International Harvester Co.

National Labor Relations Board - Board Decisions

Mar 16, 1953

103 N.L.R.B. 716 (N.L.R.B. 1953)

716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. We find that the following employees of the Employer at his
2 packing sheds located 2 miles southeast of El Centro, California,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act : All packing shed em-
ployees, but excluding clerical employees, guards and watchmen,
drivers, the assistant foreman, and all supervisors as defined in the Act.
5. The Employer's packing sheds are in operation between Decem-
ber and April. Following our customary practice in seasonal indus-
tries, we shall direct that the election be held at or near the peak of
employment, on a date to be determined by the Regional Director,
among the employees in the appropriate unit who are employed during
the payroll period immediately preceding the date of the issuance of
the notice of election. If the Regional Director finds that a repre-
sentative number of employees will not be employed at any period in
the near future during which an election can be held, he may defer the
election until at or about the peak of employment during the next
season.
Order
IT IS ORDERED that the petition in Case No. 21-RC-2942 be, and it
hereby is, dismissed.
[Text of Direction of Election omitted from publication in this
volume.]
INTERNATIONAL HARVESTER COMPANY, WEST PULLMAN WORKS and
CHICAGO JOURNEYMEN PLUMBERS LOCAL UNION 130, UA, AFL,'
PETITIONER
INTERNATIONAL HARVESTER COMPANY, WEST PULLMAN WORKS and
DIE & TOi)LMAKERS LODGE NO. 113, INTERNATIONAL ASSOCIATION OF
MACHINISTS," PETITIONER
INTERNATIONAL HARVESTER COMPANY, WEST PULLMAN WORKS and
CHICAGO DISTRICT COUNCIL OF CARPENTERS, A. F. L.,3 PETITIONER
INTERNATIONAL HARVESTER COMPANY, WEST PULLMAN WORKS and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, 010,4 PETITIONER.
Cases Nos.13-RC-3093,1,3-RC-30,98, 13-RC-3106, and 13-RC-3122.
March 16, 1953
Decision and Direction of Elections
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held be-
Herein called the Plumbers.
s Herein called Lodge 113
a Herein called the Carpenters.
4 Herein called UAW-CIO.
103 NLRB No. 62
INTERNATIONAL HARVESTER COMPANY 717
fore Raymond A. Jacobson, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. 5
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Styles, and Peterson].
On November 14, 1952, employee Fitzgerald filed a decertification
petition in Case No. 13-RD-157. The Plumbers and Lodge 113 then
filed petitions for craft severance, and on November 24 a conference
was held at which the Employer, Fitzgerald, the Plumbers, Lodge 113,
and FE-UE, the certified representative of the production and mainte-
nance unit, entered into a consent-election agreement which was ap-
proved by the Regional Director. Subsequently, on December 3, the
Carpenters filed its petition; on December 6, UAW-CIO filed and on
the same or next day withdrew a petition; and on December 11, Fitz-
gerald requested withdrawal of his decertification petition, and UAW-
CIO filed its present petition. Thereupon, on December 11, the Re-
gional Director approved the withdrawal of the decertification peti-
tion, canceled his approval of the consent-election agreement, ordered
a consolidation of the cases involved herein, and issued the notice of
representation hearing. On December 17, FE-UE filed a request for
review of these actions of the Regional Director, which the Board de-
nied on December 31, 1952.
FE-UE, joined by the Plumbers and Lodge 113, moved to dismiss
the petitions of the Carpenters and UAW-CIO on the ground of a
lack of adequate representative interest on or prior to November 24,
1952, the date of the consent-election agreement ; it contended further
that an adequate showing was required as of that date because the
Regional Director was without authority to approve the withdrawal
of the decertification petition and to cancel his approval of the consent-
election agreement. We find no merit in this contention as the Re-
gional Director was clearly authorized to act as he did.s
5 The hearing officer granted motions to intervene by United Farm Equipment & Metal
Workers Local 107, UE, and District 8, International Association of Machinists , herein
called FE-UE and District 8, respectively , and the Intervenors . collectively.
The hearing officer referred to the Board the motions of UAW-CIO, FE-UE, and the
Employer to dismiss the petitions of the Plumbers , Lodge 113, and the Carpenters on the
ground of inappropriateness of the proposed units . These motions are hereby denied for
the reasons appearing in paragraph numbered 4.
The hearing officer also referred to the Board the Employer's motion to dismiss the
petitions of the Carpenters and UAW-CIO on the ground that they made no request for
recognition . The motion is hereby denied. Wiley Mfg. Inc, 92 NLRB 40.
Other motions to dismiss which were referred to the Board are discussed below
6 See Section 102.54 ( a) of Board Rules and Regulations; and Section 101.17 (b) of
Board Statements of Procedure.
