International Harvester Co.

National Labor Relations Board - Board Decisions

Dec 7, 1954

110 N.L.R.B. 1247 (N.L.R.B. 1954)

INTERNATIONAL HARVESTER COMPANY 1247
supervisors. We shall, therefore, exclude these employees from the
production and maintenance unit. -
We find that the employees at the Summit, Illinois, plants, of Vol-
ney and Fry, constitute the following two separate units appropriate'
for the purposes of collective bargaining :
(1) All production and maintenance employees including the dump
truck driver and shipping clerks, but excluding highway truckdrivers,
tour bosses, foremen, office clerical employees, professional employees,,
guards, the dispatcher, and other supervisors as defined in the Act.
(2) All highway truckdrivers, excluding the dump truck driver,!
and all other employees, guards, the dispatcher, and other supervisors;
as defined in the Act.
[Text of Direction of Elections omitted from publication.]
INTERNATIONAL HARVESTER COMPANY, FARMALL WORKS and INTER- .
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRICUL- 1
TURAL IMPLEMENT WORKERS OF AMERICA, CIO, AND ITS FE LOCAL
109, UAW-CIO, PETITIONER
INTERNATIONAL HARVESTER COMPANY, FARMALL WORKS and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, CIO1 AND ITS FE LOCAL'
109, UAW-CIO, PETITIONER
INTERNATIONAL HARVESTER COMPANY, FARMALL WORKS and INTER-
NATIONAL ASSOCIATION OF TOOL CRAFTSMEN, LOCAL No. 1, PETI-
TIONER. Cases Nos. 13-RC-3910, 13-RC-3911, and 13-RC-3977.
December 7,1954
Decision and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated hearing was held before
Richard B. Simon, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
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
employees 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.
1 United Electrical , Radio and Machine Workers of America , and its United Farm
Equipment and Metal Workers, Local 109, UE, intervened in the consolidated proceeding
on the basis of its current contract covering the employees involved herein.
110 NLRB No. 191.
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In Case No. 13-RC-3910, the Petitioner, herein called Local 109,
UAW-CIO, seeks to represent a unit of all employees in departments
19, 27, and 57, a craft nucleus multidepartmental unit hereinafter
referred to as the machinist multidepartmental unit. In Case No.
13-RC-3911, the Petitioner, herein called FE Local 109, UAW-CIO,
seeks to represent all other production and maintenance employees
at the Employer's Farmall Works, excluding employees of depart-
ments 19, 27, and 57, office and clerical employees, guards, professional
employees, and all supervisors. In Case No. 13-RC-3977, the Peti-
tioner, herein called Local No. 1, seeks to represent employees in
department 27 who are tool- and die-makers, toolroom machinists,
toolroom machine operators, toolroom crib attendants, toolroom
welders, toolroom heat treaters, precision grinders, precision gage
grinders, gage and instrument repairmen, and tool- and die-makers'
apprentices, excluding two laborers and all other employees of the
Employer. The Employer and the Intervenor contend that their
current master contract covering the employees sought herein con-
stitutes a bar to these petitions. The Petitioner contends that the
contract is not a bar because a schism has occurred leading to con-
fusion as to the identity of the representative of these employees.
Beginning in 1941, employees of the Employer have been repre-
sented by United Farm Equipment and Metal Workers, CIO. In
1949, this union merged with UE-CIO and shortly thereafter both
unions were expelled from the CIO? In July 1952, pursuant to stipu-
lation, a craft severance election was held for departments 19, 27,
and 57 of the Farmall Works, and Local 109, FE-UE, was certified
for this craft machinists' unit. The latter was included in the master
contract executed by the UE and the Employer effective from Novem-
ber 15, 1952, until June 30, 1955. Thereafter, by direction of the
Board, an election was held for a production and maintenance unit
in this plant excluding, among others, the machinists' unit already
covered by contract 3 As a result Local 109, FE-UE, was certified
on June 1, 1953, for the production and maintenance unit. By amend-
ment to the master contract dated July 21, 1953, the unit coverage at
the Farmall Works was changed from a machinists' unit to a single
unit of all production and maintenance employees with certain exclu-
sions.
