International Harvester Co.

National Labor Relations Board - Board Decisions

May 15, 1945

61 N.L.R.B. 1199 (N.L.R.B. 1945)

In the Matter Of INTERNATIONAL HARVESTER COMPANY, CANTON WORKS
and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE 1241,
A. F. L.
In the Matter Of INTERNATIONAL HARVESTER COMPANY, CANTON WORKS
and PATTERN MAKERS' LEAGUE OF NORTH AMERICA, PEORIA ASSOCIA-
TION, A. F. OF L.
In the Matter Of INTERNATIONAL HARVESTER COMPANY, CANTON WORKS
and LOCAL No. 12633, DISTRICT 50, UNITED MINE WORKERS OF
AMERICA
Cases Nos. 13-R-277., 13-R-2791, and 13-R-2797, respectively,
Decided May 15, 1945
Messrs. Robert E. Dickman and Walter L. Hallam, of Chicago, Ill.,
for the Company.
Messrs. P. L. Siemiller and A. M. Keeney, of Chicago, Ill., for the
I. A. M.
Messrs. G. Hallstrom and Joseph J. Zyrkowski, of Chicago, Ill.,
for the League.
Messrs. Ray Thomason, Frank Yaniski, and Owen Bolen, of Spring-
field, Ill., for District 50.
Mr. Walker Butler, of Chicago, Ill., for the C. E. A.
Mr. S. H. Preston, of Peoria, Ill., for the I. B. E. W.
Meyers ct Meyers, by Mr. Ben Myers, of Chicago, Ill., for the C. I. O.
Mr. Donald H. Frank, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by International Association of Ma-
chinists, Lodge 1241, A. F. L., herein called the I. A. M., by Pattern
Makers' League of North America, Peoria Association, A. F. of L.,'
1 The designation of the League appears herein as amended at the hearing.
61 N. L. R. B., No. 196.
1199
1200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the League, and by Local No. 12633, District 50, United
Mine Workers of America, herein called District 50, each alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of International Harvester Company, Canton
Works,2 Canton, Illinois, herein called the Company, the, National
Labor Relations Board provided for an appropriate consolidated
hearing upon due notice before John R. Hill, Trial Examiner. Said
hearing was held at Canton, Illinois, on February 1 and 2, 1945. The
Company, the I. A. M., the League, District 50, Canton Employees
Association, herein called the C. E. A., International Brotherhood of
Electrical Workers, Local Union B-34, herein called the I. B. E. W.,
and United Farm Equipment & Metal Workers of America, C. I. 0.,
herein called the C. I. 0., appeared and participated.3 All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
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 principal office in Chicago, Illinois. The Company operates plants
in the States of Illinois, Wisconsin, Indiana, Ohio, New York, Ten-
nessee, and California. This proceeding is concerned solely with the
Company's plant at Canton, Illinois, known as the Canton Works,
where it is engaged in the manufacture of ordnance items and tillage
implements. Raw materials valued in excess of $100,000 are each year
shipped to the Canton Works from points outside the State of Illinois.
Approximately the entire production of the Canton Works, which is
valued in excess of $1,000,000, is shipped each year to points outside
the State of Illinois.
The Company admits that with respect to its operations at the
Canton Works it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Lodge 1241, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
2 The designation of the Company appears herein as amended at the hearing.
a International Brotherhood of Blacksmiths , Drop Forgers and Helpers , A. F. of L, was
served with Notice of Hearing but failed to appear at the hearing.
INTERNATIONAL HARVESTER COMPANY 1201
Pattern Makers' League of North America, Peoria Association,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
Local No. 12633, District 50, United Mine Workers of America, is a
labor organization admitting to membership employees of the
Company.
Canton Employees Association is an unaffiliated labor organization
admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local Union
B-34, is a labor organization admitting to membership employees of
the Company.
United Farm Equipment & Metal Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the I. A. M., the
League, and the I. B. E. W. as the exclusive bargaining representatives
of the employees in the units requested, on the ground that the units,
sought are inappropriate, and it has refused to grant recognition to
either District 50 or the C. I. O. as exclusive bargaining representative
of its production and maintenance employees, on the ground that those
employees are covered by the Company's contract with the C. E. A.