The situation in Lufkin Foundry & Machine Company, 83 NLRB 768, relied upon by the
moving parties , is clearly distinguishable from the facts herein.
As the Regional Director ' s disputed actions were authorized , we also find without merit
the contention of the Employer in Its brief that the ]petitions of the Carpenters and UAW-
718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate units :
UAW-CIO petitions for the production and maintenance unit which
FE-UE of present represents.7 The Intervenors and the Employer
are in accord as to this unit. The Plumbers, Lodge 113, and the Car-
penters seek to sever craft units from the production and maintenance
unit. The Employer, UAW-CIO, and FE-UE contend that the pro-
posed severances are inappropriate.
Pipe fitters: The Plumbers seeks a unit of pipefitters. There are
about 13 pipefitters, 1 leader," and 2 minor pipefitters working in the
maintenance department. The progression from minor pipefitter
to a pipefitter classification is analogous to that from apprentice to
journeyman, and requires several years' training. All the pipefitters
are engaged exclusively in the repair and installation of all kinds of
pipe, as well as some repair plumbing duties. Although 2 of them
work in another building each workday except Saturday, and 2 do
steamfitting work in connection with furnace gang operations, the
others work in a separate area when not at job locations in the plant,
and all are under the same immediate supervision. While pipefitters
occasionally work with other employees on functionally related tasks,
they usually do their work independently of other employees, and
there is no regular interchange with other categories of employees .9
We find that the pipefitters are an identifiable, homogeneous craft
group who may constitute a separate appropriate bargaining unit .10
CIO must be dismissed as untimely on the ground that the consent -election agreement con-
tinued in effect until the Board passed upon the request for review of the Regional Director's
action , and we hereby deny the motion to dismiss on this ground.
7 FE-UE was first certified in 1942 and again in 1950 . The Employer and FE-UE have
had bargaining relations since 1942 , but their most recent contract expired on August 20,
1952 . Although a new contract was executed on November 15, 1952, covering other plants
of International Harvester Company, the West Pullman Works was excluded from its
coverage because of the existing question concerning representation
8 In accord with stipulations made at the hearing, and on the entire record, we find that
this leader and all other leaders in the plant are not supervisors as defined In the Act.
The same facts are true of the carpenters and millwrights in the maintenance depart-
ment, discussed below . We therefore reject the Employer 's contention In its brief that,
because of interrelationships between pipefitters , carpenters , millwrights , and other
employees in the maintenance department , the proposed severances of pipefitters , carpen-
ters, and millwrights are inappropriate.
10 Globe Steel Tubes Co., 101 NLRB 772 ; Ingersoll Products Division of Borg-Warner
Corporation, 100 NLRB 1531 ; International Harvester Company, 88 NLRB 214.
INTERNATIONAL HARVESTER COMPANY 719
Carpenters: The Carpenters 11 seeks a unit of carpenters, who per-
form the customary duties of their craft, and who own their personal
hand tools. Although they work at jobs throughout the plant, they
have a separate work area in the maintenance department contiguous
with the millwrights' area and, together with sheet metal men, have
separate immediate supervision. We find that the carpenters are an
identifiable, homogeneous craft group who may constitute a separate
appropriate bargaining unit.12
Millwrights: The Carpenters also requests a unit of millwrights.
There are about 31 millwrights, including leaders and minor mill-
wrights,13 in the maintenance department, and 4 millwrights, includ-
ing a leader, in the machine repair department. All the millwrights
are engaged in moving and installing machinery and in making re-
pairs that do not require machining. All the millwrights in the
maintenance department have separate immediate supervision, and,
except for 6 who work in connection with furnace gang operations ,114
they work in a separate area next to the carpenters when not on
assignments in the plant. We find that all millwrights, including
those in the machine repair department, are a distinct craft group
who may constitute a separate appropriate bargaining unit 15
Tool and die makers and machinists: Lodge 113, in its amended
unit request, seeks all the employees in the toolroom and machine re-
pair departments, but indicated at the hearing that it would agree
to the exclusion of janitors and laborers in these departments if the
Board so found.
The machine repair department is composed of 51 machinists of
3 grades, including 7 leaders; 4 millwrights, whom we have included
with the millwrights in the maintenance department; 8 machine op-
erators (boring machine, grinder, and lathe) ; 3 stockkeepers; and 2
laborers. The machinists and millwrights are skilled craftsmen, and
it appears that, except for the laborers who are unskilled, all the
others in the machine repair department are assistants who perform
specialized functions.
In the toolroom department, there are 55 tool and die makers of
2 grades, including 11 leaders; a machinist; a hardener; "1 2 employees
currently represented in a diesinkers' unit; 93 machine operators (lap-
u The petition of the Carpenters described a combined unit of carpenters and millwrights.
