J. I. Case Co.

National Labor Relations Board - Board Decisions

Jan 26, 1942

38 N.L.R.B. 522 (N.L.R.B. 1942)

In the Matter of J. I. CASE Co. and INTERNATIONAL UNION, UNITED
AUTOMOBILE AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA (C. I. 0.)
Case No. R-3394-Decided January 26, 1942
Jurisdiction : agricultural equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition ; contracts with individual employees, no
bar to ; election, directed by Board, held one year before filing of petition
in which another petitioning union failed to secure a majority, no_ bar to ;
election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding patternmakers and their apprentices, office and clerical
and supervisory employees.
Mr. C. M. Robertson, of Milwaukee, Wis., for the Company.
Mr. H. D. Burcham, of Rock Island, Ill., for the Union.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 7, 1941, International Union, United Automobile
Aircraft & Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, herein called the
Union, filed with the Regional Director for the Thirteenth Region
(Chicago, Illinois) a petition, and on November 22, 1941, an amended
petition, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of J. I. Case Co., Rock
Island, Illinois, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On December 2, 1941, 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
38 N. L R. B., No 110
522
.L I. CASE CO. 523
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On December 4; 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union.' Pursuant to notice, a hearing was held on December 17; 1941,
at Rock Island, Illinois, before Stephen M. Reynolds, the Trial Exam-
iner duly designated by the Chief Trial Examiner: ' The' Company was
represented by counsel and the Union, by its representatives; both
participated in the'hearing. Full opportunity to be heard, to exam-
ine 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 objec-
tions to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby afririned. On January 2 and 3, 1942,
the Company and the Uliion filed briefs which the Board has duly
considered.
'Upon the entire record in the case, the' Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS ' OF THE COMPANY
J. I. Case Co., a Wisconsin corporation, operates a plant at Rock
Island, Illinois, where it is engaged' in the 'manufacture of farm ma-
chinery and implements. Raw materials valued at approximately
$1,000,000 were used at the Rock `Island plant during 'the year 1940.
Approximately 80 percent of these materials were obtained from
points outside the State of Illinois. During the same period the Com-
pany sold products manufactured at its Rock Island, Illinois, plant,
which were valued in excess of $2,000,000. Approximately 80 per-
cent of these products, in terms of value, were shipped to points out-
side the State of Illinois. The Company concedes •that it is engaged
in commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership
employees of the Company. '
I The Pattern Makers League was also served with notice 'of the hearing. However, since
the Board had on July 16, 1940, certified the Pattern Makers League as the exclusive
representative of all pattern makers and pattern makers' apprentices in the present plant,
24 N L R B. 606, and since the Union and the Company agreed that these employees
should be excluded from the unit involved in this proceeding , it took no part herein
524 DECISIONS OF NATIONAL LABOR RELATIONSI BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On October 28, 1941, the Union notified the Company by letter that
it represented a majority of the Company's employees, and asked to
institute negotiations with the Company on behalf of those employees.
The Company failed to respond to this letter and later declined to
recognize the Union.
The Company claims that its individual contracts with the em-
ployees are a bar to an election. This contention is clearly without
merit.2 The Company also opposes an election now because on
November 28, 1940, in an election directed by the Board, to determine
whether or not the employees at the Rock Island plant desired to be
represented by Farm Equipment Organizing Committee, that organi-
zation failed to obtain a majority.3 We do not consider this election
as a bar to an election now.4 Finally, the Company claims that the
Union does not have substantial representation. A report of the Re-
gional Director of the Board shows, however, that the Union does
represent a substantial number of employees in the appropriate unit.°
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 commerce
and the free flow of commerce.
V. TEIE APPROPRIATE UNIT
The Company and the Union agree and we find that all production
and maintenance employees, excluding all office, clerical, and super-
visory employees, and pattern makers and pattern makers' appren-
tices, constitute an appropriate unit.,, The parties are in disagreement
2 Matter of The Gates Rubber Company and Denver Printing Pressmen and Assistants
Union, No. 40 , 8 N. L. R. B. 303. _'
3 27 N. L. R. B. 197; 36 N. L. It. B. 614.
a Matter of Pacific Greyhound Lines and Amalgamated Association of Street, Electric
