International Harvester Co.

National Labor Relations Board - Board Decisions

May 22, 1941

32 N.L.R.B. 16 (N.L.R.B. 1941)

In the Matter Of INTERNATIONAL HARVESTER COMPANY (MILWAUKEE
WORKS) and FEDERAL LABOR UNION No. 22631, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R--504.Decided May 22, 1941
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 stud-
ents, fire and watch employees (except production and maintenance employees
who net 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 appropriate unit,
since only the pattern makers' craft organization desires to appear on the
ballot in such election.
Mr. Frederick P. Mett and 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. David Beznor and Mr. David Sigman, of Mil-
waukee, Wis., for Local 22631.
Mr. George Q. Lynch, of Washington, D.. C., and Mr. Roy E.
Rogers, of Hammond, Ind., for the Pattern Makers.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
F. E. W. O. C.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On March 19 and April 18, 1941, respectively, Federal Labor
Union No. 22631, affiliated with the American Federation of Labor,
32 N. L. R. B., No. 3.
16
INTERNATIONAL HARVESTER COMPANY 17
herein called Local 22631, filed with the Regional Director for the
Twelfth Region (Milwaukee , Wisconsin ) a petition and an amended
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees at the Milwaukee Works of
International Harvester Company , Milwaukee , Wisconsin , herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On April 16,
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.
On April 18, 1941 , the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and Local
22631 , and upon Local 102, Farm Equipment Workers Organizing
Committee , herein called the F . E. W. O. C., and Pattern Makers
League of North America, Milwaukee Association , herein called
the Pattern Makers, labor organizations claiming to represent em-
ployees directly affected by the investigation . Pursuant to notice,
a hearing was held on April 24, 1941 , at Milwaukee , Wisconsin, and
on April 28, 1941 , at Davenport , Iowa, before R. N. Denham, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Board, the Company, Local 22631, and the F. E . W. O. C. were
represented by counsel , the Pattern Makers by its representatives, all
participated in the hearing . At the commencement of the hearing,
the Trial Examiner granted motions to intervene filed by the F. E.
W. O. C. and the Pattern Makers. Full opportunity to be heard,
to examine and cross -examine witnesses , and to introduce 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 consolidate this
proceeding with other proceedings involving the Company which are
pending before the Board . The Trial Examiner reserved ruling
thereon. The motion is hereby denied. At the close of the hear-
ing, 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
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,
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1941, at Washington, D. C. Local 22631, the F. E. W. O. C., and
the Pattern Makers were represented and participated in the argu-
ment. 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 Milwaukee Works located at Milwaukee, Wisconsin. The Com-
pany uses large quantities of raw materials in its manufacturing
operations at the Milwaukee Works, a very substantial amount of
which are shipped to the Milwaukee Works from points outside the
State of Wisconsin. During 1940 the Company manufactured prod-
ucts at its Milwaukee Works valued at about $17,000,000, a very sub-
stantial percentage of which represented shipments made by_ the
Company to points outside the State of Wisconsin. The Company
employs approximately 3,700 employees at the Milwaukee Works.
H. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, Milwaukee Association,
is a labor organization affiliated with the American Federation of
Labor . It admits to membership employees at the Milwaukee Works
of the Company.
Federal Labor Union No. 22631 is a labor organization affiliated
with the American Federation of Labor . It admits to membership
employees at the Milwaukee Works of the Company.
Local 102, Farm Equipment Workers Organizing Committee, is
a labor organization affiliated with the Congress of Industrial Or-
ganizations . It admits to membership employees at the Milwaukee
Works of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Pattern Makers, Local 22631, and the F. E. W. O. C. have
each requested the Company to be recognized as exclusive representa-
tive of certain employees at the Milwaukee Works. The Company
has denied all of these requests until such time as the Board deter-
INTERNATIONAL HARVESTER COMPANY 19
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 22631, 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 substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Company, the F. E. W. O. C., and Local 22631 agreed at
the hearing that all production and maintenance employees at the
Milwaukee 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 ap-
propriate 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. -
The Pattern Makers urges that all pattern makers and pattern
makers' apprentices at the Milwaukee Works of the Company con-
stitute an appropriate unit. At the hearing and at the oral argument
before the Board Local 22631 stated that it desired to appear on the
ballot if a separate election was to be held among the pattern makers
and pattern makers' apprentices. On May 2, 1941, the general coun-
I The Regional Director reported that 11 employees, whose names appear on the Com-
pany's pay roll of April 8, 1941, have paid dues during 1941 to the Pattern Makers There
are approximately 60 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 1,259 employees,
whose names appear on the Company s pay roll of April 8, 1941, have signed membership
