International Harvester Co.

National Labor Relations Board - Board Decisions

May 22, 1941

32 N.L.R.B. 58 (N.L.R.B. 1941)

In the Matter Of INTERNATIONAL HARVESTER COMPANY (EAST MOLINE
WORKS) and PATTERN MAKERS LEAGUE OF NORTH AMERICA AND
PATTERN MAKERS ASSOCIATION OF QUAD CITIES & VICINITY (A. F.
of L.)
In the Matter of INTERNATIONAL HARVESTER COMPANY (EAST MOLINE
WORKS) and FARM EQUIPMENT WORKERS ORGANIZATION COMMITTEE
(LOCAL 104, UNITED FARM EQUIPMENT WORKERS OF AMERICA)
AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
In the Matter of INTERNATIONAL HARVESTER COMPANY (EAST MOLINE
WORKS) and FEDERAL LABOR UNION No. 22634, AFFILIATED WITH
'I HE AMERICAN FEDERATION OF LABOR
Cases Nos. R-2501 to R-2503 incltcsive-Decided May .,2, 10.111
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; election
necessary as to employes in the industrial unit; election unnecessary among
pattern makers where all parties stipulated that all pattern makers are
members of the craft union.
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 stu-
dents, fire and watch employees (except production and maintenance employees
who act as volunteer firemen), temporary employees, pattern makers; and
(2) pattern makers: 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 Wash-
ington, D. C., Mr. Henry A. McFarland and 1l1r. John J. Lordev.,
of Rock Island, Ill., and M. Harm E. O'Reilly, of Chicago, Ill.,
for Local 22634.
32 N. L . R. B., No. 8.
58
INTERNATIONAL HARVESTER COMPANY 59
Mr. George Q. Lynch, of Washington, D. C., and Mr. Roy F.
Rogers, of Hammond, Ind., for the Pattern Makers.
Meyers c6 Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
F. E. W. O. C.
Mr. Louis Cokin, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASTS
On September 16, 1940, February 19, 1941, and April 2, 1941, respec-
tively, Pattern Makers League of North America, Quad Cities Asso-
ciation, herein called the Pattern Makers, Local 104, Farm Equipment
Workers Organizing Committee, herein called the F. E. W. O. C., and
Federal Labor Union No. 22634, affiliated with the American Federa-
tion of Labor, herein called Local 22634, 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 East Moline Works of
International Harvester Company, East Moline, Illinois, 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 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, acting pursuant to Article III, Section 10 (c)
(2), of said Rules and Regulations, ordered that the three cases be
consolidated.
On April 17, 1941, the Regional Director issued a notice of hearing
on the consolidated cases, copies of which were duly served upon
the Company, Local 22634, the F. E. W. O. C., and the Pattern
Makers. Pursuant to notice, a hearing was held on April 26, 28,
and 29, 1941, at Davenport, Iowa, before R. N. Denham, the Trial
Examiner duly designated by the Chief Trial Examiner. The
Board, the Company, Local 22634, and the F. E. W. O. C. were
represented by counsel, the Pattern Makers by its representative;
60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
all participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner granted a motion of the F. E. W. O. C.
to amend its petition to exclude reference to a labor organization
named therein. At the close of the hearing, counsel for the F. E.
W. O. C. moved to consolidate this proceeding with other proceed-
ings 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 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 several rulings on other motions
and on objections to the admission of evidence. The Board has re-
viewed all the rulings of the Trial Examiner and finds that no preju-
dicial 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 22634, 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
1. 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 distribu-
tion 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 East Moline Works located at East Moline, Illinois. The Com-
pany uses large quantities of raw materials in its manufacturing
operations at the East Moline Works, a very substantial amount of
which are shipped to the East Moline Works from points outside the
State of Illinois. During 1940 the Company manufactured products
at its East Moline Works valued at about $9,000,000, a very sub-
stantial percentage of which represented shipments made by the Com-
pany to points outside the State of Illinois. The Company employs
approximately 2000 employees at the East Moline Works.
INTERNATIONAL HARVESTER COMPANY
II. THE ORGANIZATIONS INVOLVED
61
Pattern Makers League of North America, Quad Cities Associa-
tion, is a labor organization affiliated with the American Federation
of , ^ Labor. 'It admits to membership employees at the East Moline
Works of the Company.
Federal Labor' Union No. 22634 is a labor organization affiliated
with the American Federation of Labor. It admits to, membership
employees at the East Moline Works of the Company.
Local 104, Farm Equipment Workers Organizing Committee, is a
labor organization affiliated with the Congress of Industrial Organi-
zations. It admits to membership employees at the East Moline
Works of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Pattern Makers, Local 22634, and the F. E. W. O. C. have
each requested the Company to be recognized as exclusive representa-
tive'of certain employees at the East Moline 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 22634, 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 TIIE 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.
1 The Regional Director reported that 2 employees , whose names appear on the Com-
pany 's pay roll of February 15, 1941, have signed membership application cards in the
Pattern Makers. There are 2 employees on this pay roll who are in the unit alleged to
be appropriate by the Pattern Makers. The Regional Director further reported that
331 employees , whose names appear on the - Company ' s pay roll of February 15, 1941,
have signed membership application cards , in Local 22634 , and that 582 employees on this
pay roll have signed membership application cards in the F. E. W. O. C. There are 1,303
employees on the February 15, 1941, pay roll Ntiho are in the unit alleged to be appropriate
by Local 22634 and the F. E. W. 0 C.
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
The Company, the F. E. W. 0. C., and Local 22634 agreed at
the hearing that all production and maintenance employees at the
East Moline 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 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 at the East
Moline Works of the Company constitute an appropriate unit.
Local 22634 and the Company 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 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 pattern makers work in
a separate department of the plant and their work is of a highly
skilled nature, requiring a lengthy apprenticeship. It appears that
all of the pattern makers involved herein are members of the Pat-
