John Deere Plow Co.Download PDFNational Labor Relations Board - Board DecisionsOct 13, 194458 N.L.R.B. 972 (N.L.R.B. 1944) Copy Citation In the Matter Of JOHN DEERE PLOW COMPANY wad INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, A. F. L. Case No. 17-R--979.-Decided October 13, 1944 Mr. S. M. Lyman, of Moline, Ill., and Mr. Sam D. Parker, of Kansas City, Mo., for the Company. Messrs. Norman A. Schoneman and James R. Stufflebeam, of Kansas City, Mo., for the Union. Mr. Herbert C. Kane, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Auto- - mobile. `Yorkers of'America, A. F. L., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of John Deere Plow Company, Kansas City, Missouri, herein called the Company, the National Labor Rela- tions-Board provided for an appropriate hearing upon due notice before Margaret L. Fassig, Trial Examiner. Said hearing was held at Kansas city, Missouri, on September 13, 1944. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence,, bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a Missouri corporation having its principal office and place of business in Kansas City, Missouri . It is engaged in the sale and -distribution of farm machinery and implements and repair 58 N. L R . B.. No. 185. 972 JOHN DEERE " -PLOW "COMPANY 973 parts for such machinery and implements. The Company annually purchases in interstate commerce farm machinery and equipment having a value in excess of $100,000, and annually sells farm machinery and equipment having a value in excess of $100,000 in interstate com- merce. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile Workers of - America, affiliated with the American Federation of Labor, is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE, UNIT The Union requests a unit of all warehouse employees, including the junior and senior warehousemen, the warehouse janitor, mechanics, watchmen, maintenance and lunchroom employees, but excluding all office, clerical, and supervisory employees. The Company objects to the inclusion of the mechanics, watchmen, the maintenance employee and the lunchroom employee. Mechanics: There are two mechanics who work in an enclosed area' on the second floor of the warehouse. They repair magnetos , carbu- retors, rebore blocks, and other similar work on farm equipment. They punch the same time clock and use the same wash and locker rooms as the junior and senior warehousemen and the watchmen. We find that their interests are closely allied with those of the warehousemen; we shall include them in the unit. 1 The Regional Director reported that the' Union submitted 41 application for member- ship and authorization cards , that the names of 36 persons appearing on the cards were listed on the Company ' s pay roll of September 1, 1944 , which contained the names of 54 employees 'iii the appropriate unit , and that the cards were dated , 33 in August 1944, and 8 were undated. 974 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD WVatchmen: The watchmen patrol the grounds and pull boxes; they are neither armed nor militarized. We shall include them in the unit. Maintenance employee: The maintenance employee, who is also known as the building engineer, is the only employee in this category. His duties include the operation and maintenance of the air condition- ing and heater systems and the electrical appliances, which work he performs without assistance. We shall include him in'the unit. Lunchroom employee: The lunchroom employee makes and serves tea and coffee to the employees, and washes and sets out the dishes. In the morning and evening she cleans the girls' rest room. We shall include her in the unit. - We find that all warehouse employees, including the junior and senior warehousemen, the warehouse janitor, mechanics, watchmen, the lunchroom employee, and the maintenance employee, but excluding the office and clerical force, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V-. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that., as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with John Deere Plow Company, Kansas City, Missouri, 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, under the direction and supervision of the Regional Director for the Seventeenth Region, acting in this matter as. agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date V JOHN DEERE PLOW COMPANY 975 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, and including employees in the armed forces of the, United States who present themselves in person at the polls, 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, to determine whether or not they desire to be represented by International Union , United Automobile Workers of America, A. F. L., for the pur- poses of collective bargaining. ° `Mii. GERASD D. REILLY'took no part in the consideration ,of the above Decision and Direction of Election. Copy with citationCopy as parenthetical citation