At the hearing, the Carpenters amended the petition to ask for separate units of car-
penters and millwrights.
11 Mathieson Chemical Corporation , 101 NLRB 274
13 The minor millwrights are comparable to apprentices.
14 There is a more or less periodic rotation of maintenance department millwrights for
assignment to furnace gang operations.
16 Owens-Corning Ftiberglaa Corporation, 84 NLRB 298; and International Harvester
Company ( Louisville Works ), 87 NLRB 317.
'" The hardener heat treats tools and dies for the tool and die makers, and appears to be
a highly paid specialist.
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pers and sawyers, and boring machine, grinder-2 types, grinding
machine, lathe, milling machine, shaper, and slotter operators) ; 2
inspectors; 5 tool crib attendants; and a laborer and a janitor. The
tool and die makers and the machinist are skilled craftsmen, and it
appears that, except for the laborer and janitor, who are unskilled,
and the diesinker employees, all the others in the toolroom depart-
ment are specialists who assist the tool and die makers.
On the basis of the foregoing, we find that a unit of all employees
in the toolroom and machine repair departments is inappropriate 17
However, excluding the diesinker employees, who are already repre-
sented, and the millwrights, whom we have included with their mill-
wright counterparts in the maintenance department,18 the remainder
of the toolroom and machine repair department employees comprise
all the tool and die makers and machinists in the plant, as well as
specialist-assistants, laborers, and janitors. These employees, exclu-
sive of the laborers and janitors, perform skilled functions under
common ultimate supervision. We find, therefore, that all tool and
die makers and machinists of all grades, including specialist-assist-
ants, comprise a distinct craft group who may constitute a separate ap-
propriate bargaining unit.19
Accordingly, we shall make no final unit determinations at this
time, but shall direct elections in the following voting groups at the
Employer's West Pullman Works, Chicago, Illinois, plant :
Group 1-All pipefitters, including steamfitters, plumbers, and mi-
nor pipefitters.
Group Q-All carpenters, classes A and B.
Group 3-All millwrights and minor millwrights, including mill-
wrights in the machine repair department.
Group 4-All tool and die makers and machinists, and their helpers
and apprentices, excluding laborers and janitors.
Group 5-All production and maintenance employees, excluding (1)
salaried employees, (2) supervisors on an hourly basis above the rank
of group leaders, (3) factory clerical employees, (4) office clerical
employees, (5) indentured apprentices, (6) student executives, (7)
fire and watch employees, except production and maintenance em-
ployees who act as volunteer firemen, (8) diesinkers, trimming die-
makers, and upset diemakers and diesinkers, and trimming die and
upset die makers, apprentices, and helpers, (9) all electricians in de-
partment 28, (10) powerhouse employees, (11) construction engineer-
ing bricklayers, and all employees in voting groups 1, 2, 3, and 4.
'7 See Westinghouse Electric Corporation , 101 NLRB 441
i' At the request of Lodge 113, its name will appear on the ballot fol the millwright's
voting group.
19 Saco -Lowell Shopi . 94 NLRB 647 , Toledo Scale C ompany , 101 NLRB 851 Emer-
son Electric Company , 102 NLRB 303
WILLYS-OVERLAND MOTORS, INC. 721
If a majority of the employees voting in group 1, 2, 3, or 4 vote
for a bargaining representative different from that selected by a
majority of the employees voting in group 5, then the employees in
group 1, 2, 3, and 4 will be taken to have indicated their desire to
constitute a separate unit or units, and the Regional Director conduct-
ing the elections herein directed is instructed to issue certifications
of representatives to the bargaining agents so selected, for the sep-
arate units in which they have been designated, which units the
Board, under such circumstances, finds to be appropriate.
If, however, a majority of the employees voting in group 1, 2, 3,
or 4 vote for the same bargaining representative selected by a majority
of employees voting in group 5, then the employees in group 1, 2, 3,
or 4 will be taken to have indicated their desire to be included in the
same bargaining unit with the employees in group 5, and the Re-
gional Director is instructed to issue certification of representatives
to such representative for a plantwide production and maintenance
unit, including therein the employees in groups 1, 2, 3, and 4, or any
of these groups in which a majority has voted for such representative,
which unit the Board, under the circumstances, finds to be appro-
priate for the purposes of collective bargaining.
[Text of Direction of Elections omitted from publication in this
volume.]
WILLYS-OVERLAND MOTORS, INC., AIRCRAFT ENGINE DIVISION and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER.
Case No. 35-RC-826. March 16, 1953
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before John W. Hines, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
i The Employer' s name appea rs in the caption as amended at the hearing.
103 NLRB No. 52.