Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board DecisionsAug 5, 1941

33 N.L.R.B. 1122 (N.L.R.B. 1941)

In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY and FARM EQUIPMENT WORKERS ORGANIZING COMMITTEE AFFILIATED WITH THE C. I. 0. Case No. R-2751.Decided August 5, 19/.1 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon consent election. Mr. Stephen M. Reynolds, for the Board. Mr. W. E. Yunker, for the Company. Mr. Irving Meyers, for the C. I. O. Mr. L. G. Pefferle, for the Protective Group. Mr. William H. Bartley, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On April 25, 1941, Farm Equipment Workers Organizing Commit- tee, affiliated with the C. I. 0., herein called the C. I. 0., filed with the Regional Director for the Thirteenth Region ( Chicago, Illinois) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Allis-Chalmers Manu- facturing Company, Springfield , Illinois , herein called the Company, engaged in the manufacture of farm equipment in Springfield , Illinois, 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 June 13, 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 inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice . On June 25, 1941 , the Company , the C. I. 0., the A. C. S. Employees Protective Group, herein called the Protective Group, a labor organization claim- ing to represent employees 'of the Company , and an attorney for the Board entered into a "Stipulation for Certification Upon Consent Election." 33 N L. R. B, No. 192. 1122 ALLIS-CHALM(E'RS MANUFACTURING COMPANY 1123 Pursuant to the stipulation an election was held on July 3, 1941, under the direction and supervision of the Regional Director among all production and maintenance employees at the Springfield, Illinois, plant, excluding superintendents, assistant superintendents, foremen, assistant foremen, inspectors, time-study men, timekeepers, confiden- tial employees, watchmen, salaried employees, apprentices, office eln- ployees, hospital attendants, and all probationary employees,' to de- termine whether or not said employees desired to be represented for the purposes of collective bargaining by Farm Equipment Workers Organizing Committee, Local 12, C. I. O. or by the Protective Group for the purposes of collective bargaining with the Company, or by neither. On July 9, 1941, the Regional Director issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report the Regional Director reported as follows concerning the balloting and its results : Total number of eligible voters_______________________________ 562 Total number of ballots cast________ __________________________ 537 Total number of votes for Farm Equipment Workers Organizing Committee, Local 120, affiliated with the C. I. O______________ 123 Total number of votes for A C S. Employees Protective Group__ 403 Total number of votes for neither_____________________________ 7 Total number of blank ballots________________________________ 0 Total number of challenged ballots___________________________ 2 Total number of void ballots__________________________________ 2 Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Allis-Chalmers Manufacturing Company, Springfield,,Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees at the Springfield, Illinois, plant, excluding superintendents, assistant superintendents, foremen, assistant foremen, inspectors, time-study men, timekeepers, ' The stipulation provided for the exclusion of all employees newly hired by the Company since January 1, 1941," from the appropriate unit. The stipulation was signed on June 25, 1941, and intended by the foregoing provision to exclude probationary employees , that is, newly hired employees who had been in the company 's employ for less than 6 months Since, however , this provision of the stipulation by its terms would exclude from the appro- priate unit all employees hired after January 1 , 1941, even though , by serving the Company for a period of over 6 months , they had become regular employees , we shall not give effect to it We shall , however, provide for the exclusion of probationary employees from the appropriate unit 450122--42-v of 33-72 1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD confidential employees , watchmen, salaried employees , apprentices, office employees , hospital attendants , and all probationary employees '2 constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 ( b) of the National Labor Relations Act. 3. A. C. S. Employees Protective Group has been designated and selected by a majority of the employees in the above unit and is their representative for the purposes of collective bargaining , and is the exclusive representative of all employees in such unit, within the meaning of Section 9 ( a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, IT IS HEREBY CERTIFIED that A. C. S. Employees Protective Group has been designated by a majority of all production and maintenance employees at the Springfield, Illinois, plant , excluding superintendents, assistant superintendents , foremen, assistant foremen, inspectors, time- study men , timekeepers , confidential employees, watchmen, salaried employees, apprentices , office employees , hospital attendants , and all probationary employees , as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, A. C. S. Employees Protective Group is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment , and other conditions of employment. 2 See footnote 1 supra.