Fairbanks, Morse & Co.

National Labor Relations Board - Board Decisions

Mar 13, 1946

66 N.L.R.B. 673 (N.L.R.B. 1946)

In the Matter of FAIRBANKS , MORSE & Co. and UNITED STEELWORKERS
OF AMERICA , C. I. O.
Case No. 13-R-39256.Decided March 13, 1946
Pope & Ballard, by Mr. William F. Price, of Chicago, Ill., for the
Company.
Mr. W. 0. Parker, of Beloit, Wis., and Mr. W. T. Anderson, of
Milwaukee, Wis., for the C. I. O.
Mr. E. J. Reid, of Chicago, Ill., and Mr. F. J. Morris, of Rock-
ford, Ill. ; for the I. A. M.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Fairbanks, Morse & Co., Freeport, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Benjamin B. Salvaty, Jr.,
Trial Examiner. The hearing was held at Freeport, Illinois, on De-
cember 6, 1945. The Company, the C. I. 0., and International Asso-
ciation of Machinists, District Lodge No. 101, herein called the
I. A. M., appeared and participated.
At the hearing, the I. A. M. moved to dismiss the petition. For
reasons set forth in Section III, infra, the motion is denied. All
parties 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 :
66 N. L. R. B., No. 92.
673
c86572--46-44
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Fairbanks, Morse & Co., an Illinois corporation, is engaged in
the manufacture of Diesel engines, generators, pumps, alternators,
and scales. The Company operates plants in Illinois, Michigan,
Vermont, Missouri, Arkansas, California, and Wisconsin. At its
plant in Freeport, Illinois, which is the sole plant involved in this
proceeding, the Company manufactures parts for Diesel engines and
electric motors. The principal raw materials used by the Company
at its Freeport plant are iron, steel, and copper. During the calendar
year 1945, the Company purchased raw materials, for use at its Free-
port plant, valued in excess of $100,000, of which a substantial amount
was shipped from points outside the State of Illinois. During the
same period, the Company manufactured finished products at the
Freeport plant, valued in excess of $100,000, of which a substantial
amount was shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Association of Machinists, District Lodge No. 101,
is a labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a letter dated September 4, 1945, the CIO requested that the
Company recognize it as exclusive bargaining representative of the
Company's employees. The Company, in a letter dated September 10,
1945, declined to extend the requested recognition because of its cur-
rent contractual relations with the I. A. M.
On April 19, 1943, after winning a consent election conducted by
the Board, the I. A. M. entered into a collective bargaining agreement
with the Company covering production and maintenance employees.
The contract, supplemented by three amendments, provides that it
shall remain in effect "until termination of the present war by armis-
tice or otherwise," and, that, following the termination of the war, it
is to continue in effect "until all or any part of it is changed or ter-
minated" by either party giving the other 30 days' written notice.
FAIRBANKS, MORSE & CO. 675
At the hearing, the Company and the I. A. M. urged the April
1943 contract as a bar to an immediate determination of representa-
tives. However, the contract is of indefinite duration, and as such
it does not constitute a bar to a determination of representatives
after the end of the first contract year.' Accordingly, we find that
the April 1943 contract, as amended, does not operate as a bar to the
present proceeding.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. 0. represents a substantial number of
employees in the unit hereinafter found appropriate .2
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 are in substantial agreement that the appropriate unit
should consist of all production and maintenance employees of the
Company, including truckers, floor inspectors, inspectors reporting to
the chief inspector,3 receiving and shipping department employees
who perform manual operations, and the working-assistant-foreman,
excluding time-study employees, timekeepers, watchmen, office and
clerical and engineering department employees, foremen and other
supervisory employees.4 The parties disagree, however, as to the
following employees :
The C. I. 0. urges that production clerks and stenographers, the
inspection clerk, production checker; receiving and shipping depart-
ment clerks, checkers and stenographers, stores department clerks,
and the stock chasers be included; the I. A. M. and the Company
urge the exclusion of all these employees. It is apparent from the
record that all these various types of clerical employees have been
excluded from the contract between the Company and the I. A. M.5
Therefore, since it is our practice not to disturb a contract unit
I See Matter of Central Barge Company, 61 N. L. R. B. 784; Matter of Globe Ship-
buslding Company, 57 N. L. R. B. 1104.
g The Field Examiner reported that the C. I. O. submitted 125 cards , bearing the
names of 118 employees , listed on the Company 's pay roll of October 18, 1945.
There are approximately 270 employees in the appropriate unit.
The I . A. M. relies upon its contract as evidence of its interest.
s Inasmuch as the parties now agree to include these inspectors , who have been covered
by the 1943 contract , as amended , since April 1945, we shall include them in the unit
hereinafter found appropriate . See Matter of General Cigar Co, Inc , 64 N. L. R. B.
300.
'The unit herein is substantially the same as the one covered by the 1943 contract,
as amended.
6 Although the Company 's Works Manager was in doubt as to whether or not produc-
tion clerks and stenographers were covered by the contract , we are of the opinion that
an objective interpretation of the contract indicates that such clerical employees were
not covered.
676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
established as a result of.collective bargaining, in the absense of any
compelling circumstances warranting a departure therefrom," we
shall exclude the production clerks and stenographers, the inspection
clerks, production checker, receiving and shipping department clerks,
checkers and stenographers, stores department clerk and the stock
chasers from the unit hereinafter found appropriate.
We find that all production and maintenance employees at the
Company's Freeport, Illinois, plant, including truckers, floor in-
spectors, inspectors reporting to the chief inspector, receiving and
shipping department employees who perform manual operations, and
the working-assistant-foreman,7 excluding time-study employees,
timekeepers, watchmen, production clerks and stenographers, inspec-
tion clerk," production checker,9 receiving and shipping department
clerks,10 checkers," and stenographers, stores department clerks,12
stock chasers,13 office and clerical employees, engineering department
employees, foremen, and any other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, 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 an election by secret ballot among 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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Fairbanks, Morse
6 See Matter of C. J. Petersen and C. F. Lytle, d/b/a Petersen & Lytle, 60 N. L. R. B.
1070.
7 The parties agree that this employee , Dan Schubert, does not possess supervisory
authority.
Russell Mulnix.
R. S. Cornelius.
10 Robert Bask is an employee within this category.
21C. B . Bennethum and Henry Lawson.
=A. Anderson and John Welty.
13 Joe Harback Is an employee within this category.
FAIRBANKS, MORSE & CO. 677
& Co., Freeport, 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 Direction, 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, Sections 10 and 11, of said Rules and Regulations, among
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 not work during
said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for
eause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
United Steelworkers of America, C. I. 0., or by International Asso-
ciation of Machinists, District Lodge No. 101, for the purposes of
collective bargaining, or by neither.