International Harvester Co.

National Labor Relations Board - Board Decisions

May 22, 1941

32 N.L.R.B. 40 (N.L.R.B. 1941)

In the Matter of INTERNATIONAL HARVESTER COMPANY (MCCORMICIC
WORKS) and FEDERAL LABOR UNION No. 22604; AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
In the Matter of INTERNATIONAL HARVESTER COMPANY (MCCORMICK
WORKS) and PATTERN MAKERS LEAGUE OF NORTH AMERICA, CHICAGO
ASSOCIATION, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Cases Nos. R-2507 and R-0508.-Decided May 22, 1947
Jurisdiction : motor truck and agricultural equipment manufacturing industry.
Investigation and Certification of Representatives : existence of questions : Com-
pany denied requests of rival unions for recognition until such time as
Board determines the exclusive representative of the employees; employees
hired to replace employees who have been inducted into military or naval
training or service of the United States held eligible to vote; persons in the
employ of the Company for a period of 6 months or less held eligible to vote:
elections necessary.
Units Appropriate for Collective Bargaining : (1) production and maintenance
employees excluding salaried employees, supervisory employees on hourly
rates above the rank of working group leaders, factory clerical employees,
office clerical employees, indentured apprentices, progressive executive
students, fire and watch employees (except production and maintenance em-
ployees who act as volunteer firemen), temporary employees, pattern makers,
and pattern makers' apprentices; and (2) pattern makers and pattern
makers' apprentices : determination of, presently made, although ordinarily
an election would be directed before establishing them as a separate appro-
priate unit, since only the pattern makers' craft organization desires to appear
on the ballot in such election.
Mr. Jack G. Evans, for the Board.
Mr. Frank B. Schwarer, of Chicago, Ill., for the Company.
Mr. Joseph A. Padway, and Mr. Herbert S. Thatcher, of Washing-
ton, D. C., and Mr. Irving Brown, of Chicago, Ill., for Local 22604.
Mr. George Q. Lynch, of Washington, D. C., and Mr. Roy E. Rogers,
of Hammond, Ind., for the Pattern Makers.
Meyers cPc Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the F. E.
W. O. C.
Mr. Louis Cokin, of counsel to the Board.
32 N. L R. B, No. 6
40
INTERNATIONAL HARVESTER COMPANY 41
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On March 7 and 31, 1941, respectively, Federal Labor Union No.
22604, affiliated with the American Federation of Labor, herein called
Local 22604, and Pattern Makers League of North America, Chicago
Association, herein called the Pattern Makers, filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois) separate peti-
tions alleging that questions affecting commerce had arisen concern-
ing the representation of employees at the McCormick Works of Inter-
national Harvester Company, Chicago, Illinois, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On April 8, 1941, 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 Regulations-Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice, and, act-
ing pursuant to Article III, Section 10 (c) (2), of said Rules and
Regulations, ordered that the two cases be consolidated.
On April 15, 1941, the Regional Director issued a notice,of hearing
on the consolidated cases, copies of which were duly served upon the
Company, Local 22604, the Pattern Makers, and Farm Equipment
Workers Organizing Committee, herein called the F.E. W. O. C., a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on April
22 and 23; 1941, at Chicago, Illinois, and on April 28, 1941, at Daven-
port, Iowa, before R. N. Denham, the Trial Examiner duly designated
by the Chief Trial Examiner. The Board, the Company, Local 22604,
and the F. E. W. O. C. were represented by counsel, the Pattern Makers
by its representative; all participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to in-
troduce evidence bearing on the issues was afforded all parties. At
the close of the hearing, counsel for the F. E. W. O. C. moved to con-
solidate this proceeding with other proceedings involving the Com-
pany which are pending before the Board. The Trial Examiner re-
served ruling thereon. The motion is hereby denied. At the close of
the hearing, counsel for the Board moved to, conform the pleadings to
the proof adduced at the hearing. The Trial Examiner granted the
motion. During the course of the hearing the Trial Examiner made
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
several rulings on other motions and on objections to the admission of
evidence. The Board has reviewed all the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Pursuant to notice duly served upon all the parties, a hearing for
the purpose of oral argument was held before the Board on May 2,
1941, at Washington, D. C. Local 22604, the F. E. W. O. C., and the
Pattern Makers were represented and participated in the argument.
The Company did not appear at the argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
International Harvester Company is a New Jersey corporation
with its general offices at Chicago, Illinois. The Company is en-
gaged in the design, manufacture, assembly, repair, sale, and distri-
bution of motor trucks, farm tractors, industrial tractors, tillage
implements, planting and seeding machines, hoeing machines, and
other farm equipment and kindred items and supplies. It operates
plants in the States of Illinois, Wisconsin, Indiana, Ohio, New York,
Tennessee, and California. This proceeding is concerned solely with
its McCormick Works located at Chicago, Illinois. The Company
uses large quantities of raw materials in its manufacturing opera-
tions at the McCormick Works, a very substantial amount of which
are shipped to the McCormick Works from points outside the State
of Illinois. During 1940 the Company manufactured products at its
McCormick Works valued at about $25,000,000, a very substantial
percentage of which represented shipments made by the Company to
points outside the State of Illinois. The Company employs approxi-
mately 6,400 employees at the McCormick Works.
II. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, Chicago Association, is
a labor organization affiliated with the American Federation of
Labor. It admits to membership employees at the McCormick Works
of the Company.
Federal Labor Union No. 22604 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees at the McCormick Works• of the Company.
Farm Equipment Workers Organizing Committee is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
It admits to membership employees at the McCormick Works of the
Company.
INTERNATIONAL HARVESTER COMPANY 43
III. THE QUESTIONSi CONCERNING REPRESENTATION
The Pattern Makers, Local 22604, and the F. E. W. O. C. have
each requested the Company to be recognized as exclusive representa-
tive of certain employees at the McCormick Works. The Company
has denied all of these requests until such time as the Board deter-
mines the exclusive representative of the employees. A statement of
the Regional Director, introduced in evidence at the hearing, shows
that the Pattern Makers, Local 22604, and the F. E. W. O. C. each
represent a substantial number of employees in the unit alleged by
each to be appropriate.,
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substan-
tial relation to trade, traffic, and commerce among the several States
and tend to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Company, the F. E. W. O. C., and Local 22604 agreed at the
hearing that all production and maintenance employees at the
McCormick Works of the Company, excluding salaried employees,
supervisory employees on hourly rates above the rank of working
group leaders, factory clerical employees, office clerical employees,
indentured apprentices, progressive executive students, fire and watch
employees (except production and maintenance employees who act
as volunteer firemen), and temporary employees, constitute a unit
appropriate for the purposes of collective bargaining. They further
agreed that the pattern makers and pattern makers' apprentices
should be included in such unit unless they are found by the Board
to constitute a separate unit.
1 The Regional Director reported that 47 employees, whose names appear on the Com.
pany's pay roll of March 10 , 1941, have signed membership application cards in the Pattern
Makers There are 102 employees on this pay roll who are in the unit alleged to be appro
priate by the Pattern Makers The Regional Director further reported that 1,630 em-
ployees, whose names appear on the Company' s pay roll of March 10, 1941, have signed
membership application cards in Local 22604, and that 2, 199 employees on this pay roll
have signed membership application cards in the F. E W. O. C. There are 5 , 858 employees
on the March 10, 1941, pay roll who are in the unit alleged to be appropriate by Local
22601 and the F. E. W O. C
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Pattern Makers urges that all pattern makers and pattern
makers' apprentices at the McCormick Works of the Company consti-
tute an appropriate unit. Local 22604 stated that it had no objection
to this unit. The F. E. W. 0. C. stated that the question of whether or
not the pattern makers and pattern makers' apprentices constitute a
separate unit was one for the Board, but that in the event the Board
found them to constitute a separate appropriate unit it did not desire
to appear on the ballot in an election among such employees. The pat-
tern makers work in a separate department of the plant and their
work is of a highly skilled nature, requiring a lengthy apprenticeship.
Although we would ordinarily direct a separate election among the
pattern makers before establishing them as a separate appropriate unit,
since only the Pattern Makers desires to appear on the ballot in such
an election, we shall make our determination as to the unit at this time.
We find that all pattern makers and pattern makers' apprentices at
the McCormick Works of the Company constitute a unit appropriate
for the purposes of collective bargaining and that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
We find that all production and maintenance employees at the Mc-
Cormick Works of the Company, excluding salaried employees, super-
visory employees on hourly rates above the rank of working group
leaders, factory clerical employees, office clerical employees, indentured
apprentices, progressive executive students, fire and watch employees
• (except production and maintenance employees who act as volunteer
firemen), temporary employees, pattern makers, and pattern makers'
apprentices, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by elections by secret ballot. The F. E.
W. 0. C. stated that in the event the Board directs an election, it
desires that a pay roll prior to January 29, 1941, be used to determine
eligibility to vote 2 Local 22604 and the Company stated that,they
desire that the pay roll immediately preceding the date of the election
be used for this purpose. It appears that the number of employees
2 The F. E. W: O . C. stated in support of this request that on January 29, 1941 , a strike
was called at another plant of the Company and because of a threat that it would spread
to the McCormick Works, the Company padded its pay roll at the McCormick works.
INTERNATIONAL -HARVESTER COMPANY, . , , 45
employed by the Company is constantly increasing due to an increase
in orders because of the national defense program. In accordance
with our usual procedure, we shall direct that the ,employees eligible
to vote in the respective elections shall be those in the respective ap-
propriate units whose names appear on the Company's pay roll for the
period immediately preceding the date of our Direction of Elections
herein, subject to such limitations and additions as are set forth in the
Direction.
The F. E. W. 0. C. urges that employees who have been in the em-
ploy of the Company for a period of 6 months or less at the time of the
election should be deemed ineligible to vote. In support of its
contention it states that such employees are temporary. The record
discloses that all employees are hired by the Company on a permanent
basis and receive the same salary as employees who have been in the
employ of the Company for more than 6 months. A representative of
the Company testified that it takes between 3 and 6 months for the
Company to find out whether a new employee's work will justify his
retention on the pay roll. We find that such employees should vote
in the elections.
