J. I. Case Co.

National Labor Relations Board - Board Decisions

Nov 9, 1948

80 N.L.R.B. 223 (N.L.R.B. 1948)

In the Matter of J . I. CASE COMPANY, EMPLOYER and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS & HELPERS, LOCAL-
645, AFL, PETITIONER
Case Yo. 20-RC-181.-Decided November 9, 1948
DECISION
AND
DIRECTION OF ELECTION
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.* 2
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization named below claims to represent em-
ployees of the Employer.3
3. A question affecting commerce exists concerning the representa-
tion of the employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
The Employer moved to dismiss the petition on the grounds that (1) the unit sought
violates the jurisdictional provisions in the Petitioner's constitution, and (2) that there
was no demand upon the Employer by the Petitioner for recognition prior to the filing
of the petition These motions are denied because (a) we will not Inquire into a Union's
constitution in the absence of proof that such Union will not accord effective representa-
tion, Matter of The Baldwin Locomotive Works, 76 N. L. R. B 922; and (b) it is suf-
ficient that the petitioning Union's status as a bargaining representative Is disputed as
of the date of the hearing and that recognition depends upon certification by the Board.
Matter of Advance Pattern Company, 80 N L R. B 29 (on reconsideration).
*Chairman Herzog and Members Houston and Gray.
'The Employer's motion that the Board disclose to it the contents of (a) the Field
Examiner's report of his Investigation of the petition, and (b) the hearing oMce'r s report,
is denied for the reasons stated in earlier cases Matter of Alabama Te.Vile eotperation,
7:1 N. L.R B 1192.
'The Employer moved to dismiss the petition on the ground that no showing of repre-
sentative interest was made at the hearing ']`his motion is denied. The Petitioner's
showing of representation is solely a matter of administrative procedure to be determined
by the Board itself. Matter of Binns Passaic Iron ab Braga Foundry, 77 N. L. B. B. 380.
80 N. L. R. B . No. 46.
223
224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The appropriate unit:
The Petitioner seeks a unit composed of all production and mainte-
nance employees at the Employer's Stockton, California, plant, in-
cluding the employees in the experiment division. The Employer
would exclude from the unit the employees in the experiment division.
The Employer is engaged in the manufacture of disc harrows at
the plant herein involved. In addition to the production and mainte-
nance employees, the Employer presently employs 11 employees in
its experimental division. These employees build experimental ma-
chines, tools, and parts. They perform their own maintenance work.
As the experiment division employees perform work involving the use
of similar skills, possess the same general interests, and are subject
to the same working conditions and benefits, as the production and
maintenance employees, we shall include them in the unit herein
found appropriate.'
We find that all production and maintenance employees at the
Employer's Stockton, California, plant, including employees in the
experiment division, but excluding office, office clerical, and profes-
sional employees, guards, and all supervisors, constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purpose of collective bargaining with the Employer, an election 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 super-
vision 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 employees in the unit found appropriate in paragraph numbered
4, above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were in
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 the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining, by International Brotherhood of Blacksmiths,
Drop Forgers & Helpers, Local 645, AFL.
4 See Matter of Kansas City Power and L2gh.t Company, 75 N. L. R. B. 609.