John Deere Tractor Co.

National Labor Relations Board - Board Decisions

Apr 28, 1942

40 N.L.R.B. 904 (N.L.R.B. 1942)

In the Matter of JOHN DEERE TRACTOR COMPANY AND IOWA TRANS-
MISSION COMPANY and LOCAL 838,,UNITED AUTOMOBILE, AIRCRAFT
& AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. R-3685.-Decided April 28, 1942
Jurisdiction : tractor, tank manufacturing, and tank transnussion manufacturing
industry
Investigation and Certification of Representatives : existence of question - refusal
to accord petitioner recognition until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees and indentured apprentices (with agreed inclusions and exclusions)
of two Companies which are subsidiaries operated under a common niana-ge-
ment.
Pike, Sias, & Butler, by Mr. George E. Pike and Dlr. H. W. Pike,
of-Moline, Ill., for the Companies.
Mr. George H. Rose and Mr. Laurence Carlstrom,, of Milwaukee,
Wis., for the U. A. W.
Mr. Leonard Mattson, of Waterloo, Iowa, for the I. A. Al.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 17, 1942, Local 838, United Automobile, Aircraft
& Agricultural Implement Workers of America, C. I. 0., herein
called the U. A. W., filed with the Regional Director for the Eight-
eenth Region (Minneapolis, Minnesota) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of John Deere Tractor Company and Iowa Transmission
Company, Waterloo, Iowa, herein called the Companies, and requesting
an investigation and certification of representatives pursuant to Section
9 _(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On March 21, 1942, 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
40 N. L. It. B., No. 159.
904
JOHN DEERE TRACTOR COMPANY 905
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On March 23, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Companies and the
U. A. W., and upon International Association of Machinists, herein
called the I. A. M., a labor organization claiming to represent em-
ployees directly affected' by the investigation. Pursuant to notice,
P. hearing was held on March 31, 1942, at Waterloo, Iowa, before'
Robert R. Rissman, the Trial Examiner duly designated by the Chief
Trial Examiner. The Companies, the U. A. '\V., and the I. A. M.
were represented and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing on the issues was afforded all parties. During
the course of the hearing the Trial Examiner granted a motion of
the U. A. W. to amend its petition as to formal matters and made
several rulings on other motions and on objections to the admission
of evidence. The Board has reviewed all the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
John Deere Tractor Company is an Iowa corporation with its
principal place of business at Waterloo, Iowa, where it is engaged
in the business of designing, manufacturing, selling, and chstributing
farm tractors, machine parts, and tank transmission parts. During
its fiscal year ending October 31, 1941, it purchased raw materials
valued at about $19,000,000, approximately all of which was shipped
to it from outside the State of Iowa. During the same period it
sold finished products valued at about $34,000,000, approximately 93
percent of which was shipped outside the State of Iowa. It admits
that it is engaged in commerce within the meaning of the Act.
Iowa Transmission Company is an Iowa corporation with its
principal place of business at Waterloo. Iowa, where it is engaged
in the business of designing, manufacturing, and selling tank trans-
missions and tank transmission parts. During the 12-month period
preceding March 31, 1942, it purchased raw materials valued in ex-
cess of $1,000,000, approximately all of which was shipped to it from
outside the State of Iowa. During the same period it sold finished
products valued in excess of $1,000,000, over 90 percent of which
906 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was shipped outside the State of Iowa. It admits that it is engaged
in commerce within the meaning of the Act.
John Deere Tractor Company and Iowa Transmission Company
are both subsidiaries of Deere and Company and are operated under
a common management.
II. THE ORGANIZATIONS INVOLVED
. Local 838, United Automobile, Aircraft & Agricultural Implement`
Workers of America, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership em-
ployees of the Companies.
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to niem-
bership employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
On January 9, 1942, the U. A. W. requested the Companies to
grant it exclusive recognition. The Companies denied its request
until such time as the U. A. W. is certified by the Board. A state-
ment of the Regional Director, introduced into evidence at the hear-
ing, shows that the U. A. W. represents a substantial number of
employees in the unit hereinafter found to be appropriate.,
We find that a question has arisen concerning the representation
of employees of the Companies.
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 Companies
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. THE APPROPRIATE UNIT
The U. A. W. urges that all production and maintenance em-
ployees of the Companies, including inspectors , office janitors, fore-
men's clerks, truck drivers , yard employees , receiving , shipping, and
1 The Regional Director reported that the U A. W presented 1,098 authorization and
membership application cards beaiing the signatures of persons whose names appear on
the Companies ' pay roll of February 24, 1942 There are 3 ,682 persons on this pay roll _
The Regional Director further reported that the I A M presented 85 membership
application cards hearing the signatures of persons whose names appear on the Com-
panies' pay roll of February 24, 1942
JOHN DEERE TRACTOR COMPANY 907
warehouse employees, tool crib, tractor test room, and experimental
farm employees, and elevator operators, but excluding executives,
superintendents, general foremen, foremen, assistant foremen, work-
ing supervisors, designers, engineers, draftsmen, all other weekly and
monthly salaried employees in the engineering and experimental de-
partments, general office employees, foundry office employees, plant