Railway and Motor Coach Employees of America, 9 N. L. R. B. 557.
6.A. statement of the Regional Director dated December 2, 1941 , shows that 225 cards
were handed him by the Union ; that of this number, 154 bear dates from March to Sep-
tember 1941 , and 71 are undated; that 219 of the 225 submitted appear to be genuine;
a.nd that of those signatures appearing to be genuine , 181 are the names of persons ap-
pearing on the Company 's pay roll of November 22, 1941 . T. E. Stahl, works manager,
affirmed that there were 580 employees in the appropriate unit.
0 See footnote 1, above.
J. I. CASE Co. 525
as to the status of the nine risen discussed below. The Union would
exclude them from the unit on the ground that they are supervisory
employees. The Company, asserting that they are not supervisory
employees, urges that they should be included.
Charles R. (Whitey) Clausen is a shipping clerk. Johnny Waters
is an inspector in the implement division. He reports to the chief
inspector for instructions as to his work and duties. Oliver Gordon
is an electrician in the maintenance division. Apparently he has a
helper and is responsible to the leading electrician. Walter Coghill
is a sheet-metal lay-out man in the maintenance division. He appears
to have two helpers and is responsible to the foreman or assistant
foreman in that division. Frank DeFreeze is the set-up man. Hank
DeVooght is a cupola liner. He has one helper. The foregoing em-
ployees do not have authority to hire or discharge, or to recommend
hiring or discharging, and it does not appear that they have any
other substantial supervisory duties. Upon the entire record, we
find that these six men are not supervisory employees and that they
should be included within the appropriate unit.
Paul Eastland is in charge of the returned-goods department of
the plant. He is customarily in charge of a group of employees,
though the members of this group may vary. Although he lacks the
power to employ and discharge, he may recommend discipline. He
examines all goods returned and instructs the men under him in the
handling of these goods. Russel Johnson substitutes for the foreman
of the sheet-metal department in the latter' s absence . Loyd Cousin,
chief lay-out man in the sheet-metal department, has charge of the
men in the lay-out room. Upon the entire record, we find that these
three men are supervisory employees and we shall therefore exclude
them from the appropriate unit.
We find that all production and maintenance employees including
Charles R. (Whitey) Clausen, Johnny Waters, Oliver Gordon,
Walter Coghill, Frank DeFreeze, and Hank DeVooght, and exclud-
ing all office and clerical employees and Paul Eastland, Russel John-
son. Loyd Cousin, and other' supervisory employees, and pattern
makers and pattern makers' apprentices, constitute a unit appropriate
for purposes of collective bargaining and that such unit will insure
to employees of the Company the frill benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by, and we shall accordingly direct, an
election by secret ballot among the employees in the appropriate unit
526 DECISIONS OF NATIONAL 'LABOR. RELATIONS BOARD
whose names appear upon the Company's pay roll immediately pre-
ceding the date of our Direction of Election, subject to the limita-
tions and additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board 'makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of J. I. Case Co., Rock Island, Illinois, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act.
2. All the production and maintenance employees including
Charles R. (Whitey) Clausen, Johnny Waters, Oliver Gordon,
Walter Coghill, Frank DeFreeze, and Hank DeVooght, and exclud-
ing all office and clerical employees and Paul Eastland, Russel
Johnson, Loyd Cousin, and other supervisory employees, and pattern
makers and pattern makers' apprentices, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
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, 49 Stat. 449, 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 bargaining
with J. I. Case Co., 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 of Election under the direction
and supervision of the Regional Director for the Thirteenth Region,
acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions among all production and maintenance employees including
Charles R. (Whitey) Clausen, Johnny Waters, Oliver Gordon,
Walter Coghill, Frank DeFreeze, and Hank DeVooght, at the Rock
Island, Illinois, plant, whose names appear upon the' Company's pay
roll immediately preceding the date of this Direction of Election,
including any employees who did not work during said pay-roll
period because they were ill or on vacation, or in the active military
service or training of the United States, and employees who were
then or have since been temporarily. laid off, but excluding all office
J. I. CASE CO. 527
and clerical employees and Paul Eastland, Russel Johnson, and
Loyd Cousin, and other supervisory employees, and pattern makers
and pattern makers' apprentices, and employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by International Union, United Automobile
Aircraft & Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.