International Harvester Co.

National Labor Relations Board - Board Decisions

Jul 15, 1941

33 N.L.R.B. 457 (N.L.R.B. 1941)

In the Matter Of INTERNATIONAL HARVESTER COMPANY, DAVENPORT,
IOWA TRUCK BRANCH and INTERNATIONAL ASSOCIATION OF MACHIN-
ISTS, LOCAL UNION No. 388, AFFILIATED WITH THE A. F. OF L.
Case No. R4700.-Decided July 15, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Robert R. Rissman and Mr. Clyde F. Waers, for the Board.
Mr. C. E. Cheney, of Davenport, Iowa, and Mr. R. A. Robinson,
of Chicago, Ill., for the Company.
Mr. Earl P. Hogan, of Rock Island, Ill., for the Union.
Miss Marcia Hertzirnark, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 28, 1941, International Association of Machinists, Local
Union No. 388, herein called the Union, filed with the Regional
Director for the Eighteenth Region (Minneapolis, Minnesota) a
petition, and on June 13, 1941, an amended petition, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of International Harvester Company, Davenport,
Iowa Truck Branch, herein called the Company, engaged in the sale
and service of motor trucks and the sale of motor-truck parts at
Davenport, Iowa, 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 June 13, 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 June 11, 1941, the Company, the Union, the Regional
Director, and a field examiner for the Board entered into a "STIPU-
LATION FOR CERTIFICATION UPON CONSENT ELEC-
TION."
33 N. L. R. B., No. 84.
457
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, an election by secret ballot was con-
ducted on June 18, 1941, under the direction and supervision of the
Regional Director among all mechanics, helpers, apprentices, assem-
bling and handling helpers, and parts-department helpers, employed
at the Davenport branch of the Company, excluding supervisory and
clerical workers, to determine whether or not they desired to be
represented by the Union. On June 23, 1941, the Regional Director
issued and duly served upon the parties his Election Report on the
ballot. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list_______________ _______________________ 16
Total ballots cast___________________________________________ 15
Total ballots challenged _____________________________________ 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast ---------------------------- - ----------- 15
Votes cast for International Association of Machinists, Local
Union No. 388-------------------------------------------- 11
Votes cast against International Association of Machinists,
Local Union No. 388-------------------------------------- 4
Upon, the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of International Harvester Company, Daven-
port, Iowa Truck Branch, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All mechanics, helpers, apprentices, assembling and handling
helpers, and parts-department helpers employed at the Davenport
Truck Branch of the Company, exclusive of supervisory and clerical
workers, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. International Association of Machinists, Local Union No. 388,
affiliated with the A. F. of L., has been designated and selected by a
majority of the employees in the above unit as their representative for
the purposes of collective bargaining and is the exclusive representative
of all the employees in said unit within the meaning of Section 9 (a)
of the National Labor Relations Act.
INTERNATIONAL HARVESTER COMPANY 459
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
Relations Act,
IT IS HERESY cExTiFIED that International Association of Machinists,
Local Union No. 388, affiliated with the A. F. of L., has been designated
and selected by a majority of the mechanics, helpers, apprentices,
assembling and handling helpers, and parts-department helpers at the
Davenport Truck Branch of the Company, excluding supervisory and
clerical workers, as their representative for the purposes of collective
bargaining, and that pursuant to the provisions of Section 9 (a) of
the Act, International Association of Machinists, Local Union No. 388,
affiliated with the A. F. of L., is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
employment.