J. I. Case Co.

National Labor Relations Board - Board Decisions

Nov 9, 1948

80 N.L.R.B. 217 (N.L.R.B. 1948)

In the Matter of J. I. CASE COMPANY, EMPLOYER and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, AFL,
PETITIONER
In the Matter of J. I. CASE COMPANY, EMPLOYER and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (UAW-CIO), PETITIONER
In the Matter of J. I. CASE COMPANY, EMPLOYER and INTERNATIONAL
MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL,
PETITIONER
In the Matter of J. I. CASE COMPANY, EMPLOYER and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE No. 201, PETITIONER
Cases Nos. 10-RC-103, 10-RC-117, 10-RC-123, and 10-RC-124, re-
spectively.-Decided November 9, 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated 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.
Upon the entire record in the case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. International Brotherhood of Blacksmiths , Drop Forgers and
Helpers, affiliated with the American Federation of Labor, herein
called the Blacksmiths; International Union, United Automobile,
Aircraft , and Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations , herein called the
UATV-CIO; International Molders and Foundry Workers Union of
North America, affiliated with the American Federation of Labor,
herein called the Molders ; and International Association of Ma-
chinists , Lodge No . 291, herein called the I. A. M., are labor organiza-
tions claiming to represent employees of the Employer.
80 N. L. R. B., No. 45.
217
218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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. The appropriate units; the determination of representatives :
a. The contentions of the parties
The I. A. M. seeks all machine shop and pattern shop employees at
the Employer's Anniston, Alabama, plant, including tool and die
makers, patternmakers, machinists, millwrights, maintenance welders,
machine operators in the machine shop, grinders and braziers, a loco-
motive crane operator, a garage mechanic, and apprentices, but ex-
cluding clerical employees, watchmen, guards, professional employees,
and supervisors, as defined in the Act.
The Molders seek a unit of all the employees at the Employer's
Anniston plant working in the foundry, Department 0, the core
room, Department P, the cleaning room, Department N, and the
material storage room, Department Q, including two inspectors as-
signed to Departments 0 and N, but excluding employees in all other
departments, watchmen, clerical and professional employees, and
supervisors as defined in the Act.
The Blacksmiths seek a unit of all the employees at the Employer's
Anniston plant working in the paint shop, Department A, assembly
and paint shop, Department B, punch and shear, Department C, forge
shop, Department D, drill machine shop, Department E, shipping
room, Department F, heat treating, Department J, case cleaning,
Department U. but excluding employees in all other departments,
guards , professional employees, and supervisors as defined in the
Act.
1 The Employer moved to dismiss the petitions upon the following grounds : (1) the
petition in Case No 10-RC-117 reveals on its face that the UAW -CIO, contrary to the
requirements set forth in Matter of Advance Pattern Company, 79 N. L. it. B., 209,
did not notify the Employer of its representation claim, and the Employer did not refuse
to recognize it prior to the filing of this petition ; ( 2) the Petitioner 's showing of interest
was not made part of the record ; and ( 3) the hearing officer's analysis of the record
was not furnished to the parties for inspection.
With respect to the first contention , we have reconsidered the decision in Matter of
Advance Pattern Company , supra, and we have reversed our holding therein. See Matter
of Advance Pattern Company , 20-RC-116, Supplemental Decision , Order, and Direction of
Election, issued October 28, 1948 ( 80 N. L. R B. 29 ) We find the second contention
without merit for the reasons stated in Matter of Dickson -Jenkins Manufacturing Com-
pany, 76 N. L it . B. 449; and Matter of Sun-Ray Oil Corporation , 76 N. L. it. D. 970.
The third contention has no merit because the hearing officer's analysis of the record is
part of the Board s confidential files and is not subject to public inspection.
The Employer further argues that the information with respect to the showing of
interest and the hearing officer's analysis of the record must be made available to it upon
proper payment of costs in accordance with the provisions of Section 7 (d) of the Admin-
istrative Procedure Act. It appears , however, that Section 7 ( d) when read in con-
junction with Section 5 of the Administrative Procedure Act, specifically excludes from
its provisions proceedings involving the certification of employee representatives. Ac-
cordingly , we hereby deny the motion to dismiss the petitions herein.