application cards in Local 22631, and that 548 employees on this pay roll have signed
membership application cards in the F. E. W . 0 C There are approximately 3,300 em-
ployees on the April 8, 1941, pay roll who are in the unit alleged to be appropriate by
Local 22631 and the F. E . W. O. C.
448692-42-vol 32--3
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sel of the American Federation of Labor notified the Board that
Local 22631 was withdrawing this request.2
The F. E. W. 0. C. stated that the question of whether or not the
pattern makers and pattern makers' apprentices constitute a separ-
ate unit was one for the Board, but that in the event the Board
found them to constitute a separate appropriate unit it did not de-
sire to appear on the ballot in an election among such employees.
The pattern makers work in a separate department of the plant and
their work is of a highly skilled nature, requiring a lengthy appren-
ticeship. 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 Milwaukee Works of the Company constitute a unit appropriate
for the purposes of collective bargaining and that said unit will in-
sure 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 in the Mil-
waukee 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, inden-
tured apprentices, progressive executive students, fire and watch em-
ployees (except production and maintenance employees who act as
volunteer firemen), temporary employees, pattern makers and pat-
tern makers' apprentices, constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to em-
ployees of the Company the full benefit of their right to self-organ-
ization 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 the pay roll prior to Local 22631's petition, dated March
19, 1941, be used to determine eligibility to vote. Local 22631 and
the Company stated that they desire that the pay roll immediately
preceding the date of the election be used for this purpose. It ap-
2 He notified the Board of the withdrawal by telegram. The telegram is hereby incor-
porated in and made a part of the record in this proceeding
INTERNATIONAL HARVESTER COMPANY 21
pears that the number of employees 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 appropriate 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
employ 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 em-
ployees who have been inducted into the military or naval training
or service of the United States should be declared ineligible to vote
on the ground that they are temporary employees. Local 22631
desires that these employees vote, stating in support of its contention
that these employees have prospects of being employed for at least
one year. The Company stated that it classifies such employees as
temporary 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 22631 and the Company urge that the elections be held on com-
pany property during working hours. We shall leave the issues
thus raised by the conflicting claims of the F. E. W. 0. C. and Local
22631 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 been
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dissipated 3 and the hiring of many new employees. 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.4 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 Milwaukee Works of International Har-
vester Company, Milwaukee, Wisconsin, 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 Mil-
waukee 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 Milwaukee
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 appren-
tices, progressive executive students, fire and watch employees (except
production and maintenance employees who act as volunteer firemen),
temporary employees, pattern makers, and pattern makers' appren-
tices constitute a unit appropriate for the purposes of collective bar-
gaining, 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 Relations Act,
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 McCormick Works, Rock Falls Works , East Moline Works, West
Pullman Works , and Farmall Works of the Company.
INTERNATIONAL HARVESTER COMPANY 23
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, Milwaukee, Wisconsin, elec-
tions 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 Twelfth
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 :
1. Among all pattern makers and pattern makers' apprentices at the
Milwaukee Works of the Company who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during such pay-roll period be-
cause they were ill or on vacation or in the active military service or
training of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Pattern Makers
League of North America, Milwaukee Association, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining; and
2. Among all production and maintenance employees at the Mil-
waukee Works of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing 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 sal-
aried 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 rep-
resented by Federal Labor Union No. 22631, affiliated with the Amer-
ican Federation of Labor, or by Local 202, Farm Equipment Workers
Organizing 'Committee, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or -by neither.
MR. EDWIN S. SMITH, dissenting in part :
I see no justification for setting up the employees urged by the Pat-
tern Makers in a separate appropriate bargaining unit. They consti-
24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'tute employees in one of many departments in an integrated plant and
there is a complete absence of any bargaining history between the
Pattern Makers and the Company on behalf of these employees. 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.
5 Matter of Allis -Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248, 4 N L R. B 159, 175.