J. I. Case Co.

National Labor Relations Board - Board Decisions

Sep 28, 1948

79 N.L.R.B. 1070 (N.L.R.B. 1948)

in the Matter of J. I. CASE COMPANY, EMPLOYER and INTERNATIONAL
ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 18-RC-139.-Decided September 28, 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
-rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
-this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in the case, the Board finds the following :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent the
'employees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section
: (c) (1) and Section 2 (6) and (7) of the Act.,'
4. The appropriate units; the determination of representatives :
The Petitioner seeks a unit of the Employer's tool and die makers,
toolroom machine operators, tool and die heat treaters, tool and die
makers' apprentices, toolroom crib attendants and their leadermen,
toolroom helpers, die sinkers, die finishers, inspectors on dies, tools,
*Chairman Herzog and Members Houston and Reynolds.
1 The Employer moved to dismiss the petition herein upon the ground that the showing
of interest of the various labor organizations involved here were not made part of the
record in this proceeding ; and therefore it had no opportunity to verify whether such
showing was sufficient . We have repeatedly held that the question of whether or not any
participating labor organization in a representation proceeding has made a sufficient prima
facie showing of interest is an administrative matter, and is not subject to direct or col-
lateral attack by any parties thereto. The motion is hereby denied . See Matter of Dick-
son-Jenkans Manufacturing Company, 76 N. L. R. B . 449; Matter of Sun-Ray 047 Corpora-
tion, 76 N. L. R. B. 970.
79 N. L. R. B., No. 142.
1070
J. I. CASE COMPANY 1071
-and jigs, and tool welders, all of whom compose Department 84 of the
Employer's Bettendorf, Iowa, plant. International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, UAW-CIO, herein called the UAW-CIO, seeks all the Employers
employees in a plant-wide unit. International Union, United Farm
Equipment and Metal Workers of America, CIO, herein called the FE,
also seeks a unit of all the Employer's employees in a plant-wide unit,
except that it agrees with the Petitioner that the tool and die makers
should be given an opportunity to express their desire as to whether or
not they wish to be represented in a separate craft unit.2 The Em-
ployer has had no past collective bargaining history with the employees
in this plant, and takes no position with respect to the appropriateness
-of any of the units sought herein.
The unit sought by the Petitioner is substantially a traditional craft
.group, separately supervised and located, which the Board has estab-
lished on numerous occasions in separate craft units for the purposes
of collective bargaining." In view of the foregoing, we believe that
the employees claimed by the Petitioner may, if they so desire, con-
stitute an appropriate unit.
However, we shall make no final unit determination at this time,
but shall be guided in part by the desires of these employees as ex-
pressed in the elections hereinafter directed. If a majority of the em-
ployees sought by the Petitioner vote for it, they will be taken to have
indicated their desire to constitute a separate appropriate bargaining
unit.
We shall direct that separate elections by secret ballot be held among
the employees at the Employer's Bettendorf, Iowa, plant within the
following voting groups, excluding all plant-protection employees,
professional employees, technical and clerical employees, and all super-
visors as defined by the Act :
1. All tool and die makers, toolroom machine operators, tool and die
heat treaters, tool and die makers' apprentices, toolroom crib attend-
ants and their leadermen, toolroom helpers, die sinkers, die finishers,
inspectors on dies, tools and jigs, and tool welders, all of whom work
in Department 84 of the Employer's plant.
2. All remaining production and maintenance employees.
8 Although the FE primarily seeks a plant-wide unit , it also indicated a desire to repre-
sent the employees in the Employer 's foundry on a craft basis. Inasmuch as the foundry
employees are appropriately included in the larger unit sought, we find it unnecessary to
pass upon the FE's other position.
8 Matter of Robertshaw-Fulton Controls Company, 77 N. L . R. B. 316 ; Matter of Dazey
Corporation, 77 N. L. R B. 408 ; and Matter of The John Deere Dubuque Tractor Works,
77 N. L. R. B. 1424.
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS 4
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, elections by secret
ballot shall be conducted as early as possible, but not later than 30 days
from the date of this Direction,, under the direction and supervision
of the Regional Director for the Region in which this case was heard,
and subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, as amended, among the em-
ployees in the voting groups described in paragraph 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during the
said pay-roll period because they were ill or on vacation or temporarily
laid off, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of these elections, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether :
(1) The employees in Group 1 desire to be represented, for the pur-
poses of collective bargaining, by International Association of
Machinists; or by International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, UAW-CIO ; or by
International Union, United Farm Equipment and Metal Workers
of America, CIO; or by none of them;
(2) The employees in Group 2 desire to be represented, for pur-
poses of collective bargaining, by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
UAW-CIO ; or by International Union, United Farm Equipment and
Metal Workers of America, CIO; or by neither.
4 Any participant in the elections directed herein may , upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.