At a meeting of the executive board and grievance committee of
Local 109, FE-UE, in late July 1953, various differences which the
Local had with the International, including the Communist issue,
' The reasons for expulsion , including Communist domination , are set forth in 1949
Proceedings of the Eleventh Constitutional Convention of the Congress of Industrial
Organizations , and previously have been treated by the Board . See International Har-
vester Company, East Moline Works, 108 NLRB 600.
3 International Harvester Company, Farmall Works, 103 NLRB 1268.
INTERNATIONAL HARVESTER COMPANY 1249
were discussed 4 At a meeting of the same group, attended by virtu-
ally all of the officers and held on August 3, 1953, it was determined
among other things to set up an election committee to hold a refer-
endum among members of the Local on the question of disaffiliation
from the UE. The count of the referendum ballots was made on
August 12, 1953, and on August 17, 1953, the result of the refer-
endum was reported to a meeting of the executive board and griev-
ance committee, as 16 to 1 in favor of disaffiliation. A motion to accept
the report was unanimously approved. Thereafter, on August 29,
1953, at a duly announced membership meeting attended by approxi-
mately 75 members, in contrast with a usual membership attendance
of 25 to 30, the subject of disaffiliation was again presented and a
motion to disaffiliate was given unanimous approval. Thereafter the
group voted to affiliate with the UAW-CIO, retaining all officers
formerly elected as officers of Local 109, FE-UE, with the exception
of two individuals who had refused to execute new non-Communist
affidavits.
In the meantime, several International representatives of the UE,
learning of the disaffiliation move, and having conferred with several
former officers of the Local and with the two current officers who
were out of sympathy with the disaffiliation move, called a meeting
for August 13, 1953. At this meeting, it was decided to elect new
temporary officers to carry on the business of Local 109, FE-UE, as
replacement for those officers who were supporting the disaffiliation.
This objective was purportedly accomplished at a membership meet-
ing called by the UE representatives on August 14,1953.
The record discloses that notwithstanding the efforts of the UE
International representatives to revive the UE Local through the
appointment of temporary officers, the group engaging in the disaffilia-
tion, now known as FE Local 109, UAW-CIO, has taken possession
of the Local's offices and files, demanded recognition from the Em-
ployer, and holds regular membership meetings. On the other hand,
the group reestablished by the UE International representatives, now
known as Local 109, FE-UE, has obtained other quarters for meet-
ings, processes grievances and has obtained superseniority from the
Employer for its list of officers. The Employer has refused to recog-
nize the disaffiliated group, as it regards itself bound by the contract
and is holding all checked-off dues, but otherwise takes no position
on the schism issue presented in this proceeding. The two groups are
4 The UE urges that certain other dissatisfactions rather than the Communist dom-
ination issue were the cause of the disaffiliation action by the Local, and that in any
event the matters relating to the 1949 CIO convention may not be considered here because
of the intervening certification. We find no merit in these contentions. See International
Harvester Company, East Moline Works, 108 NLRB 600.
338207-55-vol. 110-80
1250 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
currently disputing in the courts over property rights, and rights to
checked-off dues, with several injunctions outstanding.
