International Harvester Co.

National Labor Relations Board - Board Decisions

Jan 12, 1942

38 N.L.R.B. 175 (N.L.R.B. 1942)

In the Matter Of INTERNATIONAL HARVESTER COMPANY (HUTCHINSON,
KANSAS BRANCH) and INTERNATIONAL ASSOCIATION OF MACHINISTS,
LOCAL 1308, WICHITA, KANSAS, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Case No. B-34,30.-Decided January 12, 19412
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Albert L. Lohm, of Kansas City, Mo., for the Board.
Mr. M. H. Griffin, of Hutchinson, Kans., for the Company.
Mr. H. W. Ray, of Wichita, Kans., for Local 1308.
Mr. Max E. Halpern,, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 10, 1941, International Association of Machinists,
Local 1308, Wichita, Kansas, affiliated with the American Federation
of Labor, herein called Local 1308; filed with the Regional Director
for the Seventeenth Region (Kansas City, Missouri) a petition and
on December 11, 1941, an amended petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of International Harvester Company, herein called the Com-
pany, in the Motor Truck Service Station of its Hutchinson, Kansas
Branch, herein called the Branch, which is engaged in the sale, dis-
tribution, and service of motor trucks, farm and industrial equipment,
and the sale of parts therefor at Hutchinson, Kansas, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On December 5, 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 investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice. On December 15, 1941,
38 N. L. R. B, No. 45.
175
176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Company , Local 1308, and a representative of the Board entered
into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation , an election by secret ballot was con-
ducted on December 18, 1941, under the direction and supervision of
the Regional Director , among all the employees of the Company
employed as mechanics in the Motor Truck Service Station of the.
Branch, excluding clerks and foremen , to determine whether or not
the said employees desired to be represented for purposes of collective
bargaining by Local 1308. On December 19, 1941 , the Regional Di-
rector issued an Election Report, copies of which were duly served
upon the parties . No objections to the conduct of the ballot or to
the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
1 Total on eligibility list___________________________________ 6
2 Total ballots cast________________________________________ 6
3 Total ballots challenged___________________________________ 0
4. Total blank ballots_______________________________________ 2
5. Total void ballots________________________________________ 0
6. Total valid votes counted_________________________________ 4
7. Votes cast for International Association of Machinists, Local
1308, Wichita, Kansas, affiliated with the A. F. of L_____ 4
8 Votes case against International Association of Machinists,
Local 1308, Wichita, Kansas, affiliated with the A. F. of L_ 0
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 (Hutch-
inson, Kansas Branch), Hutchinson, Kansas, within the meaning of
Section 9 ( c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2. All employees of the Company employed as mechanics in the
Motor Truck Service Station of the Hutchinson , Kansas Branch,
excluding clerks and foremen, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
3. International Association of Machinists , Local 1308 , Wichita,
Kansas, affiliated with the American Federation of Labor, 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 the said
unit within the meaning of Section 9 (a) of the Act.
IN'TERNA;T'IONAL HARVESTER COMPANY
CERTIFICATION OF REPRESENTATIVES
177
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,
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, Local 1308, Wichita, Kansas, affiliated with the American Feder-
ation of Labor, has been designated and selected by a majority of all
the employees of International Harvester Company employed as
mechanics in the Motor Truck Service Station of the Hutchinson,
Kansas Branch, of the Company, excluding clerks and foremen, as
their representative for the purposes of collective bargaining, and that
pursuant to the provisions of Section 9 (a) of the Act, Internaional
Association of Machinists, Local 1308, Wichita, Kansas, affiliated with
the American Federation 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.
438861-42-vol. 38-13