ELECTRO-MOTIVE CORPORATION, A,DELAWARE CORPORA-
TION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF
AMERICA, LOCAL 719, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-°2°039.=Decided February 4, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Denton Jolly, of Detroit, Mich., for the Company.
,Meyers c Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
United.
Mr. Lewis Shaffer, and Mr. R. M. Young, of Chicago, Ill., for the
Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
On July 23, 1940, International Union, United Automobile Work-
ers of America, Local 719, affiliated with the Congress of Industrial
Organizations, herein called the United, filed with the Regional
Director for the ' Thirteenth Region (Chicago, Illinois) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Electro-Motive Corporation, herein
called the Company, engaged in the manufacture of various types and
kinds of passenger, freight, and switching locomotives and parts
thereof at McCook, Illinois, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On De-
cember 18, 1940, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an,ap-
propriate hearing upon due notice.
On December 23, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
29 N. L. R. B., No 71.
393
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United, and Independent Diesel `Yorkers Association, herein called
the Independent, a labor organization claiming to represent em-
ployees directly, affected by the investigation. Pursuant to notice, a
hearing was held on December 30, 1940, at Chicago, Illinois, before
Jack G. Evans, the Trial Examiner duly designated by the Board.
The Company, the United, and the Independent were represented
by counsel and participated in the hearing. On December 30, 1940,
during the course of the hearing, the Company, the United, the Inde-
pendent, and the Regional Director entered into a "STIPULATION
FOR CERTIFICATION OF REPRESENTATIVES UPON CON-
SENT ELECTION." On January 7, 1941, the parties entered into
an "AMENDMENT TO STIPULATION FOR CERTIFICATION
OF REPRESENTATIVES UPON CONSENT ELECTION."
Pursuant to the Stipulation, as amended, an election by secret
ballot was conducted on January 15, 1941, under the 'direction and
supervision of the Regional Director, among all production and main-
tenance employees and such job checkers known as timekeepers of
Electro-Motive Corporation employed at its system of plants located
at McCook, Illinois, excluding, however, the direct representatives
of the management such as officers and directors of the Company, sales
managers and assistant sales managers, factory managers and assistant
factory managers, directors and employees of sales, accounting, per.
sonnel and industrial relations departments, directors of purchases
and assistant directors of purchases, superintendents and assistant
superintendents, general foreman, foremen and assistant foreman, any
group leader's who are designated by the Company to act during any
portion of their working ,period in a supervisory capacity, and all
other persons working in a supervisory capacity, including those hav-
ing the right to hire or discharge and those whose duties include
recommendation as to hiring or discharging, and those employees
whose work is of a confidential nature, time-study men, plant-protec-
tion employees, all clerical employees, chief engineers and shift op-
erating engineers in power plants, designing (drawing board), pro-
duction estimating and planning engineers, draftsmen and detailers,
physicists, chemists, metallurgists, service delivery instructors, time-
keepers, technical school students, indentured apprentices, and those
technical or professional employees who are receiving special train-
ing, and kitchen and cafeteria help, to determine whether said em-
ployees desire to be represented by the United, by the Independent or
by neither. On January 20, 1941, the Regional Director issued and
duly served upon the parties his Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties.
ELECTRO-MOTIVE CORPORATION 395
• In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total number on eligible list______________________________ 2,757
Total number of ballots cast ------------------------------- 2, 631
Total number of ballots cast for U . A. W., C. I. 0.________-__ 1, 520
Total number of ballots cast for Independent _____________ 580
Total number of ballots cast for neither___________________ 512
Total number of ballots challenged_______________________ 18
Total number of blank ballots____________________________ 0
Total number of void ballots_____________________________ 1
Upon the basis of, the Stipulation, as amended, the Election Re-
port, and the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Electro-Motive Corporation, McCook, Illi-
nois, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production, and maintenance employees and such job check-
ers known as timekeepers of Electro-Motive Corporation, employed
at its system of plants located at McCook, Illinois, excluding, how-
ever, the direct representatives of the management, such as officers
and directors of the Company, sales managers and assistant sales
managers, factory managers and assistant factory managers, direc-
tors and employees of sales, accounting, personnel, and industrial
relations departments, director's of purchases and assistant directors
of purchases, superintendents and assistant superintendents, general
foreman, foremen and assistant foreman, any group leaders who are
designated by the Company to act during any portion of their work-
ing period in a supervisory capacity, and all other persons working
in a supervisory capacity, including those having the right to hire or
discharge and those whose duties include recommendation as to hir-
ing or discharging, and those employees whose work is of a confiden-
tial nature, time-study men, plant-protection employees, all clerical
employees, chief engineers and shift operating engineers in power
plants, designing (drawing board), production estimating and plan-
ning engineers, draftsmen and detailers, physicists, chemists, metal-
lurgists, service-delivery instructors, timekeepers, technical school
students, indentured apprentices, and those technical or professional
employees who are receiving special training, and kitchen and cafe-
teria help, constitute aunit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. International Union, United Automobile Workers of America,
Local 719, affiliated with the Congress of Industrial Organizations,
has been designated and-selected by a majority of the employees in the
above unit and is their representative for the purposes of collective
bargaining and is the. exclusive representative of all employees in
the said unit, within the meaning- of Section 9 (a) of the National
Labor Relations Act.
'CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that International Union, United Automo-
bile Workers of America, Local 719, affiliated with the Congress of
Industrial Organizations, has been designated and selected by a ma-
jority of all production and maintenance employees and such job
checkers known as timekeepers of Electro-Motive Corporation, em-
ployed at its system of plants located at 'McCook, Illinois, excluding,
however, the direct representatives of the management, such as officers
and directors of the Company, sales managers and assistant sales
managers, factory managers and assistant factory managers, directors
and employees of sales, accounting, personnel, and industrial relations
departments, directors of purchases and assistant directors of pur-
chases, superintendents and assistant superintendents, general fore-
man, foremen and assistant foreman, any group leaders who are
designated by the Company to act during any portion of their work-
ing period in a supervisory capacity, and all other persons working
in a supervisory capacity, including those having the right to hire
or discharge and those whose duties include recommendation as to
hiring or discharging, and those employees whose work is of a con-
fidential nature, time-study men, plant-protection employees, all
clerical employees, chief engineers and shift operating engineers in
power plants, designing (drawing board), production estimating and
planning engineers, draftsmen and detailers, physicists, chemists,
metallurgists, service-delivery instructors, timekeepers, technical
school students, indentured apprentices, and those technical or pro-
fessional employees who are receiving special training, and kitchen
and cafeteria help, as their representative for the purposes of collec-
tive bargaining, and that, pursuant to the provisions of Section 9 (a)
of the Act, International Union, United Automobile Workers of
America, Local 719, affiliated with the Congress of Industrial Or-
ganizations, is the exclusive representative 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.