J. I. Case Co.

National Labor Relations Board - Board Decisions

Jun 12, 1940

24 N.L.R.B. 606 (N.L.R.B. 1940)

In the Matter of J. I. CASE COMPANY and PATTERN MAKERS LEAGUE
OF NORTH AMERICA AND PATTERN MAKERS ASSOCIATION OF QUAD
CITIES AND VICINITY, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR
Case No. R-1858.-Decided June 12, 1940
Farm Machine and Implements Manufacturing Industrg-Investigation of
Representatives : controversy concerning representation of employees : refusal
by employer to recognize union as exclusive representative-Individual Con-
tracts: held no bar to proceeding - Unit Appropriate for Collective Bargaining:
all pattern makers and pattern makers ' apprentices ; no contest-Election
Ordered
Mr. Charles F. McErlean, for the Board.
Mr. Clark M. Robertson, of Milwaukee, Wis., for the Company.
Mr. Roy E. Rogers, of Hammond, Ind., for the Pattern Makers.
Mr. Emil Costello and Mr. Victor ,Roose, of Moline, Ill., for the
Committee.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 19, 1940, Pattern Makers League of North America
and Pattern Makers Association of Quad Cities and Vicinity, herein
called the Pattern Makers, filed with the Regional Director for the
Thirteenth Region (Chicago, Illinois) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of J. I. Case Company, Rock Island, Illinois,
herein called the Company, 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 May 13, 1940, 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
24 N. L. R. B., No. 59.
606
J. I. CASE COMPANY 607
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On May 15, 1940, the Regional Director issued a notice of hearing,,
copies of which were duly served upon the Company, the Pattern
Makers, and upon Farm Equipment Workers Organizing Committee,
herein called the Committee. Pursuant to the notice, a hearing was
held on May 27, 1940, at Rock Island, Illinois, before Garnet L.
Patterson, the Trial Examiner duly designated by the Board. The
Board, the Company, the Pattern Makers, and the Committee were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
J. I. Case Company, a Wisconsin corporation, operates a plant at
Rock Island, Illinois, where it, is engaged in the business of manu-
facturing farm machinery and implements. Raw materials valued
at approximately $1,000,000 were used in the manufacturing processes
carried on by the Company at its Rock Island plant during 1939,
approximately 80 per cent of which were shipped to it from points
outside the State of Illinois. During the same period, the Company
sold products valued in excess of $2,000,000, of which approximately
80 per cent were shipped to points outside the State of Illinois.
If. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America and Pattern Makers
Association of Quad Cities and Vicinity are labor organizations affili-
ated with the American Federation of Labor, admitting to member-
ship the pattern makers and pattern makers' apprentices at the
Company's Rock Island plant.
Farm Equipment Workers Organizing Committee is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
It admits to membership production employees at the Company's
Rock Island plant, excluding pattern makers and pattern makers'
apprentices.
608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On January 9, 1940, the Pattern Makers, claiming to represent a
majority of the pattern makers and pattern makers' apprentices in
the Company's Rock Island plant, requested the Company to bargain
with it as the exclusive representative of these employees. On April
11, 1940, the Company stated that it had individual contracts with
its pattern makers and pattern makers' apprentices which would not
expire until October 31, 1940, and that it had doubts as to the appro-
priateness of the unit urged by the Pattern Makers.
The Company maintains that the individual contracts mentioned
above constitute a bar to a present determination of representatives.
The fact that an employee signs an individual contract of employ-
ment cannot be held to reflect the desires of such employee regarding
representation and does not constitute any bar to collective bar-
gaining on his behalf.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Pattern Makers urges that all pattern makers and pattern
makers' apprentices in the Rock Island plant of the Company con-
stitute a unit appropriate for the purposes of collective bargaining.
The Committee stated that it did not claim to represent any of the
employees claimed by the Pattern Makers and that it did not oppose
the unit desired by it. The Company did not state any position
with reference to the appropriate unit. We see no reason for not
finding the craft unit urged by the Pattern Makers appropriate.
We find that all pattern makers and pattern makers' apprentices
in the Rock Island plant of the Company constitute a unit appro-
' See Matter of The Gates Rubber Company and Denver Printing Pressmen and As-
sistants Union No. 40 and Denver Typographical Union No. 49, 8 N. L. R . B. 303; Matter
of Norman H . Stone, Marvin H. Stone, and Jerome H. Stone, Jr., doing business as
J. H. Stone & Sons and International Printing Pressmen and Assistants' Union, Boa, and
Carton Local # 415, 22 N. L. R. B. 850.
J. I. CASE COMPANY 609
priate for the purposes of collective bargaining and that said unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company introduced in evidence a. list of pattern makers and
pattern makers' apprentices employed during the period from Jan-
uary 1 to May'22, 1940. This list shows that the Company at present
employs six employees in the appropriate unit. In support of its
claim to majority representation, the Pattern Makers produced appli-
cations for membership in the Pattern Makers signed by five of
the six employees in the appropriate unit. The Company objected
to these applications serving as a basis for the certification of the
Pattern Makers without an election. Under these circumstances, we
believe that the question concerning representation can best be
resolved by means of an election by secret ballot.2
We shall direct that the employees of the Company eligible to vote
in the election shall be those in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date of
our Direction of Election herein, including employees who did not
work during such pay-roll period because they were ill or on vacation
and employees who were then or have since been temporarily laid
off, but excluding those employees who have since quit or been
discharged for cause.
Upon the basis of the above findings of fact and the entire record
in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of J. I. Case Company, Rock Island, Illi-
nois, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All pattern makers and pattern makers' apprentices in the
Rock Island plant of the Company constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
2 See Matter of Armour d Company and United Packinghouse Workers, Local Indu3trial
Union No. 13 of Packinghonse Workers Organii.zng Committee, affiliated with C. I. 0.,
13 N. L. R. B. 567.
610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
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, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and. Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with J. I. Case Company, Rock Island, Illinois, an election by
secret ballot shall. be conducted as early as possible, but not later
than thirty (30) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all the pattern makers and pattern makers'
apprentices in the Rock Island plant of the Company who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during
such pay-roll period because they were ill or on vacation and em-
ployees who were then or have since been temporarily laid off, but
excluding employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Pattern Makers League of North America and Pattern Makers
Association of Quad Cities and Vicinity, affiliated with the American
Federation of Labor, for the purposes of collective bargaining. .