International Harvester Co.

National Labor Relations Board - Board Decisions

May 22, 1941

32 N.L.R.B. 33 (N.L.R.B. 1941)

In the Matter Of INTERNATIONAL HARVESTER COMPANY (ROCK FALLS
WORKS) and FEDERAL LABOR UNION No. 22647, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. R4506.-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 : production and maintenance em-
ployees, 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.
Mr. Jack G. Evans, for the Board.
Mr. Frank B. Scitwarer, of Chicago, Ill., for the Company.
Mr. Joseph A. Padway and Mr. Herbert S. Thatcher, of Washing-
ton, D. C., Mr. Henry A. McFarland and Mr. John J. Lorden, of
Rock Island, Ill., Mr. Harry E. O'Reilly, of Chicago, Ill., and Mr.
C. H. Farrington, of-Rock Falls, Ill., for Local 22647.
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 ELECTION
STATEMENT OF THE CASE
On March 15, 1941, American Federation of Labor, on behalf
of Federal Labor Union No. 22647, affiliated with the American
Federation of Labor, herein called Local,22647, filed with the Re-
gional Director for the Thirteenth Region (Chicago, Illinois) a peti-
32 N. L. R. B , No. 5.
33
34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees at the Rock Falls Works of
International Harvester Company, Rock Falls, Illinois, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions 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.
On April 17, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, Local 22647,
and Local 111, 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 25 and 28, 1941, at Davenport,
Iowa, and on April 29, 1941, at Chicago, Illinois, before R. N.
Denham, the Trial Examiner duly designated by the Chief Trial
Examiner. The Board, the Company, Local 22647, and the F. E.
W. O. C. were represented by counsel and participated, in- the
hearing. At the commencement of the hearing the Trial Examiner
granted a motion of Local 22647 to amend the petition to state cor-
rectly its title. 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 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
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 22647 and the F. E. W. O. C.
were represented by counsel and participated in the argument. The'
Company did not appear at the argument.
INTERNATIONAL HARVESTER COMPANY 35
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 dis-
tribution 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 Rock Falls Works located at Rock Falls, Illinois. The Company
uses large quantities of raw materials in its manufacturing operations
at the Rock Falls Works, a very substantial amount of which are
shipped to the Rock Falls Works from points outside the State of
Illinois. During,1940 the Company manufactured products at its
Rock Falls Works valued at about $2,000,000, a very substantial
percentage of which represented shipments made by the Company to
points outside the State of Illinois. The Company employs approxi-
mately 250 employees at the Rock Falls Works.
IT. THE ORGANIZATIONS INVOL17ED
Federal Labor Union No. 22647 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees at the Rock Falls Works of the Company.
Local 111, Farm Equipment Workers Organizing Committee, is
a labor organization affiliated with the Congress of Industrial Or-
ganizations. It admits to membership employees at the Rock Falls
Works of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Local 22647 and the F. E. W. O. C. have each requested the Com-
pany to be recognized as exclusive representative of certain employees
at the Rock Falls Works. The Company has denied these requests
until such time as the Board determines the exclusive representative
of the employees. A statement of the Regional Director, introduced
in evidence at the bearing, shows that Local 22647 and the F. E. W.
O. C. each represent a substantial number of employees in the unit
alleged by each to be appropriate.'
'The Regional Director reported that 104 employees, whose names appear on the Com-
pany's pay roll of January 20, 1941, have signed membership application cards in Local
22647 and that 150 employees on this pay roll have signed membership application cards
in the F. E. W. O . C. There are 235 employees on the January 20, 1941, pay roll who are
in the unit alleged to be appropriate by Local 22647 and the F. E W. O. C.
448692-42-vol 32-4
36 DECISIONS OF` NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the F. E. W. 0. C., and Local 22647 agreed at the
hearing that all production and maintenance employees at the Rock
Falls Works of the Company, excluding salaried employees, super-
isory 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
employees (except production and maintenance employees who act as
volunteer firemen), and temporary employees, constitute a unit appro-
priate for the purposes of collective bargaining. The only contro-
versy concerning the unit concerns the status of John Birt.
• John Birt is classified by the Company as a steamfitter or plumber.
In addition to his regular duties he performs part-time watch service.
The F. E. W. 0. C. seeks to exclude him from the unit on the ground
that as * a watch employee he is in a confidential relationship with
the Company. It appears that Birt spends about 4 days a month on
watch duties and the remainder of the time performs his regular
work of plumber. He continues on his regular hourly rate of pay
when he acts as a part-time watch employee. We find that he should
be included in the unit as a production employee.
We find that all production and maintenance employees at the Rock
Falls 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), and temporary employees, constitute a unit appro-
priate 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 effec-
tuate the policies of the Act.
INTERNATIONAL HARVESTER COMPANY
VI. THE DETERMINATION OF REPRESENTATIVES
37
We find that the question concerning representation which has
arisen 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 January 20, 1941, be used to deter-
mine eligibility to vote. Local 22647 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
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 election.
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 22649
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
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 mil-
itary service or training of the United States. It appears that these
employees 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 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 22647 and the Company urge that the election be held on
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
22647 to the determination of the Regional Director after consul-
tation 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 '2 the hiring of many new employees, and the existence
of a strike at the plant involved herein in January 1941. In accord-
ance with our usual practice we shall direct that the election 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 in-
volving 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 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. A question affecting commerce has arisen concerning the repre-
sentation of employees at the Rock Falls Works of International Har-
vester Company, Rock Falls, Illinois, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees at the Rock Falls
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),
and temporary employees, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b) of
the National Labor Relations Act.
2 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, East Moline Works , Milwaukee Works, West
Pullman Works, and Farmall Works of the Company.
INTERNATIONAL HARVESTER COMPANY
DIRECTION OF ELECTION
39
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,
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, Rock Falls, 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, Section 9, of said Rules and Regu-
lations, among all production and maintenance employees at the Rock
Falls 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 excluding salaried
employees, supervisory employees on hourly rates above the rank of
working group leaders, factory clerical employees, office clerical em-
ployees, indentured apprentices, progressive executive students, fire
,and watch employees (except production and maintenance employees
who act as volunteer firemen), temporary employees, and employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by Federal Labor Union No. 22647,
affiliated with the American Federation of Labor, or by Local 111,
Farm Equipment Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.