International Harvester Co.

National Labor Relations Board - Board Decisions

May 9, 1941

31 N.L.R.B. 700 (N.L.R.B. 1941)

In the Matter Of INTERNATIONAL HARVESTER COMPANY, PITTSBURGH
TRUCK BRANCH and TAXICAB DRIVERS AND GARAGE EMPLOYEES,
LOCAL UNION No. 128, AFFILIATED WITH THE A. F. OF L.
In the Matter Of INTERNATIONAL HARVESTER COMPANY and I. H. C.
EMPLOYEES' INDEPENDENT UNION
Cases Nos. R-2197 and B-2498.-Decided May 9, 1941
Investigation and Certification of Representatives : stipulation for certification
"upon consent election.
Mr. Robert H. Kleeb, for the Board.
Mr. M. J. McCahill, of Pittsburgh, Pa., for the Company.
Mr. Daniel'DeGregory, of Pittsburgh, Pa., for Local 128.
Mr. Alden E. Carson, of Pittsburgh, Pa., for the Independent.
Mr. Harold Weston, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES'
On February 14 and 24, 1941, respectively, Taxicab Drivers and
Garage Employees, Local Union No. 128, affiliated with the American
Federation of Labor, herein called Local 128, filed with the Regional
Director for the Sixth Region (Pittsburgh, Pennsylvania) a peti-
tion and amended petition, and on February 25, 1941, I. H.'C:,Eth-
ployees' Independent Union, herein called the Independent, filed 'a
petition, with the 'Regional Director, each alleging that. a. question
affecting commerce had arisen concerning, the representation of em=
ployees of International Harvester Company, Pittsburgh,. Truck
Branch, herein called the Company, engaged at Pittsburgh,' Pennsyl-
vania, in' the sale and service of motor trucks and the sale of motor
truck parts, and requesting an investigation and certification of
representatives, pursuant to Section 9 _(c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act.
On February 27, 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 investigation and
authorized the Regional Director to conduct it and to- provide for
31 N. L. R. B , No. 117.
700
INTERNATIONAL 'HARVESTER COMPANY 701
an appropriate hearing upon due notice, and, acting pursuant , to
Article III,•Section 10 (c) (2), of the said Rules and Regulations,
ordered -that the two cases be consolidated. On March 8, 1941, the
Company, Local 128, the Independent, and the Regional Director
entered into a "STIPULATION FOR CERTIFICATION UPON
CONSENT ELECTION." - ,
Pursuant to the stipulation, elections by secret ballot were con-
ducted on March 21, 1941, under the direction and supervision of
the Regional Director, among employees within the following two
units, hereinafter called, respectively, Units I and II :
'I. All, the mechanics and mechanics' helpers at the Company's
Pittsburgh Truck Branch, excluding supervisory employees, clerical'
workers, and salesmen, to determine whether or not said employees
desire to be represented by the Independent. -
II. All the warehousemen, automotive parts men, watchmen, and
janitors at the Company's Pittsburgh Truck Branch, excluding
mechanics, mechanics' helpers, supervisory employees,- clerical
workers, and salesmen, to determine whether they desire to be rep-
resented by the Independent, Local 128, or neither.
' On April 16, 1941, the Regional Director issued and duly served
upon the parties his Election Report on the ballot. No objections
to the conduct of the ballot or the Election Report have. been filed by
any of the parties. '
• In his Election Report, the Regional Director reported as -follows-
concerning the ballot and its results:' '
Unit I: - ' •
Total eligible to vote__________________________________ 29
Total number of ballots cast ------------- '--------------- 27
Total number of ballots cast in favor of I. H C. Em-
ployees" Independent Union --------------------------- 27
Total number of ballots cast against I. H. C. Employees'
Independent Union ---------------------------------- 0
Total number of blank ballots__________________________
Total number of void ballots`_________
Total number of challenged ballots________________
Unit II:
0
Total eligible to vote__________________________________' 22,
Total number of ballots cast______________ - ,1s
' -Total number of ballots cast for I. H. C. Employees ,
Independent Union__________________________________
Total number of ballots cast for Taxicab Drivers and
Garage Employees, Local Union No. 128, affiliated with
the A: F. of L------=--"----------------------------
Total number of ballots cast for -Neither organization__ -
Total,number of blank ballots_________________________
11
Total number of ,void ballots______________________ " • '0
Total number of challenged ballots_______________ 0
"102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of International Harvester Company, Pitts-
burgh Truck Branch, Pittsburgh, Pennsylvania, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All mechanics and mechanics' helpers employed by the Company
at its Pittsburgh Truck Branch, excluding supervisory and clerical
employees and salesmen, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9. (b)
of the National Labor Relations Act.
3. All warehousemen, automotive parts men, watchmen, and jani-
tors employed by the Company at its Pittsburgh Truck Branch,
excluding mechanics, mechanics' helpers, supervisory and clerical
employees, and salesmen, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
4. I. H. C. Employees' Independent Union has been designated
and selected by a majority of the employees in the above units as
their representative for the purposes of collective bargaining, and is
the exclusive representative of all the employees in said units within
the meaning 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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that I. H. C. Employees' Independent Union
has been designated and selected by a majority of all mechanics and
mechanics' helpers employed- by International Harvester Company
at its Pittsburgh Truck Branch, Pittsburgh, Pennsylvania, excluding
supervisory and clerical employees, and salesmen, as their representa-
tive for the purposes of collective bargaining, and that pursuant to
the provision of Section 9 (a) of the Act, I. H. C. Employees' Inde-
pendent Union 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.
INTERNATIONAL HARVESTER COMPANY 703
IT IS HEREBY CERTIFIED that I. H. C. Employees' Independent Union
has been designated and selected by a majority of all warehousemen,
automotive parts men, watchmen, and janitors employed by Inter-
national Harvester Company at its Pittsburgh Truck Branch, Pitts-
burgh, Pennsylvania, excluding mechanics, mechanics' helpers, super-
visory and clerical employees, and salesmen, as their representative
for the purposes of collective bargaining, and that pursuant to the
provision of Section 9 (a) of the Act, I. H. C. Employees' Inde-
pendent Union 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.