tern Makers. Although we would ordinarily direct a separate elec-
tion 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 at the East Moline Works of the
Company constitute a unit appropriate for, the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
We find that all production and maintenance employees at the
East Moline 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, and pattern makers, con-
stitute 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.
INTERNATIONAL HARVESTER COMPANY 63
VI. THE DETERMINATION OF REPRESENTATIVES
The Pattern Makers seek to be certified on the basis of the record.
It appears that there are two pattern makers employed at the East
Moline Works of the Company and all the parties stipulated at the
hearing that both of them are members of the Pattern Makers.
We find that the Pattern Makers has been designated and selected
by a majority of the pattern makers at the East Moline Works of
the Company as their representative for the purposes of collective
bargaining . It is, therefore, the exclusive representative of all such
employees for the purposes of collective bargaining , and we will so
certify.
We find that the question concerning representation which has
arisen among the employees in the industrial unit can best be resolved
by an election 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 its petition dated February 19, 1941 , be used to determine
eligibility to vote. Local 22634 stated that it desires that the pay
roll immediately preceding the date of the election be used for this
purpose. It appears 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 election shall be those in the appropriate unit whose names
appear on the Company 's pay roll for the period immediately pre-
ceding the date of our Direction of Election 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 rec-
ord 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 rep-
resentative 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 employ-
ees should vote in the election.
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 22634
desires that these employees vote, stating in support of its conten-
tion that these employees have prospects of being employed for at
64 DECISIONS OF 'NATIONAL ' LABOR RELATIONS 'BOARD
least 1 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 mili-
tary service or training of the United States. It appears that these
employees ofem otherployees work under the same conditions as all
the Company. and have prospects of at least ' 1 year's employment
with the Company. , We. find that they should vote in the election.
The F. E. W., 0. C. stated that it desires that the, election be held
off the premises of the Company before or after working hours.
Local 22634 and the Company urge that the election be held on
company property during working hours. We shall leave the issues
thus raised by the, conflicting claims of the F. E. W. Q. C. and Local
22634 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' dissipated; the hiring of many new 'employees, and the
existence of a strike at the plant involved herein in January 1941.
In accordance with our usual. practice we shall direct that the elec-
tion 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. 0. 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.3 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 comple-
tion 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 :
CoNCLrsIONs OF LAW
1. Questions affecting commerce have arisen concerning the rep-
resentation of employees at the East Moline Works of International
Harvester Company,' East Moline, Illinois, within the meaning, of
s 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.
3 These cases involve the McCormick Works, Rock Falls Works, Milwaukee Works, West
Pullman Works , and Farmall Works of the Company: '
.
' ' ' '
INTERNATIONAL HARVESTER . COMPANY 65
Section 9 (c) and Section.2 ; (6) and (7) of the National Labor
Relations-Act.
2:: ,All pattern, makers at the East Moline Works of the Company
constitute a unit ' appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National-Labor
Relations Act. i s
3. All, production and maintenance employees at, the East Moline
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 ap-
prentices, progressive executive students, fire and watch employees
(except production and maintenance employees who act as volunteer
firemen, temporary employees, and pattern makers;' constitute a: unit
appropriate for, the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
4. Pattern Makers League of North America; Quad Cities Associa-
tion,, affiliated with the American Federation of Labor, is the ex-
clusive representative of all the employees in the unit designated in
paragraph 2 above, for the purposes of collective bargaining, within
the meaning of Section 9 (a) of the National Labor 'Relations Act.
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 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, East Moline, 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
he Thirteenth 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, among all production and maintenance em-
ployees at the East Moline Works of the Company 'who were em-
ployed 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 excluding salaried employees, supervisory employees on hourly
rates above the rank of working group leaders, factory clerical em-
ployees, office clerical employees, indentured apprentices, progressive
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
executive students, fire and watch employees (except production and
maintenance employees who act as volunteer firemen), temporary
employees, pattern makers, and employees who have since quit or
-been discharged for cause to determine whether they desire to be
represented by Federal Labor Union No. 22634, affiliated with the
American Federation of Labor, or by Local 104, Farm Equipment
Workers Organizing Committee, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining,
or by neither.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that Pattern Makers League of North
America, Quad Cities Association, affiliated with the American Fed-
eration of Labor, has been designated and selected by a, majority of
all pattern makers at the East Moline Works of International Har-
vester Company, East Moline, Illinois, as their representative for
the purposes of collective bargaining, and that, pursuant to the pro-
vision of Section 9 (a) of the Act, Pattern Makers League of North
America, Quad Cities Association, affiliated with the American Fed-
eration of Labor, 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.
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
constitute 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 Albis-Chaanbers 4 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.
4 Matter of Allis -Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 2118, 4 N. L. R. B 159, 175.