In July 1942, the C. E. A. and the Company entered into a 1-year
collective bargaining contract. In February 1943, the parties made a
Supplemental Agreement to their 1942 contract, providing that the
latter should continue in operation, "until the July 27th next following
the close of hostilities in the wars in which the United States is now
engaged, but in any case at least until July 27, 1943." The supplement
continued, "It will also remain in force and effect beyond such expira-
tion date on a year to year basis, until one party or the other desires
changes or termination." It is clear that these provisions make the
contract one of indefinite duration since it is terminable on the 27th
day of July next following the close of hostilities. The contract has
already been in effect for more than 31 months. Moreover, the last
certification of the C. E. A. by the Board as the exclusive bargaining
agent of the employees involved herein was issued in February 1944,
more than a year ago. Under these circumstances we find that neither
the contract nor the Board's certification constitutes a bar to the instant
proceeding.4 -
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the I. A. M., the League, and District 50 each repre-
14 latter of International Harvester Company, Canton Works, 52 N. L. R. B. 1545.
1202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sents a substantial number of employees in the unit it alleges to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company , within the meaning
of Section 9 (c) -and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The I. A. M. seeks a unit of all of the Company's employees in the
Machine Shop (Department No. 9) of the Canton Works, including
tool and die makers, die sinkers, toolroom machine operators, and
their helpers, apprentices, and learners, but excluding clerical and
supervisory employees, and laborers. The League seeks a unit of
all of the Company's pattern makers and their apprentices, (Depart-
ment No. 10) in the Canton Works, but excluding supervisory em-
ployees, pattern molders, and pattern runners. The I. B. E. W. seeks
a unit of all of the Company's employees in the Electrical Department
(Department No. 25) of the Canton Works, but excluding supervisory
employees. District 50, the C. I. 0., and the C. E. A. contend that the
previous bargaining history of the C. E. A. and the Company makes
the units sought by the I. A. M., the League, and the I. B. E. W.
inappropriate.
District 50 and the C. I. 0. seek an election among the production
and the maintenance employees, including those employees in Depart-
ment Nos. 9, 10, and 25 whom the I. A. M., the League, and the
I. B. E. W. seek to represent.
S The Field Examiner reported that the I . A. M submitted 89 cards, 85 of which bore
apparently genuine original signatures of persons appearing on the Company 's pay roll of
December 12, 1944, which contained the names of 97 employees in the unit sought by the
I. A. M.; and that the cards were dated 1 in September and 84 in December 1944
The League submitted 16 cards, 14 of which bore apparently genuine original signatures
of persons appearing on the aforesaid pay roll , which contained the names of 19 employees
in the unit sought by the League ; and the cards were all dated in July 1944
District 50 submitted 762 cards , 559 of which bore apparently genuine original signa-
tures of persons appearing on the aforesaid pay roll , which contained the names of 2,067
employees in the unit sought by District 50; and the cards were dated 3 in February, 2 in
March , 7 in April , 23 in May, 47 in June , 71 in July , 16 in August , 18 in September, 66
in October , 61 in November , and 44 in December 1944; and 1 in January 1945, and 200
were undated We consider that District 50's shouting is substantial in view of the main-
tenance -of-membership provision in the C E. A ' s contract . Matter of Sayles Finishing
Plants, Inc., 49 N. L R B. 532
The I B . E. W. submitted 12 cards, all of which bore apparently genuine original
signatures of persons appearing on the aforesaid pay roll , which contained the names of
17 employees in the unit sought by the I . B E. W , and the cards «ere all dated in
December 1944.
The C I. O. submitted 357 designations , 308 of which bore apparently genuine original
signatures of persons appearing on the aforesaid pay roll , which contained the names
of 2,067 employees in the unit sought by the C . I. 0 ; and the cards were dated 4 in
September , 88 in October , 7 in November , 30 in December 1944; and 153 in January 1945,
and 26 were undated
The C. E A. relies on its contract with the Company as evidence of its interest in the
proceeding. I
INTERNATIONAL HARVESTER COMPANY 1203
From 1937 to 1941, the C. E. A. and the Compaiiy bargained col-
lectively concerning all of the Company's employees at the Canton
Works, but without a written contract. In March 1941, the Company
and the C. E. A. entered into their first written contract, to run for 1
year. In April 1942, the I. A. M. petitioned the Board for a unit
consisting of the employees in Department No. 9.6 Thereafter, the
I. A. M. and the C. E. A. agreed to a consent election for those em-
ployees, which the C. E. A. won in May 1942.7 In July of that year,
the C. E. A. entered into a new 1-year written contract. Pursuant
to the Supplemental Agreement of February 1943, the C. E. A. and
the Company have continued their bargaining relationship under this
1942 contract. In August 1942, the Metal Trades Department of the
American Federation of Labor petitioned for a unit of all of the Com-
pany's production and maintenance employees. Thereafter, the
C. E. A., the C. I. 0., and District 50 intervened, and the four unions
agreed to a consent election for those employees." In the first ballot-
ing, no organization received a majority, and a run-off election was
conducted, omitting from the ballot the Metal Trades Department,
which had received the fewest votes. The run-off election was won by
the C. E. A. in October 1942. Early the following June, the C. I. O.
