International Harvester Co.

National Labor Relations Board - Board Decisions

Feb 25, 1958

119 N.L.R.B. 1709 (N.L.R.B. 1958)

INTERNATIONAL HARVESTER COMPANY 1709
of their own choosing , and to engage in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection , and to refrain from
any or all of such activities except to the extent that such right may be affected
by an agreement requiring membership in a labor organization as a condition
of employment , as authorized in Section 8 (a) (3) of the Act.
WE WILL offer to William A . Stewart immediate and full reinstatement to
his former or substantially equivalent position without prejudice to any seniority
or other rights and privileges previously enjoyed, and make him whole for
any loss of pay suffered as a result of the discrimination against him.
All our employees are free to become , remain , or to refrain from becoming or
remaining members in good standing in the above -named Union or any other labor
organization , except to the extent that this right may be affected by an agreement in
conformity with Section 8 (a) (3) of the Act.
WAYNLINE, INC.,
Employer.
Dated------------------- By-------------------------------------------
(Representative ) ( Title)
This notice must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.
International Harvester Company and International Associa-
tion of Machinists for and in behalf of District No. 94, Local
No. 1186, AFL-CIO, Petitioner. Case No. 21-RC-4931. Febru-
ary 25, 1958
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 William G. Wilkerson,
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 organization involved claims 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.
4. Petitioner seeks to represent a group of automotive mechanics,
their helpers, and apprentices at the Employer's truck service and
sales branch at Montebello, California, excluding all other employees,
on the ground that these employees constitute a craft. The Employer
agrees with the Petitioner as to the craft status of the mechanics.
Because of our prior decisions,' in which the Board held that auto-
motive mechanics were not craftsmen, we granted the Petitioner's
request for oral argument.2 Insofar as our decision herein is
inconsistent with these prior cases, they are hereby overruled.
'Armour & Company, 110 NLRB 587 ; Gulf 0sl Corporation, 108 NLRB 162; Key
System Transit Lines, 105 NLRB 526; C . K. Williams & Co., 106 NLRB 219.
2The Petitioner 's motion was granted on January 2 and oral argument heard on
January 16 , 1958 The notice of hearing was sent to American Federation of Labor and
119 NLRB No. 218.
1710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer is engaged in the manufacture, sale, and service of
automotive trucks, with over 200 branches throughout the United
States. The branch herein involved is a new installation which has,,
as yet, had no history of collective bargaining. The Petitioner has-
contracts with the Employer representing craft groups as herein
sought covering 2,271 employees in some 112 branches.
We agree with the contention of the parties that the present-day-
automotive engine is a highly complex and complicated machine and`
that it requires increasing know-how and more skill to adjust and
maintain this machine. To this end and because of the shortage of
mechanics, particularly since World War II, the Employer instituted,.
in 1951, a detailed apprenticeship program. This program requires
the apprentice to devote 8,000 hours, the equivalent of 4 years, in learn-
ing the trade, 7,400 hours of which must be spent in the shop and the
remainder in related classroom instruction. The apprentice must
learn to use numerous kinds of tools, including handtools, machine
tools, measuring devices, wrenches, jacks, wheel-removing tools, valve-
grinding equipment, electronic and hydraulic equipment, electrical
equipment, diagnostic equipment, etc. He must learn to work at
close tolerances. The program is aimed at giving the apprentice a
rounded experience in every phase of motor truck service, and to
understand every part of the engine, steering gears, fuel systems,.
brake systems, axles, etc. In order to assist supervisors in adminis-
tering the apprenticeship program, the Employer has published a
detailed service manual giving explicit instructions on how to conduct
the program. The program has been approved by the United States
Bureau of Apprenticeship, which considered the program a milestone
in the development of apprenticeship standards in the automotive
field. The program has also been approved by similar administrative
agencies in some 12 States.
After the completion of the program and 2 years of experience, the
apprentice is classified as Mechanic Class 11.3 Thereafter,' with
greater experience, he is classified as Mechanic No. I. Ths latter class
mechanic must know how to assemble and disassemble each and every
part of the truck and to diagnose any failure or breakdown in the
machinery whether mechanical or electrical.
Congress of Industrial Organizations with the suggestion that it be brought to the atten-
tion of the Industrial Union Department of the AFL-CIO and any other affiliate or depart-
ment of the AFL-CIO which may have an interest in this case. The notice was also sent
to the United States Chamber of Commerce and the National Association of Manufacturers
with the suggestion that it be brought to the attention of any employer groups which may
have an interest in the issues in this case. The notice of hearing also provided that any
organization or group which desired to intervene for purposes of oral argument should
apply in writing to the Executive Secretary on or before January 10, 1958, stating the
basis of its interest and serving a copy of its request upon the Petitioner and the
Employer who are the only parties to this proceeding. The only organization which re-
sponded to this notice was the National Association of Manufacturers which filed a brief
as amicus curiae.
3If an apprentice can prove prior experience, he is given credit for such work.
GOLDBLATT BROS., INC. 1711:
The Petitioner would not include the parts men in the proposed
craft unit. These men work in a separate part of the shop and are
under separate supervision. Their function is to stock International
truck parts and sell them. There is no interchange with the mechanics
or helpers and they progress through the parts department.
We find, on the basis of the uncontradicted record in this case, that,
the mechanics herein sought are practitioners of the same craft and
that they are primarily engaged in the performance of tasks requiring
the use of craft skills. We also find that the Petitioner is the organi-
zation which has traditionally represented such craft. Therefore, in.
accordance with the principles laid down in American Potash
Chemical Corporation,4 we find that the employees herein sought are
craftsmen and that the Petitioner may represent them as such. We
also find, in accordance with that decision, that the parts men, although,
working in association with the craftsmen, are not in direct line of
progression in the craft nor do they exercise craft skills, and we shall;
therefore exclude them from the unit.
In accordance with the stipulation of the parties, we find that all
automotive mechanics, helpers, and apprentices employed at the
Employer's Montebello, California, truck branch, excluding all other
employees, all office clerical employees, watchmen, guards, profes-
sional employees, and all supervisors as defined in the Act, constitute
a unit appropriate for the purpose of collective bargaining within.
the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
MEMBER JENriNS, concurring :
I am of the opinion that as the unit sought herein is the traditional
unit recognized by the Employer for many years, there is no necessity:
for considering the issue of craft status in this proceeding.
4107 NLRB 1415.
Goldblatt Bros ., Inc. and Retail Clerks Union Local 1460, Re
tail Clerks International Union, AFL -CIO. Case No. 13-RC-.
5286. February 25, 1958
SUPPLEMENTAL DECISION AND CERTIFICATION
OF RESULTS OF ELECTION
Pursuant to a Decision and Direction of Election 1 issued on July 11,.,
1957, an election by secret ballot was conducted on August 8, 1957,
under the direction and supervision of the Regional Director for the,
1118 NLRB 643.
119 NLRB No. 215.