John Deere Harvester Works of Deere & Co.

National Labor Relations Board - Board Decisions

Oct 11, 1955

114 N.L.R.B. 348 (N.L.R.B. 1955)

348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[The Board certified that a majority of the valid ballots was not
cast for Shopmen's Local Union 546 of the International Association
of Bridge, Structural and Ornamental Iron Workers, AFL, and that
this union is not the exclusive representative of the production and
maintenance employees at the Employer's Oklahoma City, Oklahoma,
plant.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Certification of Results of Election.
John Deere Harvester Works of Deere & Company and Interna-
tional Die Sinkers Conference on behalf of its East Moline
Die Sinkers Lodge No. 470, Independent, Petitioner. Case No.
13-RC-4446. October 11,1955
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Julius N. Draznin, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
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 Petitioner seeks to sever a craft unit of diesinkers, trim-
mer diemakers, Keller machine operators, die polishers, and planer
machine operators 2 employed in the Employer's toolroom department
at its East Moline, Illinois, operations. These employees comprise
34 out of approximately 100 employees in that department, all of whom
have been represented since 1942, as part of a production and main-
tenance unit by the Intervenor (International Union, United Auto-
mobile, Aircraft, and Agricultural Implement Workers of America
and its Local 856, UAW-CIO).
i The Petitioner has made an adequate showing of interest in the unit hereinafter
found appropriate.
2 The composition of the unit requested by the Petitioner was variously expressed. In
its petition , the unit requested is "all employees working on dies or parts of dies used in
the manufacture of and completion of forgings." At the hearing, the Petitioner explained
that it was seeking to represent the above employees as a Highly skilled group of employees
who "are a separate and distinct craft of their own. . .. We are not seeking a depart-
ment ; we are seeking a craft unit."
114 NLRB No. 67.
JOHN DEERE HARVESTER WORKS- OF-DEERE & - COMPANY 349'
The Employer and the Intervenor 3 oppose the severance of em-
ployees from the production and maintenance unit contending that
the principles announced by the Board in American Potash cC Chemi-
cal Corporation 4 are not applicable to the instant proceeding. Thus,.
they argue that the unit sought is not a true craft; that only a tool-
room department is appropriate for severance; and that, in any event,.
the Petitioner is not qualified to represent employees in a depart-
mental unit. As the Petitioner is not seeking the broader unit, we
shall only consider the issue relating to craft severance.
In the American Potash case, the Board announced that henceforth
craft severance would be permitted only where the requested unit con-
stituted a true craft consisting of a distinct and homogeneous group
of skilled journeymen craftsmen, their apprentices, and/or helpers,
and the petitioning union traditionally represented the craft whose
severance was sought. As to the latter principle, it is well established,
and conceded by the parties, that the Petitioner has traditionally
represented craftsmen in the diesinker trade.
The Employer is engaged in the manufacture and sale of farm
equipment. It operates a toolroom department where employees work
on forging dies, jigs, fixtures, tool holders, gauges, and sheet metal
forming dies. The highest paid and skilled employee in the toolroom
is the diesinker, who plans, lays out, and machines intricate forging
dies. The job of diesinker is to "sink" or mill a cavity in a block of
steel precisely in accordance to a plan so that a desired impression
may be imparted to the material in production.
There are 43 employees in the job classification of toolmaker "A;" 10
of whom work as trimmer diemakers. The trimmer diemakers spend
a major portion of their time planning and constructing trimmer dies.
This skilled work is recognized as part of the diesinking trade.5 Con-
trary to the contention of the Employer and the Intervenor, the record
discloses that trimmer diemakers, under the Employer' s training pro-
gram, may progress to the diesinker classification. The remaining
toolmakers work on a variety of tools and also make sheet metal form-
ing dies.' Only occasionally do they perform the duties of trimmer
diemakers.
The Keller machine operator sets up and operates a duplicating
machine to cut forging dies. Six of the 25 employees classified as ma-
3 We hereby deny the Intervenor 's motion to dismiss on the ground that the Petitioner
did not request recognition prior to the filing of the petition , as the record shows that at
the hearing the Employer refused to recognize the Petitioner . American Tobacco Com-
pany, Incorporated , 108 NLRB 1211.
* 107 NLRB 1418
5 see General Motors Corp , Chevrolet Motor Division . Tonawanda, N. Y., Forge Plant,
111 NLRB- 1238 ; International Harvester, 90 NLRB 1905, 1907.
6 A foring die is made from a number of pieces of steel put together to form and shape
sheet metal to the shape desired ; whereas , the drop forge die made by the diesinkers is
carved out of a solid block of steel to form a design which is the reverse of the product
desired. The latter operation requires a higher degree of skill than the former.
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chine hand "A," also known as planer machine operators, perform
planing operations on the surface of die blocks preparatory,to the
diesinking operation. The die repairmen, also known as die polishers,
perform polishing operation on forging dies. As these employees are
not journeymen craftsmen of the diesinking trade and do not appear to
be in line of progression to the diesinker classification, we shall exclude
them from the voting group hereinafter established.
We find that the craft unit sought by the Petitioner and consisting
of employees in the classifications of diesinkers and trimmer diemak-
ers to be a true craft group within the diesinker craft. In view of the
foregoing and upon the entire record, we further find that the fol-
lowing group of employees may, if they so desire, constitute a craft
unit of employees. We shall direct a self-determination election among
all diesinkers and trimmer diemakers' employed at the Employer's
East Moline, Illinois, operations, excluding all other employees and
supervisors as defined in the Act.
However, we shall make no final unit determination at this time. If
in the election herein directed a majority of the employees vote for
the Petitioner, Ithe, Regional Director is instructed to issue a certifi-
cation of representatives for the unit herein described, which in these
circumstances we find to be appropriate-for purposes of collective bar-
gaining. If, on the other hand, a majority vote for the Intervenor,
which has requested no election in the overall production and mainte-
nance unit it presently represents, the employees will be taken to have
indicated their desire to remain in that unit and the Regional Direc-
tor is instructed to issue a certificate of results of election to that effect.
[Text of Direction of Election omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Direction of Election.
7 The employees in this classification are G Adolph Bucherer, Ernest F. Erdely, Jr,
William R Skinner, LeRoy E Miller, Joseph F Meyers, Earl L. Strupp, Jack M.
Christiansen , Otto Selhost, Roy M Doyle, and Glenn H. Hull.
Central Pipe Fabricating and Supply Co. and Leon L. Neale
Pipefitters Local 392, United Association of Journeymen and
Apprentices of the Plumbing and Pipefitting Industry of the
United States and Canada, AFL and Leon L. Neale . Cases Nos.
9-CA-828 and 9--CB-241. October 12, 1955
DECISION AND ORDER
On June 3, 1955, Trial Examiner Louis Libbin issued his Inter-
mediate Report in the above-entitled proceedings , finding that the
114 NLRB No. 63.