Higgins-Tucker Motor Co., Inc.

National Labor Relations Board - Board Decisions

Jul 17, 1943

51 N.L.R.B. 394 (N.L.R.B. 1943)

r
In the Matter of HIGGINS-TUCKER MOTOR CO., INC. and INTERNATIONAL
UNION, UNITED Au oMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-6580.-Decided July 17, 194f3
Montgomery, Montgomery & Fenner, by Mr. Fontaine Martin, Jr.,
of New Orleans, La., for the Company.
Messrs. F. C. Pieper and Thomas A. Hendricks, both of New Or-
leans, La., for the C. 1. 0.
Messrs. Charles H. Poe and Bentley G. Byrnes, of New Orleans, La.,
for the I. A. M.
Mr. David V. Easton, 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, affiliated
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 Higgins-Tucker Motor Co.,
Inc., New Orleans, Louisiana, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before J. Michael Early, Trial Examiner. Said *hearing was
held at New Orleans, Louisiana, on June 22, 1943. The Company,
the C. I. 0., and International Association of Machinists, Crescent
City Lodge No. 37, herein called the I. A. M. appeared, participated,
and 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 hearings 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:
51 N. L. R. B., No. 79.
394
HIGGINS-TUCKER MOTOR CO., INC. 395
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Higgins-Tucker Motor Co., Inc., a Louisiana corporation with its
principal office and shop at New Orelans, Louisiana, is engaged in the
manufacture of marine engines and machine gun turrets for the War
Department, as subcontractor for Higgins-Industries, Inc. All articles
manufactured under these subcontracts are delivered to the War
Department at New Orleans, Louisiana. Some of the marine engines
already manufactured by the Company are earmarked for use on
boats manufactured for the War Department by Higgins-Industries,
Inc. The Company anticipates that all products manufactured under
these subcontracts will be used on boats manufactured for the War
Department by Higgins-Industries, Inc., or for some other branch of
the United States Government. The Company has no control over the
use to which its products will be put after they have been delivered to
and accepted by the War Department. However, more than 90 per-
cent of the materials, tools and equipment used in connection with the
manufacturing operations of the Company originate from points out-
side the State of Louisiana. We find that the Company is engaged in
commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
International Association of Machinists, Crescent City Lodge No.
37, is a labor organization admitting to membership employees of the
Company. '
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. commenced organizational activities among the em-
ployees of the Company in the early part of May 1943. Thereafter,
representatives of the C. 1. 0. and the Company met and discussed the
possibilities of collective bargaining. At that time the Company
advised the C. I. O. that it would be necessary to obtain a certification
by the Board before it would consent to any collective bargaining.
On June 3,11943, the C. 1. 0. filed a petition herein.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. and the I. A. M. each repre-
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sents 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 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
Both labor organizations agree, either with the consent of the Lom-
pany or without objection from it, that its production and maintenance
employees constitute an appropriate unit, and that the following
classifications of employees should be excluded therefrom : all em-
ployees engaged in the Administrative, Accounting, Engineering,
Personnel, Plant Protection, and Service Departments, executives,
plant superintendents, assistant plant superintendents, general fore-
men, foremen, assistant, foremen, the temporary construction crew
attached to the Maintenance Department, chief inspector and assistant
chief inspector, chief dynamometer and assistant chief dynamometer
test men, and office and clerical employees.
The following classifications of employees are in dispute:,
Trainees: The C. I. 0. would exclude these employees, whereas the
I. A: M. desires their inclusion; the Company takes no position, but
stated that it believed beginners should not be included within the
unit. The trainees are unskilled employees who are put through a
training course given by the Company which lasts approximately 6
weeks. Upon completion of this course they are placed in production
work. During the time in which they take the training course, ap-
proximately 30 percent of their working day is spent in class receiving
instructions, and the balance is spent in the shop observing the ma-
chinery and tools, and familiarizing themselves with the work. The
wages are substantially lower than those of the regular employees,
and the turn-over among them is quite large, many of them dropping
out of the course before completion thereof. We are of the opinion
that these employees, prior to the successful completion of the course,
are -in the• status of temporary employees, and that their interests are
not sufficiently akin to those of the regular' workers so as to' warrant
their inclusion. We shall therefore exclude them from the unit.
Apprentices: The Company employs in its Tool Room Depart-
ment several persons designated' as apprentices. These individuals
1 The Regional Director reported that the C. I. O. submitted 103 designation cards-con-
taining apparently genuine original signatures, of which 88 bore the names of persons
appearing upon the Company's,pay roll of June 3, 1943. He further reported that the
