Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 15, 1942

43 N.L.R.B. 255 (N.L.R.B. 1942)

In the Matter of ALLIS-CHALMERS MANUFACTURING Co. and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 765
Case No. B-4059.-Decided August 15, 194.
Jurisdiction : motor manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to bargain in view of existing contract with rival union ; contract held
no bar where original agreement had been operative for initial term of 1 year
and extension agreement had been entered into with full knowledge of-claims
of petitioner ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees of Company's Norwood Works, with specified inclusions and exclusions.
Mr. John L. Waddle ton, of Milwaukee, Wis., for the Company.
Mr. Ernest DeMaio, of Chicago, Ill., and Mr. Waldo Stager, of Cin-
cinnati, Ohio, for the C. I. 0.
Mr. Alphonse G. Reisenberg, Mr. Albert,G. Muckerheide, and Mr.
Harry Detmaring, of Cincinnati, Ohio, for the Association.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, Local 765, affiliated With the C. I. O.; herein
called the C. I. 0., alleging that a question affecting commerce had
arisen concerning the representation of employees of Allis-Chalmers
Manufacturing Co., Norwood, Ohio, herein called the Company, the
National Labor Relations Board 'provided for an appropriate hear-
ing upon due notice before Thomas E. Shroyer, Trial Examiner. Said
hearing was held at Cincinnati, Ohio, on July 21, 1942. The Com-
pany, the C. I. 0., and Employees Association of the Norwood Works
of the Allis-Chalmers Manufacturing Company, herein called the
Association, appeared and participated., All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
1International Union, United Automobile Workers of America, affiliated with the A. F.
of L., although served with notice, did not appear.
43 N. L. R. B., No. 32.
255
256, ; DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and to introduce evidence bearing on the ; issues. The Trial Ex-
aminer's rulings made at the hearing' are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Allis-Chalmers Manufacturing Co. is engaged in the manufacture,
sale, and distribution of electric motors of less than 500 horsepower,,
and electrically driven hydraulic pumps. Only its plant located in
Norwood, Ohio,, is involved in this proceeding. Total annual sales
of products manufactured at the Norwood plant exceed $2,500,000 in
value, of which approximately 80 percent in value is shipped to points
outside the State of Ohio. The principal raw materials used at the
Norwood plant consist of steel castings, copper dire, and miscellane-
ous electrical equipment. Over 75 percent of the raw materials- are
shipped to the plant from points outside the State of Ohio.
The Company admits that in its operations at the Norwood plant
it- is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS, INVOLVED
United Electrica l, Radio R Machine Workers of America , Local 765,
is a labor organization affiliated with the Congress of Industrial
Organizations . It admits 'to membership employees of the Company.
'Employees Association of the Norwood Works of the Allis-Chalmers
Manufacturing Company is 'an unaffiliated labor organization. It
, admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 2, 1942, the Company received a letter from the C. I. O. in
which the latter claimed to represent a majority of the Company'3
employees and requested recognition. The Company replied on April,
9, 1942, that the C. I. O's request was not in order in view of the exist-
ence of a collective bargaining contract between the Company and the
Association. The contract to which the Company had reference was
entered into on July 14, 1941, after the Association had won a consent
election conducted on April 29, 1941. The terms of this contract pro-
vide that it "shall remain in full 'force and effect until July 1, 1942,
inclusive, and thereafter from year to year, unless notice is given in
writing to the other party by the party desiring the change, not later
than thirty (30) days prior to any date of expiration." On April 10. -
1942, the C.1 I. O. mailed' a second letter to the Company. This letter
ALLIS-CHALMERS MANUFACTURING COMPANY -257
advised the Company not to renew its contract with the Association "
nor enter into a new contract until the Board determined the propel,
bargaining representative. Although it had received 'this letter, the,
Company entered into a so-called "extension agreement" with the As-
sociation on June 27, 1942, in which it was agreed that -the 1941 con-
tract "may be extended until such time as the succeeding agreement
between the above parties may be signed."
The Company's position at the hearing regarding the effect of this
extension agreement upon a present investigation and'certification of
representatiyes was one of strict neutrality. The Association did not
plead the contract as a bar to this proceeding. We find that the exten-
sion agreement is no bar to a, present determination of the question
concerning representation, since the original agreement has been oper-
ative for its initial term of 1 year, and the extension agreement was
entered into with full knowledge of the claims of the C. I. O.