and District 50 separately petitioned for two units, a clerical unit and
a production and maintenance unit. 'The C. E. A. intervened, the
Board's Decision and Direction of Election was issued 9 in October,
and in November elections were conducted. The C. E. A. won the
election and was certified by the Board as exclusive bargaining repre-
sentative for the clerical employees. No organization obtained a
majority of the votes of the production and maintenance employees,
and arun -off election was conducted in December, omitting from the
ballot the C. I. 0., which had received the fewest votes. In this elec-
tion a number of Department No. 9 employees fastened stickers to the
ballot declaring that they wished only to be represented by the I. A. M.
These ballots were declared void. The C. E. A. won this election and
was certified by the Board as exclusive bargaining representative for
the production and maintenance employees. Six days after the run-
off election, the I. A. M. filed its second petition for employees in
Department No. 910 The Regional Director refused to issue Notice
of Hearing. On appeal, the refusal was upheld by the Board. In
June 1944, the I. A. M. filed its third petition for the Department No. 9
employees." Again the Regional Director refused to issue Notice of
° The original petition therein was filed by an international representative of the Metal
Trades Department of the American Federation of Labor , on behalf of the I. A. M ; the
amended petition was filed by the I A. Al.
Case No. 13-R-1242.
' Case No. 13-R-1406.
'Matter of International Ilarvcste, Company, Canton Works, supra.
10 Case No 13-R-2230.
v Case No 13-R-2508.
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Hearing, and again the refusal was upheld by the Board. In the same
month the League filed a petition for the employees in Department
No. 10.12 The Regional Director also refused to issue Notice of Hear-
ing on this petition, and the Board upheld that refusal.13
The I. A. M. contends that its activities over a period of the last
few years justify a separate election at this time among the employees
in the craft unit it seeks to represent. We do not deny that the em-
ployees within the unit sought comprise a craft, but we are not con-
vinced that the evidence which the I. A. M. has submitted is sufficient
to lead to a conclusion that a craft unit should now be carved from
the production and maintenance unit which has long been established
in this plant. The I. A. M. did not begin to organize the employees
in Department No. 9 until December 1941, 7 months after the C. E. A.
and the Company made their first written contract, and over 4 years
after the C. E. A. had begun collective bargaining for these employees
within the production and maintenance unit. Moreover, it is clear
that the I. A. M. remained inactive from May 1942, when it lost the
consent election, until December 1943, when Department No. 9 em-
ployees fastened "I. A. M. stickers" to the ballots in the run-off elec-
tion for the production and maintenance unit. We note that the
I. A. M. did not at the hearing make any showing as to number' of
members it retained during this dormant period. Although in ex-
istence it made no attempt to participate in the consent elections in
the fall of 1942 or in the hearing of September 1943, both of which
were based upon a production and maintenance unit. In the Novem-
ber 1943 election, one of the employees in Department No. 9, who at
the hearing in the instant case appeared as a witness for the I. A. M.,
acted as an observer for District 50. Witnesses appearing for the
I. A. M. in the instant case also testified that they had been members
of the C. E. A. from 1937, to 1942, and had assisted in making the first
contract between the C. E. A. and the Company. They participated
in the consent election of September 1942, covering a production and
maintenance unit. One of the I. A. M. witnesses was an official of
the C. E. A. from 1937 to 1942, and represented the employees of
Departments Nos. 9, 10, and 25 for the C. E. A. in dealings with the
Company from 1939 to 1941. These facts, in our opinion, establish
that the employees in Department No. 9 have been effectively assimi-
lated into the plant-wide unit, and the circumstances here do not
suffice to bring this case within the rule of certain other cases wherein
we have, despite a history of bargaining on a plant-wide basis,
afforded employees in certain craft groups the opportunity of being
12 Case No. 13-R-2519
19 In July 1944, District 50 petitioned for a production and maintenance unit once
more the Regional Director refused to Issue Notice of Hearing, and the Board upheld the
refusal
INTERNATIONAL HARVESTER COMPANY 1205
represented separately.14 Thus, there is an absence of showing that
the I. A. M. maintained its membership over a period of years, that
the employees in Department No. 9 resisted representation by the
C. E. A., or that they achieved informal recognition of their craft
representative by the Company. Moreover, following the I. A. M.'s
initial organizational efforts in Department No. 9, the employees in
that group voted in a separate election for the C. E. A. which had
undertaken to represent them together with all other employees in-
the Canton Work S.15
As to the pattern makers and the electrical workers, the League
began its organizational activities at the Canton Works in June 1944;
the I. B. E. W. began in December 1944. There was no activity by
either group of employees until their organizational drives began.