J. I. CASE COMPANY 219
The UAW-CIO seek a unit of all the Employer 's employees on a
plant-wide basis.
The Employer takes no position with respect to the appropriate-
ness of any of the units sought herein.
b. The unit proposed by the I. A. M.
The I. A. M., in effect, seeks all the employees in Departments
K, L, and R, and part of Department W in the Employer's plant.2
Departments K and L comprise tool and die makers, millwrights,
machine operators, welders, grinders and braziers, who, under the
same supervision, are engaged in the repair and dismantling of
machines, and the manufacture of tools for use in the production of
farm implements. Department R, on the other hand, is a pattern
shop, which comprises both wood and metal patternmakers, who are
under separate supervision from the employees in Departments K
and L. This latter department is relatively new, having been es-
tablished late in 1947. Under these circumstances, the unit sought
by the I. A. M. would include two separate and distinct groups, which
we believe would be better represented in two separate craft group-
ings, namely, one consisting of the employees in Departments K and
L,3 and one comprising the employees in the pattern shop, Depart-
ment R.4 In view of the foregoing, we find that the employees
claimed by the I. A. M. may, if they so desire, constitute two separate
appropriate units.s
Locomotive crane operator and garage mechanic: The I. A. M.
desires to include in the unit it seeks a locomotive crane operator and
garage mechanic. These two employees work out of Department W,
known as the yard, and they have no community of interest with the
skilled workers in either Department K, L, or R. Accordingly, we
shall exclude them from either the machinists or the pattern shop
2 The Employer is engaged at Anniston, Alabama, in the manufacture of farm imple-
ments in a completely departmentalized plant. Since 1938, the I A. M., the Blacksmiths,
and the Molders, each substantially representing the employees now claimed as the basis
of the respective units, had bargaine d with the Employer 's predecessor , the Kilby Steel
Company, until December 1947, when the plant herein concerned was sold to the Employer.
3 Matter of C V. Hill and Company, 76 N L R B. 158; Matter of Dazey Corporation,
77 N. L. R. B. 408; Matter of Robertshaw -Fulton Controls Company, 77 N. L. R. B. 316.
4 Matter of Dow Chemical Company, Bay City Division, 77 N. L. R. B. 328; Matter of
-General Motors Corporation, Fisher Body Division , 77 N. L. R. B. 1159; Matter of Allis-
Chalmers Manufacturing Company, 77 N. L. R. B. 719.
3 The I. A. M. has made a substantial showing of interest among the employees it
seeks to represent . Therefore , we shall permit its name to appear on each of the ballots
in the two voting groups . If, however, the I . A. M. does not desire to participate in an
election at this time we shall permit it to withdraw its petition with respect to these
employees upon motion to the Regional Director within 5 days after issuance of this
Decision and Direction , and shall thereupon vacate the Direction of Election as it affects
members of this group . See Matter of J. S. Abercrombie Company, 77 N. L. R. B. 712.
220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
group, and include them in the residual production and maintenance
group hereinafter found appropriate.
c. The unit proposed by the Molders
The unit sought by the Molders is composed of a functionally dis-
tinct group of foundry workers, whom the Board has traditionally
found appropriate for the purposes of collective bargaining s More-
over, this group as noted above, has a long history of collective bar-
gaining on that basis. Under these circumstances, we find that the
employees claimed by the Molders may, if they so desire, constitute
an appropriate bargaining unit .7
d. The unit proposed by the Blacksmiths
The Blacksmiths' unit, in substance, is composed of a group of em-
ployees who have neither homogeneity nor distinct craft characteris-
tics; these employees are normally included in a production and
maintenance unit. There are, in addition, three unclaimed depart-
ments in the plant, namely, casting storage, Department H, carpenter
shop, Department S, and yard, Department W,8 which also comprise
a relatively small group of production and maintenance employees.
These employees, together with a group of inspectors,9 compose, sub-
stantially, all the remaining production and maintenance employees
in the plant. Under these circumstances, we believe that the Black-
smiths' unit may properly consist of an all-encompassing residual
group of production and maintenance employees. Accordingly, we
find that the employees sought by the Blacksmiths, including those
in Departments H, S and W, the garage mechanic, the locomotive crane
operator, inspectors, and all remaining production and maintenance
'Matter of Copper-Clad Malleable Range Company , 77 N. L. R. B. 250; Matter of The
John Deere Dubuque Tractor Company, 77 N. L. R. B 1424.
' The Molders desire the inclusion of two inspectors who are permanently assigned to
the foundry, Department 0, and to the cleaning room, Department N. As distinguished
from the other inspectors at large, they are under the supervision of the foundry super-
intendent and are intimately acquainted with the work performed in the foundry. There-
fore, the interests of these inspectors are more closely allied with those of the foundry
workers . Accordingly, we shall include them in the group sought by the Molders.
8 There are two other departments, namely, steel storage , Department G, and acetylene
generator room, Department T, in which there are no employees.
B There are a group of inspectors who inspect work throughout the plant under the
supervision of a chief inspector They are neither supervisory nor managerial employees.
The UAW-CIO seeks to include them in a plant-wide unit, whereas the Blacksmiths
would exclude them from the group of employees it seeks. In accordance with our
established policy, we shall include them in the residual group of production and main-
tenance employees . See Matter of Starrett Brothers & Eken, Inc., 77 N. L. R. B. 275 ;
Matter of Bryant Heater Co., 77 N. L. It. B. 744.
J. I. CASE COMPANY 221
employees not heretofore included in any of the other established
groups, may, if they so desire, constitute a separate bargaining unit: e
However, we shall make no final unit determinations at this time,
but shall first ascertain by the desires of the various groups of em-
ployees as expressed in the elections hereinafter directed 11 If in these
elections a majority of the employees in any of the voting groups votes
for the Petitioner seeking to represent such group, 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 in the Employer's Anniston, Alabama, plant
within the following voting groups, excluding clerical employees, time-
keepers, watchmen, guards, professional employees, and supervisors
as defined in the Act:
Group No. 1-All machinists in Departments K and L, including
tool and die makers, millwrights, welders, grinders, and braziers, but
excluding patternmakers in Department R.
Group No. 2-All patternmakers and apprentices in Department R.
Group No. 3-All employees working in the foundry, Department 0,
the core room, Department P, the cleaning room, Department N, and
the material storage room, Department Q, including two inspectors
permanently assigned to Departments 0 and N.
Group No. 4-All employees working in the paint shop, Department
A, assembly and paint shop, Department B, punch and shear, Depart-
ment C, forge shop, Department D, drill machine shop, Department E,
shipping room, Department F, heat treating, Department J, cast
cleaning, Department U, Departments H, S, and W, the garage
mechanic, the locomotive crane operator, inspectors who work through-
out the plant, and all other production and maintenance employees
not heretofore included in the other voting groups.
DIRECTION OF ELECTIONS 12
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, elections by
"For reasons stated in footnote 5, supra, we shall permit the Blacksmiths to withdraw
its petition upon motion to the Regional Director within 5 days from the issuance of this
Decision and Direction of Election , if it does not desire to participate in an election
at this time.
"The Employer moved, inter alia, to dismiss the petitions upon the ground that it is
planning to expand its operations and substantially increase the number of employees
presently employed . However, the Employer was indefinite as to when this expansion
would take place or be completed , and could not predict how it would affect the ultimate
composition of the units . Under these circumstances , we find no reason to delay the
determination of representatives sought herein. The Employer ' s motion to dismiss is
therefore denied.
"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.
222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 employees in the 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether :
(1) The employees in Group No. 1 desire to be represented, for
the purposes of collective bargaining, by International Association
of Machinists, Lodge No. 291, or by International Union, United Au-
mobile, Aircraft and Agricudltural Implement Workers of America,
(UAW-CIO), or by neither ;
(2) The employees in Group No. 2 desire to be represented, for the
purposes of collective bargaining, by International Association of
Machinists, Lodge No. 291, or by International Union, United Auto-
mobile, Aircraft and Agricultural Implement 'Porkers of America,
(UAW-CIO), or by neither;
(3) The employees in Group No. 3 desire to be represented, for the
purposes of collective bargaining, by International Molders and
Foundry Workers Union of North America, AFL, or by Interna-
tional Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America (UAW-CIO), or by neither;
(4) The employees in Group No. 4 desire to be represented, for the
-purposes of collective bargaining, by International Brotherhood of
Blacksmiths, Drop Forgers and Helpers, AFL, or by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America (UAW-CIO), or by neither.