protection employees (including watchmen and guards), chief in-
spector, inspection foremen, chemical and metallurgical laboratories
employees, and medical department employees, constitute a single
unit appropriate for the purposes of collective bargaining. The only
controversy with respect to the unit concerns indentured apprentices.
The U. A. W. urges that the indentured apprentices be excluded
from the unit, and the I. A. Al. that they be included. The Com-
panies took no position.
The Companies employ approximately 24 indentured apprentices
in their tool, die-making, and pattern shops. The nature of the in-
dentured apprentices' work, the rate of pay therefor, and their work-
ing conditions are set out in indentured apprentices' agreements
entered into between such employees and the Companies. During the
period of apprenticeship the indentured apprentices have the same
rights as other employees of the Companies with respect to group
insurance, workmen's compensation, and vacation plans. On numer-
ous occasions the indentured apprentices work alongside and on the
same machines with other employees. In accordance with our usual
practice, we shall include the indentured apprentices in the unit.2
We find that all production and maintenance employees of the
Companies, including indentured apprentices, inspectors, office jani-
tors, foremen's clerks, truck drivers, yard employees, receiving, ship-.
ping, and warehouse employees, tool crib, tractor test room, and
experimental farm employees, and elevator operators, but excluding
executives, superintendents, general foremen, foremen, assistant fore-
men, working supervisors, designers, engineers, draftsmen, all other
weekly and monthly salaried employees in the engineering and experi-
mental departments, general office employees, foundry office em-
ployees, plant ; protection employees (including watchmen anal
guards), chief inspector, inspection foremen, chemical and metal-
lurgical laboratories employees, and medical department employees,
constitute a unit appropriate for the purposes of collective bargain-
ing -and that such unit will insure to employees of the Companies
the full benefit of their right to self-organization and to collective
bargaining and otherwise will effectuate the policies of the Act.
' See Matter of Bendim Aviation Corporation , Wayne Division and International Union,
United Automobile, Aircraft cC Agricultural Implement Workers of America, C. I. 0 ,
40 N. L . R. B. 376.
'908 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The U. A. W. urges that a pay roll as of the date of the hearing be
used to determine eligibility to vote. The Companies urge that the
pay roll immediately preceding the date of the Direction of Election
be used for that purpose. The I. A. M. took no position With respect
to the pay-roll date. In accordance with our usual custom, we shall
direct that the employees of the Companies eligible to vote in the
election shall be those within the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election herein, subject to the limitations and additions
set forth in the Direction.
The U. A. W. requests that it appear on the ballot as "Local 833,
U. A. W.-C. I. 0." The I. A. M. requests that it appear on the
ballot as "International Association of Machinists, A. F. of L." The
requests are hereby granted.
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 John Deere Tractor Company and Iowa
Transmission Company, Waterloo, Iowa, Within the meaning of
section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Companies,
including indentured apprentices, inspectors, office janitors, foremen's
clerks, truck drivers, yard employees, receiving, shipping, and ware-
house employees, tool crib, tractor test room, and experimental farm
employees, a,nd elevator operators, but excluding executives, superin-
tendents, general foremen, foremen, assistant foremen, working super-
visors, designers, engineers, draftsmen, all other weekly and monthly
salaried employees in the engineering and experimental departments,
general office employees, foundry office employees, plant protection
employees (including watchmen and guards), chief inspector, inspec-
tion foremen, chemical and metallurgical laboratories employees, and
medical department employees, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of , Section
9 (b) of the Act.
JOHN DEERE TRACTOR COMPANY
DIRECTION OF ELECTION
909
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 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 ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with John Deere Tractor Company and Iowa Transmission Company,
Waterloo, Iowa, 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 Eighteenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Section 9, of said Rules and Regulations , among all production and
maintenance employees of the Companies who were employed during
the pay-roll period immediately preceding the date of this Direction,
including indentured apprentices, inspectors, office janitors, fore-
men's clerks , truck drivers , yard employees , receiving , shipping, and
warehouse employees , tool crib, tractor test room, and experimental
farm employees , elevator operators , and employees who did not work
during such pay -roll period because they were ill or on vacation or
in the, active military service or training of the United States, or
temporarily laid off, but excluding executives , superintendents, gen-
eral foremen , foremen , assistant foremen, working supervisors, de-
signers, engineers, draftsmen, all other weekly and monthly salaried
employees in the engineering and experimental departments , general
office employees , foundry office employees , plant protection employees
(including watchmen and guards ), chief inspector , inspection fore-
men, chemical and metallurgical laboratories employees , medical de-
partment employees , and employees who have since quit or been
discharged for cause , to determine whether they desire to be repre-
sented by Local 838, U . A. W.-C. I . 0., or by International Asso-
ciation of Machinists , A. F. of L., for the purposes of collective-
bargaining , or by neither.