Statements of the Regional Director, introduced in evidence at the
hearing, indicate that the C. I. O. represents a substantial ]lumber of
employees in the unit hereinafter found appropriate.2
IV. THE APrROPIi1ATE UNIT.
The parties stipulated that the appropriate unit consisted of all
production and maintenance employees of the Norwood Works of
the Company,' excluding supervisory employees, superintendents, as-
sistant superintendents, foremen, assistant foremen, group or unit
leaders who exercise supervisory control in that they direct others
in their work and may recommend hiring and discharging, main of-
fice employees, watchmen and plant protection employees, cooperative
students, operating engineers in the powerhouse, and supervisory shop
clerks. .
The parties were unable to agree upon the disposition of inspec-
tors. The inspection department of the Company consists of approx-
imately 80 inspectors, roughly divisible into 3 groups. Oine group
consists of testers, 24 in number, who check the operation of the com-
pleted motors.4 The Company contended that the remaining inspec-
tors could be divided into approximately equal groups, 1 group coln-
' The C , T 0 submitted a total of 812 authorization cards, of which 791 bole apparently
genuine original signatures; and 1 3 0 of the signatures were names of persons whose names
appeared on a pay roll of the Company which listed 1,329 employees in the.unit herein-
after found to be appropriate
The Association and International Union, United Automobile Woikeis of America, affil-
iated Ni'rth the A F of L declined to submit authorization cards, the former a4aiently
relying upon its contract with the Company to show its interest
, The parties agreed that "production and maintenance employees " includes, among
others all employees in the foundry , the F 31 department , the toolioom , the pattern shop,
and all poweiliouse employees with the exception of operating engineers.
4 The record 15 not absolutely clear that the group of 80 inspectors also includes the
testers
4Si 039-42-vol 43-17
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prising so-called "supervisory inspectors"; the other, '"ordinary or
checking inspectors." The Company would exclude the supervisory
inspectors and 'appeared to be of the opinion that the testers should
also be excluded. The Association would exclude only the super-
visory inspectors. The C. I. O.'s position was that the Board should
decide the disposition of inspectors.
Since the Association contract includes ordinary or checking inspec-
tors, and, furthermore , since none of the parties desires their exclusion,
we shall include ordinary or checking inspectors in the appropriate
unit.' The Association contract excludes supervisory. inspectors.
Therefore, we shall exclude supervisory inspectors from the appro-
priate unit.
The function of testers has already been defined as checking the
operations of the finished motors. The Company indicated that the
testers work in conjunction with the sales and' engineering depart-
ments, as do supervisory inspectors. We find that the functions of
testers are comparable to those of ordinary inspectors, who are cov-
ered by the Association's contract, and we' shall include testers in the
appropriate unit..
We find that all production and maintenance employees of the Nor-
wood Works of the Company, including ordinary or checking inspec-
tors and testers, but excluding supervisory employees, superintend-
ents, assistant superintendents , foremen , assistant foremen , group or
unit leaders who exercise supervisory control in that they direct others
in their work and may recommend hiring and discharging, super-
visory inspectors, main office employees, watchmen and plant pro-
tection employees, cooperative students, operating engineers in the
powerhouse , and supervisory shop clerks , constitute a unit appropri-
ate 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 our Direction of
Election ; subject to the limitations and additions set forth therein.
Since the International Union, United Automobile Workers of
America, affiliated with the A. F. of L., did not appear at, the hearing
and made no showing 9f representation , we shall not include its name
on the ballot.
ALLIS-CHALMERS MANUFACTURING COMPANY 259 '
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, ,Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Allis-Chalmers
Manufacturing Co., Norwood, Ohio, 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 Ninth 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 employees of the Company in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including 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, or temporarily laid off, but excluding any who have since quit
or been discharged for cause, to determine whether they desire to be
represented by United Electrical, Radio & Machine Workers of Amer-
ica, Local 765, or by Employees Association of the Norwood Works
of the Allis-Chalmers Manufacturing Company, for the, purposes of
collective bargaining, or by neither. - 4
MR. WMI.,•M. LEISERSON took no part in the. consideration of the
above Decision and Direction of Election. -