I.• A. M: submitted 38 designation cards, all of which contained apparently genuine original
signatures. Thirty of these cards bore names appearing on the above-mentioned pay roll.
As of the date of the hearing herein, the Company employed more than 300 persons in all
of its operations.
HIGGINS-TUCKER MOTOR CO., INC. 397
must complete a 4-year apprenticeship before being classified as either
operators or some other permanent designation. During this appren-
ticeship period they receive apprentices' wages which provide for
periodic advances. All parties would include these persons within
the unit, but differ with respect to the length of time spent in appren-
ticeship as a qualification for eligibility. The C. I. 0. contends that
only those persons who have served 6 months of their apprenticeship
should be included within the unit; the Company believes that a
3-month period is sufficient to establish the interest of these employees
so as to include them; and the I. A. M. contends that a 30-day appren-
ticeship ` should be sufficient to permit eligibility. Apprentices are
in a position different from that of trainees, and we customarily in-
clude them. At the completion of their 4-year training period they
are skilled operators. Under these circumstances, we are of the
opinion that the apprentices have a present interest in the working
conditions of the positions for which they are now preparing, and
constitute a sufficiently stable group so as to be included within a unit
which includes such positions. We shall, therefore, include all
apprentices.
Production clerks: Both labor organizations would include these
employees, whereas, the Company would exclude them on the ground
that they are clerical employees. The record indicates that these
employees may either be attached to various departments of the Com-
pany or to the main office, and that their work consists primarily of
the keeping of records, the checking of the flow of materials, and,
particularly in the motor assembly department, the recording of
motor numbers, production orders, and rejects. All records prepared
by these employees are destined for the use of the main office for pur-
poses of production control. The work of these employees being
primarily clerical in nature as well as administrative in purpose, we
shall exclude them.
Leadmen: All parties would include these employees within the
unit. However, the record indicates that they spend only between
30 and 50 percent of their time in manual work, and the balance in-
structing and supervising. They receive a higher salary than the
employees whom they supervise, and they have authority to recom-
mend to their immediate superiors with regard to the hire and dis-
charge of their subordinates. Under these circumstances, we shall
exclude leadmen. I
Inspectors: These employees for the most part are attached to the
Inspection Department. However, there are some inspectors attached
to'other departments of the Company. Their duties are those usual
to employees in this classification, consisting primarily of inspecting,
passing, or rejecting articles produced by the Company. All parties
398 DECISIONS OF NATIONAL LABOR . RELATIONS BOARD
would include inspectors within the unit . However , the record dis-
closes that inspectors have the power to make recommendations con-
cerning the employees to the foremen , assistant foremen , and leadmen,
and in, view of their power to thus effect conditions of employment of
the workers, we shall exclude them.
Porter and maid: These two employees are attached to the Main-
tenance Department. The C. I. O. would include them, whereas the
I. A. M. seeks to exclude them. There appears to be little reason for
excluding these employees from the unit since both. are in constant
association with the production and maintenance workers, and to
exclude them would be tantamount to depriving them of the right to
select a collective bargaining agent. We shall, therefore, include the
porter and maid within the unit.
In view of the foregoing, we find that all production and mainte-
nance employees of the Company, including apprentices, porters and
maids, but excluding all employees in the Administrative, Accounting,
Engineering, Service, and Personnel and Plant Protection Depart-
ments, executives, plant superintendents, assistant plant superintend-
ents, general foremen , foremen, assistant foremen ; leadmen, all
inspectors (including the chief inspector and assistant chief inspector),
the temporary construction crew attached to the Maintenance Depart-
ment , chief and assistant chief dynamometer test men, office and cleri-
cal employees (including production clerks), trainees, and any other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, 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 the em-
ployees 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
HIGGINS-TUCKER MOTOR CO., INC. 399
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Higgins-Tucker
Motor Co., Inc., New Orleans, Louisiana, 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 supervi-
sion of the Regional Director for the Fifteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit-or been discharged for cause, to
determine whether they desire to be represented by International
Union, United Automobile, Aircraft & Agricultural Implement Work-
ers of America, affiliated with the Congress of Industrial Organiza-
tions, or by International Association of Machinists, Crescent City
Lodge No. 37, for the purposes of collective bargaining, or by neither.
CHAIRMAN MI,Lis took no part in the consideration of the above
Decision and Direction of'Election.