- We have examined the facts presented in this case in 'the light of
the schism doctrine, and conclude that the disaffiliation action by Local
109, FE-UE, for reasons related to the expulsion of FE and UE by
their parent organization, the CIO, creates such confusion that the
existing contract between the Employer and FE-UE no longer sta-
bilizes industrial relations. Under all the circumstances of this case,
we find that a schism exists which warrants directing an immediate
election without determining whether the existing contract would
otherwise bar a determination of representatives. Accordingly, we
find that the current contract between the Employer and the Inter-
venor does not bar this proceeding.5
We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The parties agree that the production and maintenance unit
sought by FE Local 109, UAW--CIO, is appropriates However, as
noted infra, Local No. 1 would sever from the machinist multidepart-
mental unit, department 27, as a tool and die unit. The other parties
to the proceeding oppose severance on the grounds : (1) That employ-
ees in departments 19 and 57, included in the unit from which sever-
ance is sought, have comparable skills in related crafts; (2) that a
degree of interchangeability and integration exists, particularly with
employees in department 57, precluding severance; and (3) that Local
No. 1 does not meet the traditional union test enunciated by the Board
in the American Potash & Chemical Corporation decision?
The Board is desirous of giving further consideration to the request
of Local No. 1 for the severance of department 27 from the present
unit embracing departments 19, 27, and 57. However, we shall not
delay the election in the larger unit of production and maintenance
employees sought by the petition in Case No. 13-RC-3911, but shall
direct an immediate election in that case, and shall dispose of the
appropriate unit issues raised in Cases Nos. 13-RC-3910 and 39-RC-
3977 in due course by a supplemental decision.
6 See A C. Lawrence Company, 108 NLRB 546; International Harvester Company,
East Moline Works, footnote 4, supra. Member Rodgers concurs in the Direction of
Election herein, but finds it unnecessary to decide whether there has been a schism.
Instead, he would refuse to recognize the contract of the Intervenor as a bar for reasons
of broad public policy. Local 109's parent organization , the UE, was expelled from the
Congress of Industrial Organizations because of Communist domination. Under these
circumstances the availability of the Board' s processes to the Intervenor would not, in
Member Rodgers ' opinion, effectuate the policies of the Act nor properly serve the in-
terests of national security,
9 This unit , and the machinist multidepartmental unit sought by the UAW-CIO are the
same as the units previously certified by the Board.
7107 NLRB 1418.
READY MIXED CONCRETE COMPANY 1251
We find that the following employees of the Employer at its Farm-
all Works at Rock Island, Illinois, constitute a unit appropriate for
purposes of collective bargaining within the meaning of Section 9 (b)
df the Act :
All production and maintenance employees excluding salaried
employees, supervisory employees on hourly rates above the rank of
working group leaders, factory clerical employees, office clerical
employees, student executives, plant protection employees (except
production and maintenance employees who act as volunteer firemen),
patternmakers and patternmaker apprentices, employees of the elec-
trical department (department 58) including lamp cleaners, all
employees of the toolroom, department 27, machine repair, depart-
ment 57, and machine repair, department 19.
[Text of Direction of Election e omitted from publication.]
MEMBERS MURDOCK and BEESON took no part in the consideration
of the above Decision and Direction of Election.
"We find no merit in Intervenor 's contention that the designation of the UAW-CIO
local on the ballot as FE Local 109 will create confusion in the minds of the voters as
to the identity of the participants in the election . Accordingly , the Petitioner shall
appear on the ballot as in the caption herein. See , International Harvester Company,
East Moline Works, footnote 4, supra.
READY MIXED CONCRETE COMPANY and INTERNATIONAL BROTHERHOOD
OF TEAMSTERS , CHAUFFEURS , WAREHOUSEMEN . AND HELPERS OF
AMERICA, CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL No. 608,
A. F. L. Case No.17-RC-1792. December 8,1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Harry Irwig, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer, a Nebraska corporation, is engaged in the process-
ing and sale of ready-mixed concrete. During the year 1953, the
Employer made sales valued at approximately $1,219,000, approxi-
mately $344,000 of which went into building construction work at the
Lincoln Air Force Base, near Lincoln, Nebraska."
Upon these facts, we find that the Employer is engaged in commerce
within the meaning of the Act, and we further find, in accordance with
1 The Employer maintains , in addition to its main plant in Lincoln , a secondary plant
just outside the Lincoln Air Force Base to supply contractors at the Lincoln Air Force
Base.
110 NT ,RB No. 202.