Pattern makers and electrical workers were members of the C. E. A.
until that time. One member of the League had acted in the Novem-
ber 1943 election as an observer for the C. E. A. Another was a steward
for the C. E. A. in 1944. Thus the grounds upon which the League
and the I. B. E. W. seek to excise craft units from the production and
maintenance unit are considerably weaker than the grounds presented
by the I. A. M.
Employees in Departments Nos. 9, 10, and 25 work the same shifts
as other employees in the production and maintenance unit. They
are paid by the same method, on an hourly basis. They have the same
working conditions, receive the same insurance benefits, and enjoy
the same vacation plan. While these employees do not receive piece-
work compensation, there are employees in several other production
and maintenance departments who are not so compensated, whereas
the employees in Departments Nos. 9, 10, and 25 do receive payment
under the extra-compensation plan used for all production and main-
tenance employees. Overtime provisions and the night bonus plan
are the same for all of the plant's employees. Throughout the years
of collective bargaining on a production and maintenance basis, griev-
ances of employees in the three departments involved herein have been
handled through the channels established by the C. E. A. The Na-
tional War Labor Board, upon a petition filed by the-C. E. A., granted
a wage increase in December 1944 to all of the plant's skilled and semi-
skilled employees, including the employees in the three craft units
sought. This wage increase was applied for before the League and
the I. B. E. W. had begun to organize the Company's employees. Upon
14 Matter of Bendix Products Division of Bendix Aviation Corporation, 39 N L R. B. 81 ;
Matter of Aluminum Company of America, 42 N. L. R. B. 772; Matter of Goodyear Tire
& Rubber Company , 55 N. L. R. B. 918; Matter of General Electric Company (Lynn River
Works and Everett Plant ), 58 N. L R. B. 57.
11 See Matter of Allied Laboratories, Inc (Pitman-Moore Division), 59 N. L. R. B. 1501,
and Supplemental Decision and Order thereto, 60 N L R B. 1196.
1206 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
the entire record, we find no sufficient basis for disturbing the estab-
lished pattern of collective bargaining. We shall, accordingly, dis-
miss the petitions of the I. A. M. and the League, and we hereby reject
the contention of the I. B. E. W. for a separate electricians' unit.
District 50, the C. I. O., and the C. E. A. agree, and we are of the
opinion, that the production and maintenance unit as constituted by
the Board in its October 1943 decision (supra) is appropriate. The
partids stipulated, moreover, that the foremen, assistant foremen, and
acting assistant foremen at the Canton Works are supervisory em-
ployees within our usual definition.
We find that all of the Company's production and maintenance em-
ployees at its Canton Works, including the employees in Departments
Nos. 9, 10, and 25, but excluding plant-protection department em-
ployees, salaried employees, factory clerical employees, office clerical
employees, indentured apprentices, student executives, foremen, as-
sistant foremen , acting assistant foremen, and any other supervisory
employees with authority, to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.16
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with International Har-
vester Company, Canton Works, Canton, Illinois, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
T The I A M ., the League , and the I. B E W. indicated at the hearing that, if the
Board ofdered an election herein among the production and maintenance employees as a
unit , they did not wish to participate we shall, therefore , omit them from the ballot
District 50 requested that it be designated upon the ballot as "District 50, United Mine
Workers of America, Local 12633 "; the C. E. A. requested that it be designated upon the
ballot as "Canton Employees Association , Independent" These requests are hereby
granted.
i
INTERNATIONAL HARVESTER COMPANY 1207
(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, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction , including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off , and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by District 50,
United Mine Workers of America, Local 12633 , or by United Farm
Equipment & Metal Workers of America , C. I. 0., or by Canton Em-
ployees Association , Independent , for the purposes of collective bar-
gaining, or by none of them.
ORDER
Upon the basis of the foregoing findings of fact , and upon the
entire record in the case , the National Labor Relations Board hereby
orders that the petitions in Cases Nos . 13-R-2772 and 13-R-2791, filed
by International Association of Machinists , Lodge 1241 , A. F. L., and
Pattern Makers' League of North America , Peoria Association, A. F.
of L., respectively , for investigation and certification of representatives
of employees of International Harvester Company, Canton Works,
Canton, Illinois , be, and they hereby are, dismissed. -