International Harvester Co. of America

National Labor Relations Board - Board Decisions

Aug 7, 1941

33 N.L.R.B. 1243 (N.L.R.B. 1941)

In the Matter of INTERNATIONAL HARVESTER COMPANY OF AMERICA' and
INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA,
LOCAL 687 (A. F. L.)
Case No. R-2780-Decided August 7,1941 -
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mr. Robert R. Rissman and Mr. James M. Shields, for the Board.
Mr. R. E. Solbrog, of Sioux Falls, S. Dak., and Mr. R. T. Robinson,
of Chicago, Ill., for the Company.
Mr. Spencer W. Aust, of Sioux Falls, S. Dak., and Mr. George Kieb-
ler, of Milwaukee, Wis., for the Union.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 7, 1941, International Union, United Automobile Workers
of America, Local 687 (A. F. of L.), herein called the Union, filed with
the Regional Director for the Eighteenth Region (Minneapolis, Min-
nesota) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of International
Harvester Company of America, herein called the Company, at its
Sioux Falls, South Dakota Branch, engaged in the sale, distribution,
and service of motor trucks, farm and industrial equipment, and sale of
parts therefor at Sioux Falls, South Dakota, and requesting an in-
vestigation and certification of representatives, pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called the
Act.
On July 8,1941, the Union, the Company, and a Board representative
entered into a "STIPULATION FOR CERTIFICATION UPON
CONSENT ELECTION." Pursuant to the Stipulation, an election
by secret ballot was conducted on July 9, 1941, under the direction and
supervision of the Regional Director, among all employees of the
motor truck department of the Sioux Falls, South Dakota Branch of
the Company, excluding clerks, salesmen, foremen, and department
33 N. L. R. B., No. 208.
1243
1244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
heads, to determine whether or not said employees desired to be rep-
resented by the Union. .
On July 11, 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 au-
thorized the Regional Director to conduct it and to provide for an ap-
propriate hearing upon due notice. On July 12, 1941, the Regional
Director signed and approved the above-mentioned Stipulation. On
July 15, 1941, the Regional Director issued and duly served upon the
parties his Election Report. 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 balloting and its results :
Total on eligibility list________________________________________ 13
Total ballots cast____________________________________________ 13
Total ballots challenged______________________________________ 0
Total blank ballots___________________________________________ 0
Total void ballots_____________________________________________ 0
Total valid votes cast_________________________________________ 13
Votes cast for international Union, United Automobile Workers
of America, Local 687, A. F. of L____________________________ 11
Votes cast against International Union, United Automobile Work-
ers of America , Local 687, A. F. of L________________________ 2
Upon the basis of the Stipulation, the Election Report, and the en-
,.ire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of International Harvester Company of Amer-
ica at its Sioux Falls, South Dakota Branch, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Re-
lations Act.
2. All employees of the motor truck department of the Sioux Falls,
South Dakota Branch of the Company, excluding clerks, salesmen,
foremen, and department heads, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the National Labor Relations Act.
3. International Union, United Automobile Workers of America,
Local 687 (A. F. of L.), has been designated and selected by a ma-
jority of the employees in the above unit as their representative for
the purposes of collective bargaining, and is the exclusive represent-
ative of all the employees in said unit, within the meaning of Section
9 (a) of the National Labor Relations Act.
INTERNATIONAL HARVESTER COMPANY OF AMERICA 1245
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.
IT is HEREBY CERTIFIED that International Union, United Automobile
Workers of America, Local 687 (A. F. of L.), has been designated
and selected by a majority of all employees of the motor truck de-
partment of the Sioux Falls, South Dakota Branch of International
Harvester Company of America, excluding clerks, salesmen , foremen,
and department heads, as their representative for the purposes of col-
lective bargaining, and that International Union, United Automobile
Workers of America, Local 687 (A. F. of L.), is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment.