J. I. Case Co.

National Labor Relations Board - Board Decisions

Apr 10, 1950

89 N.L.R.B. 269 (N.L.R.B. 1950)

In the Matter of J . I. CASE COMPANY, BETTENDORF WORKS and INTER-
NATIONAL UNION, UNITED'AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 18-CA-154.-Decided April 10
DECISION
AND
ORDER
Upon a charge duly filed September 9, 1949, by International Union,
-United Automobile, Aircraft and Agricultural Implement Workers
of America, C. I. 0., herein called the Union, the General Counsel of
the National Labor Relations Board, herein called the General Coun-
sel, by the Regional Director for the Eighteenth Region (Minneapolis,
Minnesota), issued a complaint dated November 15, 1949, against J. I.
Case Company, herein called the Respondent, alleging that the Re-
spondent had engaged in and was engaging in unfair labor practices
affecting commerce, within the meaning of Section 8 (a) (1) and (5)
and Section 2 (6) and (7) of the Act. Copies of the complaint, the
charge, and notice of hearing were duly served upon the Respond-
ent and the Union on or about November 15, 1949.
With respect to the unfair labor practices, the complaint alleges,
in substance, that on or about August 15, 1949, and at all times there-
after, the Respondent refused to bargain collectively with the Union
.as the exclusive representative of all employees in an appropriate
unit, although on August 5, 1949, the Board had certified the Union
.as the exclusive representative of all employees in the unit for the
purposes of collective bargaining,' and although the Union was on
August 5, 1949, and has been since that date, the exclusive representa-
tive of all employees in the unit for the purposes of collective bargain-
ing with respect to rates of pay, wages, hours of employment, and
other conditions of employment.
On or about December 27, 1949, the Respondent filed an answer
admitting, among other allegations, the allegation that the Union
i See Third Supplemental Decision and Certification of Representatives, J. I. Case Com-
pany, 18-RC-139, reported at 85 NLRB 576.
89 NLRB No. 35.
269
270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
had requested the Respondent to bargain collectively , in respect to
rates of pay , wages, hours of employment , and other conditions of
employment , with the Union as the exclusive representative of all
employees in the unit; that on August 5, 1949, the Board certified
the Union as the exclusive bargaining representative in a unit of
employees as set forth in the Board 's Third Supplemental Decision
and Certification of Representatives in Case No. 18-RC-139; and that
on or about August 15 , 1949, and at all times thereafter , the Re-
spondent did refuse, and does now refuse, to bargain collectively with
the Union as the exclusive bargaining representative of all employees
in the unit; but denying, among other allegations, the allegation that
the unit is an appropriate unit, and the allegation that the Respondent
had engaged in, and was engaging in, unfair labor practices within
the meaning of Section 8 (a) (1) and (5) of the Act.
Thereafter all parties entered into a stipulation which set forth an
agreed statement of facts. The stipulation provides that the parties
thereby waive their rights to a hearing and to the taking of testimony
and the submission of further evidence before a Trial Examiner, the
Board, or any member thereof, and to the preparation and filing of
an Intermediate Report and Recommended Order, and to the making
and issuance of proposed findings of fact and conclusions of law by
the Board. The stipulation further provides that, upon such stipu-
lation and the record as therein provided, the Board may issue its
Decision and Order or make any disposition of this matter, which it
could have made if a hearing had been held before a Trial Examiner,
the Board, or any member thereof.
The aforesaid stipulation is hereby approved and accepted and
made a part of the record in this case . In accordance with Section
203.45 of National Labor Relations Board Rules and Regulations-
Series 5, as amended, and the order of the Board dated January 27,
1.950, this proceeding was duly transferred to and continued before the
Board.
Pursuant to the provisions of Section 3 (b) of the Act, the National
Labor Relations Board has delegated its powers in connection with
this proceeding to a three -member panel [Chairman Herzog and Mem-
bers Reynolds and Murdock].
Upon the basis of the aforesaid stipulation , the record and,proceed-
ings in Case No. 18-RC-139, and the entire record in this case, the
Board, having duly considered the briefs filed by the Respondent and
the Union, makes the following :
J. I. CASE COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
271.
The Respondent is now, and has been at all times hereinafter men-
tioned, a corporation, organized under and existing by virtue of the
laws of the State of Wisconsin. At Bettendorf, Iowa, the Respondent
operates a plant, designated as the Bettendorf Works, hereinafter
called the Plant, at which Plant it is engaged in the manufacture and
sale of farm implements. During the fiscal year from November 1,
1948, through October 31, 1949, the Respondent made purchases of
raw materials amounting in value in excess of $1,000,000 of which
more than 90 percent represented purchases and shipments to the
Plant from points outside the State of Iowa. For the same period,
Respondent made sales of manufactured products amounting in value
in excess of $1,000,000, of which more than 90 percent represented sales
and shipments from the Plant to points outside the State of Iowa.
The Respondent admits and we find that it is engaged in commerce
within the meaning of Section 2 (6) and (7) of the Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, C. I. 0., is a labor organization
as defined in Section 2 (5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The appropriate unit and representation by the Union of a majority
therein
We find that all production and maintenance employees of the Re-
spondent at the Plant, excluding all 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, and jigs,
and tool welders, all of whom work in Department 84 of the Respond-
ent's Plant, all patternmakers and patternmakers' apprentices em-
ployed in Department 281 of the Respondent's Plant, and all plant
protection employees, professional employees, technical and clerical
employees, and all supervisors as defined in the Act, presently con-
stitute, and have at all times since August 5, 1949, constituted, a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We also find that since August 5,1949, on which date the Boar&
certified the Union as the exclusive representative of all employees.
in the above unit for the purposes of collective bargaining,2 the Union
has been the exclusive representative of all employees in the unit for
the purposes of collective bargaining with respect to rates of pay,.
wages, hours of employment, and other conditions of employment..
B. The refu+al to bargain
The Respondent admits that on or about August 9, 1949, the Union_
requested the Respondent to bargain collectively, with respect to-
rates of pay, wages, hours of employment, and other conditions of
employment, with the Union as the exclusive representative of all
employees in the unit, and that on or about August 15, 1949, and at
all times thereafter, the Respondent did refuse and does now refuse
to bargain collectively with the Union as the exclusive representative
of all employees in the unit. Accordingly, we find that the Respond-
ent thereby violated Section 8 (a) (5) and (1) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the Respondent set forth in Section III, above,
occurring in connection with its operations as described in Section 11,
above, have a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States and tend to lead to labor dis-
putes burdening and obstructing commerce and the free flow of com-
merce.
V. THE REMEDY
Having found that the Respondent has engaged in certain unfair
labor practices, we shall order that it cease and desist therefrom and
that it take certain affirmative action designed to effectuate the policies
of the Act.
Upon the basis of the above findings of fact and upon the entire
record in this case, the Board makes the following :
CONCLUSIONS OF LAW
1. International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, C. I. 0., is a labor organization
as defined in Section 2 (5) of the Act.
2 We reject as without merit the contentions raised by the Respondent in its brief with
respect to the validity of the representation proceedings in Case No. 18-RC-139 and the
Union ' s certification based thereon , contentions which we have already overruled in the
representation proceeding.
J. I. CASE COMPANY 273:
2. All production and maintenance employees of the Respondent
at its Bettendorf, Iowa, plant, excluding all tool and die makers, tool-
room 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, and jigs,.
and tool welders, all of whom work in Department 84 of the Respond-
ent's said plant, all patternmakers and patternmakers'.. apprentices
employed in Department 281 of the Respondent's said plant, and all
plant protection employees, professional employees, technical andi
clerical employees, and all supervisors as defined in the Act, presently
constitute, and have at all times since August 5, 1949, constituted, a.
unit appropriate for the purposes of collective bargaining within the.
meaning of Section 9 (b) of the Act.
3. International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, C. I. 0., was on August 5, 1949,.
and at all times thereafter has been, the exclusive representative of all
employees in the aforesaid unit for the purpose of collective bargain-
ing within the meaning of Section 9 (a) of the Act.
4. By refusing on August 15, 1949, and at all times thereafter, to-
bargain collectively with International Union, United Automobile,.
Aircraft and Agricultural Implement Workers of America, C. I. 0., as
the exclusive representative of all employees in the aforesaid appro-
priate unit, the Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8 (a) (5) and (1) of
the Act.
5. The aforesaid unfair labor practices are unfair labor practices
affecting commerce within the meaning of Section 2 (6) and (7) of
the Act.
ORDER
Upon the entire record in this case, and pursuant to Section 10 (c)
of the National Labor Relations Act, the National Labor Relations
Board hereby orders that the Respondent, J. I. Case Company, Betten-
dorf, Iowa, and its officers, agents, successors, and assigns, shall :
1. Cease and desist from :
(a) Refusing to bargain collectively with International Union,
United Automobile,. Aircraft and Agricultural Implement Workers of
America, C. I. 0., as the exclusive representative of all production and
maintenance employees at its Bettendorf, Iowa, plant, excluding all
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, in-
:274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spectors on dies, tools, and jigs, and tool welders, all of whom work in
Department 84 of the Respondent's said plant, all patternmakers and
patternmakers' apprentices employed in Department 281 of the
Respondent's said plant, and all plant protection employees, profes-,
sional employees, technical and clerical employees, and all supervisors
as defined in the Act;
(b) 'Interfering in any other manner with the efforts of Interna-
tional Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, C. I. 0., to negotiate for, or to represent,
the employees in the aforesaid bargaining unit as the exclusive bar-
gaining agent.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively with International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, C. I. 0., as the exclusive representative of all production
and maintenance employees at its Bettendorf, Iowa, plant, excluding
all 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 fi}ushers,
inspectors on dies, tools, and jigs, and tool welders, all of whom work in
Department 84 of the Respondent's said plant, all patternmakers and
patternmakers' apprentices employed in Department 281 of the
Respondent's said plant, and all plant protection employees, profes-
sional employees, technical and clerical employees, and all supervisors
as defined in the Act, with respect to rates of pay, wages, hours, and
other conditions of employment, and if an understanding is reached,
embody such understanding in a signed agreement;
(b) Post at its Bettendorf, Iowa, plant copies of the notice attached
hereto, marked Appendix A.3 Copies of said notice, to be furnished
by the Regional Director for the Eighteenth Region, shall, after being
signed by the Respondent's representative, be posted by the Respond-
ent immediately upon receipt thereof, and maintained by it for a
period of sixty (60) consecutive days thereafter, in conspicuous places,
including all places where notices to employees are customarily posted.
Reasonable steps shall be taken by the Respondent to insure that said
notices are not altered, defaced, or covered by any other material.
(c) Notify the Regional Director for the Eighteenth Region in
writing, within ten (10) days from the date of this Order, what steps
the. Respondent has taken to comply herewith.
' In the event this order is enforced by decree of a Circuit Court of Appeals , there shall
be inserted in the notice before the words , "A DECISION AND ORDER" the words, "A
DECREE OF THE UNITED STATES CIRCUIT COURT OF APPEALS ENFORCING."
J. I. CASE COMPANY
APPENDIX A
NOTICE TO ALL EMPLOYEES
275
Pursuant to a Decision and Urder of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor
Relations Act, we hereby notify our employees that :
WE WILL bargain collectively upon request with INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURE IMPLE-
MENT WORKERS OF AMERICA, C. I. 0., as the exclusive representa-
tive of all employees in the bargaining unit described herein with
respect to rates of pay,. wages,- hours, and other conditions of
employment, and if an understanding is reached, embody such
understanding in a signed agreement.
The bargaining unit is:
All production and maintenance employees at our Bettendorf,
Iowa, plant, excluding all tool and die makers, toolroom machine
operators, tool and die heat treaters, tool and die makers' appren-
tices, toolroom crib attendants 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 said
plant, all patternmakers and patternmakers' apprentices em-
ployed in Department 281 of the said plant, and all plant protec-
tion employees, professional employees, technical and clerical
employees, and all supervisors as defined in the Act.
J. I. CASE COMPANY.
By--------------------------------
(Representative ) (Title)
Dated---------------------
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
889227-51-vol.89-19