The F. E. W: 0. C. contends that employees hired to replace
employees who have been inducted into the military or naval train-
ing or service of the United States should be declared ineligible to
vote on the ground that they are temporary employees. Local 22604
desires that these employees vote, stating in support of its contention
that these employees have prospects of being employed for at least
1 year. The Company stated that it classifies such employees as tem-
porary so that in the future, it will be in a position to comply with
the requirements of the Selective Service Act with respect to 'the
reemployment of the men who are inducted into the active military
service or training of the United States. It appears that these em-
ployees work under the same conditions as all other employees of
the Company and have prospects of at least 1 year's employment
with the Company. We find that they should vote in the elections.
The F. E. W. 0. C. stated that it desires that the elections be held
off the premises of the Company before or after working hours.
Local 22604 and the Company urge that the elections be held on
company property during working hours. We shall leave the issues
thus raised by the conflicting claims of the F. E. W. 0. C. and Local
22604 to the determination of the Regional Director after consultation
with the parties.
The F. E. W. 0. C. requests that no election be held in this case
in less than 60 or more than 90 days from the date of the Decision
herein because of the unsettled conditions arising from the effects of
unfair labor practices on the part of the Company which have not
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
been dissipated,3 the hiring of many new employees, and the exist-
ence of a strike at the plant involved herein in February 1941. In
accordance with our usual practice we shall direct that the elections
in this case be held as soon as possible, but not later than thirty (30)
days from the date of the Direction.
The F. E. W. O. C. requests that the election in this case be held
on the same date as the elections in five other cases before the Board
involving the Company' We shall leave the determination of the
date on which each of the elections shall be held to the discretion
of the Regional Directors involved, subject to the 30-day limitation
set out above. However, we hereby direct that none of the ballots
in any of the elections be opened and tabulated until after the
completion of all the elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees at the McCormick Works of International
Harvester Company, Chicago, Illinois, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All pattern makers and pattern makers' apprentices at the
McCormick Works of the Company constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
3. All production and maintenance employees at the McCormick
Works of the Company, excluding salaried employees, supervisory
employees on hourly rates above the rank of working group leaders,
factory clerical employees, office clerical employees, indentured
apprentices, progressive executive students, fire and watch employees
(except production and maintenance employees who act as volunteer
firemen), temporary employees, pattern makers, and pattern makers'
apprentices, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
3 On February 8, 1941, the Board issued a Decision and Order finding that the Company
had committed unfair labor practices within the meaning of the Act Thereafter the
Regional Director notified the Board that the Company had complied with the Order.
4 These cases involve the Rock Falls Works, East Moline Works, Milwaukee Works,
West Pullman Works, and Farmall Works of the Company.
INTERNATIONAL HARVESTER COMPANY 47
tions Act, 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with International Harvester Company, Chicago, Illinois, elections
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 direc-
tion and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to. Article III, Section 9, of said Rules and
Regulations :
1. Among all pattern makers and pattern makers' apprentices at
the McCormick Works of the Company 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 ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but exclud-
ing employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Pattern
Makers League of North America, Chicago Association, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining; and
2. Among all production and maintenance employees at the McCor-
mick Works of the Company 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 ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding sala-
ried employees, supervisory employees on hourly rates above the rank
of working group leaders, factory clerical employees, office clerical
employees, indentured apprentices, progressive executive students, fire
and watch employees (except production and maintenance employees
who act as volunteer firemen), temporary employees, pattern makers,
pattern makers' apprentices, and employees who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Federal Labor Union No. 22604, affiliated with the
American Federation of Labor, or by Farm Equipment Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or by
I either.
MR. EDwiN S. SMITH, dissenting in part :
I see no justification for setting up the employees urged by the
Pattern Makers in a separate appropriate bargaining unit. They
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
constitute employees in one of many departments in an integrated
plant and there is a complete absence of any bargaining history, be-
tween the Pattern Makers and the Company on behalf of these em-
ployees. I think the reasons expressed in my dissenting opinions in
the Allis-Chalmers 5 and subsequent cases are here applicable, and
under these circumstances I consider that the pattern makers and
pattern makers' apprentices should be included in the industrial) unit.
On May 7, 1941, the Board affirmed the Regional Director's action
in refusing to issue a complaint charging the Company with, having
engaged in-unfair labor practices at the McCormick Works. I dis-
sented from the Board's action in this respect because I was of the
opinion that, upon the evidence presented to the Board, .a complaint
should have been issued. In an analogous situation,6 I dissented from
the Board's direction ordering an election, stating that I believed
that no election should be held since the complaint had not been issued,
tried, and finally disposed of by the Board. However, the special
considerations which moved me to, dissent in that case are not here
present, and since my view with respect to the desirability of issuing
a complaint has been overruled by a majority of the Board I concur
in the Direction of Election providing for an election among the pro-
duction and maintenance employees to be held within thirty (30) days.
s Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 2j8, 4 N L. R. B 159, 175.
°Matter of The Red River Lumber Company , a corporation and Lumber and Sawmill
Workers Local Union No 53, International Woodworkers of America, 31 N L. R. B. 10.