International Harvester Co.

National Labor Relations Board - Board Decisions

Apr 11, 1938

6 N.L.R.B. 545 (N.L.R.B. 1938)

In the Matter Of INTERNATIONAL HARVESTER COMPANY and DIE
SINKERS LOCAL No. 527, AFFILIATED WITH THE AMERICAN FED-
ERATION OF LABOR
Case No. R-593.-Decided April 11, 1938
Farm Machinery Industry-Motor Truck Industry-Investigation of Repre-
sentatives : controversy concerning representation of employees : rival organiza-
tions ; refusal by employer to recognize petitioning union as bargaining agency
of employees in unit claimed by petitioning union-Unit Appropriate for Col-
lective Bargaining : employees working on dies to complete forgings , exclusive
of executives , clerical help, foremen , and all other employees engaged in a
supervisory capacity ; stipulation of parties as to-Representatives : proof of
choice : - comparison of pay roll with official , union records ; no controversy as
to-Certification of Representatives : upon proof of majority representation.
Mr. Walter B. Ch,elf, for the Board.
Mr. George Hodge, of Chicago, Ill., for the Company.
Mr. J. G. Meiner, of Cleveland, Ohio, for Local No. 527.
Mr. E. J. Gildea, of Fort Wayne, Ind., for the Independent.
Mr. C. R. Shrock, of Fort Wayne, Ind., for Local No. 57.
Mr. Howard Lichtenstein, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 21, 1937, Die Sinkers Local No. 527, affiliated with the
American Federation of Labor, herein called Local No. 527, filed with
the Regional Director for the Eleventh Region (Indianapolis, In-
diana) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of International
Harvester Company, herein called the Company, at its Fort Wayne
Works, Fort Wayne., Indiana, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act.' On
February 23, 1938, the National Labor Relations Board, herein called
'.On February 24, 1938, Local No. 527 filed another petition substantially the same as its
petition of August 21, 1937.
545
546 NATIONAL LABOR RELATIONS BOARD
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an
appropriate hearing upon due-notice.
On February 24, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
Local No. 527, upon United Automobile Workers of America, Local
No. 57, herein called Local No. 57, upon Independent Truck Em-
ployees Association, herein called the Independent, and upon Inter-
national Association of Machinists, the latter three being labor
organizations purporting to represent employees directly affected by
the investigation. Pursuant to the notice, a hearing was held on
March 2, 1938, at Fort Wayne, Indiana, before William P. Webb, the
Trial Examiner duly designated by the Board. The Board, the
Company, Local No. 57, and the Independent were represented by
counsel, and Local No. 527, by its business representative. All such
representatives participated in the hearing and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. No objections were made
by any of the parties to the introduction of evidence..
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
International Harvester Company is a New Jersey corporation en-
gaged in the manufacture, sale, and distribution of agricultural
implements, motor trucks, tractors, stationary engines, aild parts
therefor. This proceeding is concerned with the Fort Wayne Works,
the business of which is described in a stipulation in the record
as follows : "The Fort Wayne Works is engaged in the assembly of
certain motor truck models produced by the Company, the manu-
facture of parts for use in other plants of the Company, and the
conduct of the central operations involved in the distribution of re-
pair parts for all of the motor trucks produced by the Company.
The Fort Wayne Works, acting as the central distribution point for
repair parts for all motor trucks manufactured by the Company,
involves regular shipments by rail, trucks and express to the Com-
pany's.. branch houses and distributing points located in all. parts
of the United States and in many foreign countries." 2
For a detailed description of the Company's activities and the activities of its Fort
Wayne Works, see pages 311 to 317, inclusive , of Matter of International Harvester Com-
pany and Local Union No. 57, International Union United Automobile Workers of America,
2 N. L. R . B. 310, which were incorporated by reference into the record during the hearing.
DECISIONS AND ORDERS
II. THE ORGANIZATIONS INVOLVED
547
Die Sinkers Local No. 527 is a labor organization affiliated with
the International Association of Machinists and the American Fed-
eration of Labor. It admits to membership all employees of the Fort
Wayne Works of the Company who work on dies to complete forg-
ings, exclusive of supervisory employees.
United Automobile Workers of America, Local No. 57, is a labor
organization affiliated with the Committee for Industrial Organiza-
tion; International Association of Machinists is a labor organiza-
tion affiliated with the American Federation of Labor; and Independ-
ent Truck Employees Association is likewise a labor organization,
whose affiliations, if any, are not disclosed in the record. It is not
clear from the record which categories of employees of the Company,
are eligible for membership in these organizations.
III. THE QUESTION CONCERNING REPRESENTATION
On July 28, 1937, the Company, which since February 1936 had,
recognized and bargained with Local No. 527 as the representative
of its members, issued a bulletin announcing that it had granted,
exclusive bargaining rights to the Independent as the collective
bargaining representative for all of the employees at its Fort Wayne
Works. The Company thereafter refused to negotiate further with
Local No. 527.
We find that a question has arisen concerning 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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing all of the parties stipulated and we find that
all employees of the Company at its Fort Wayne Works who work
on dies to complete forgings, exclusive of executives, clerical help,
foremen, and all other employees engaged in a supervisory capacity,
constitute a unit appropriate for the purposes of collective bargain-
ing. We further find that said unit will insure to the employees of
548 NATIONAL LABOR RELATIONS BOARD
the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.'
VI. THE DETERMINATION OF REPRESENTATIVES
During the course of the hearing, the Company's pay roll of Feb-
ruary 26, 1938, and the official records of Local No. 527 were inspected
and compared by the Board's attorney in the presence of all the par-
ties. It was then agreed and stipulated in the record by all the
parties that 50 employees were included in the unit and that 38 of
such employees were members of Local No. 527.
We find that Local No. 527 has been designated and selected by a
majority of the employees in the appropriate unit as their represen-
tative for purposes of collective bargaining. It is, therefore, the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining, and we will so certify.
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 questio i affecting commerce has arisen concerning the repre-
sentation of employees of International Harvester Company at its
Fort Wayne Works, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company at its Fort Wayne Works who
work on dies to complete forgings, exclusive of executives, clerical
help, foremen, and all other employees engaged in a supervisory
capacity, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. Die Sinkers Local No. 527, affiliated with the American Federa-
tion of Labor, is the exclusive representative of all the employees in
such unit for the purposes of collective bargaining, within the mean-
ing of Section 9 (a) of the National Labor Relations Act.
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, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended,
8 See also Matter of International Harvester Company Tractor Works and Farm Equip-
ment Workers Association Division of A. A. I. S. & T. W. N. A. Lodge No . 1320, C. 1. 0.,
5 N. L. R . B. 192 , decided February 10, 1938 , in which we found that the same classifi-
cation of employees constitutes an appropriate unit.
DECISIONS AND ORDERS 549
IT IS HEREBY CERTIFIED that Die Sinkers Local No. 527, affiliated
with the American Federation, of Labor, has been designated and
selected by a majority of the employees of International Harvester
Company at its Fort Wayne Works, Fort Wayne, Indiana, who work
on dies to complete forgings, exclusive of executives, clerical help,
foremen, and all other employees engaged in a supervisory capacity,
as their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Die
Sinkers Local No. 527, 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.