Caterpillar Tractor Co.

National Labor Relations Board - Board Decisions

Nov 17, 1941

36 N.L.R.B. 1035 (N.L.R.B. 1941)

In the Matter Of CATERPILLAR TRACTOR CO. and FARM EQUIPMENT
WORKERS .URGANI7.ING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. R-3192.-Decided November 17, 1941
Jurisdiction : tractor, road machinery, and Diesel engine manufacturing indus-
try.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to grant union exclusive recognition ; election necessary.
Unit' Appropriate for Collective Bargaining : hourly paid production and main-
tenance employees, with certain inclusions and exclusions
11Ir. Ralph M. Illonle,' of East Peoria ; Ill., for ,the Company.
Messrs. Meyers d Meyers, by Mr. Irving Meyers, of Chicago, Ill.,
for the F. E. W. O. C.
Mr. Henry 4. McFarland, of Peoria , Ill., for the Federal Labor
Union.
Mr. ill. G. Coffman, of East Peoria, Ill., for the Independent.
Mr. Roy E. Rogers, of'Hammond, Ind., for the Pattern Makers.
MMJr. Eric B. Bjur man, of Peoria, Ill., for the I. A. M.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
. STATEMENT OF THE CASE
On September 9. 1941, Farm Equipment Workers Organizing
Committee, affiliated with the C. I. 0., herein called the F. E. W.'
O. C., filed with the Regional Director for the Thirteenth Region
(Chicago, Illinois) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees
of Caterpillar Tractor Co., Peoria, Illinois, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. 'On October 1, 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, or-
36 N L. R. B , No. 212.
1035
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On October 2 and 7, 1941, the Regional Director issued a notice
of hearing and a notice of continuance of hearing, respectively,
copies of both of which were duly served upon the Company and
the F. E. W. O. C., and upon Independent Union of Tractor Workers,
herein 'called the' Independent; and International Association of Ma-
chinists, herein called the I. A. M., labor organizations claiming to
represent employees directly affected by the investigation, and upon
Pattern Makers League of North America, herein called the Patterii
Makers, a labor organization representing employees of the Com-
pany. On October,,7, 1941, the Regional Director also issued copies
of the above notices which were duly served upon Federal Labor
Union No. 22945, American Federation of Labor, herein called the
Federal Labor Union, a labor organization claiming to represent
employees directly affected by the investigation. On October 11,
1941, the Regional Director issued notice of further continuance
of hearing, copies of which were duly served upon the Company, the
F. E. W. O. C., the Federal Labor Union, the Independent, the
I. A. M., and the Pattern Makers.
Pursuant to notice, a hearing was held on October 21, 1941, at
Peoria, Illinois, before Isaiah S. Dorfman, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the
F. E. W. O. C., the Federal Labor Union, the Independent, the
I. A. M., and the Pattern Makers were represented by counsel or
duly authorized representatives and all except the Pattern Makers
participated in the hearing.' Full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing
on the issues was afforded all parties. During the course of the hear-
ing, the Trial Examiner made rulings on objections to the admission
of evidence. The Board has reviewed these 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
I. TIIE BUSINESS OF TIIE COMPANY
The ,Company is a California corporation engaged in the manu-
.facture, sale, and distribution of tractors, road machinery, and Diesel
engines. The plant involved in this proceeding is located in Peoria,
Illinois. From January through June 1941, the Company purchased
I See footnote 3, infra.
CATERPILLAR TRACTOR CO. 1037
raw materials having an approximate value of $25,000,000. At least
50 per cent of such materials were transported to the Peoria plant
from points outside the State of Illinois. During the same period,
the Company sold products having an approximate sales value of
$50 ,000,000. Approximately 90 per cent of such products were trans-
ported from the, Peoria plant to points outside the State of Illinois.
II. THE ORGANIZATIONS INVOLVED
Farm Equipment Workers Organizing Committee is a labor or-
ganization affiliated with the Congress of Industrial Organizations.
Federal Labor Union No. 22945, Pattern Makers League of North
America, and International Association of Machinists are labor or-
ganizations affiliated with the American Federation of Labor. Inde-
pendent Union of Tractor Workers is a labor organization. Each
of the foregoing labor organizations admits to membership employees
of the Company.
III. T LIE QUESTION CONCERNING REPRESENTATION
On two occasions in April 1941, the F. E. W. O. C. requested of
the Company recognition as exclusive representative of the Com-
pany's production and maintenance employees. On each of these
occasions, the Company refused to grant such recognition. A state-
ment of the Regional Director introduced in evidence shows that the
F. E. W.-O. C. represents a substantial number of employees in the
unit hereinafter found to be.appropriate.2
We find that a question has arisen concerning the representation
of employees of the Company.$
, 2 The Company's hourly pay roll for the period ending September 13, 1941, bears 13,100
names
The F. E. W. 0 C submitted to the Regional `Director approximately 4,500 authorization
cards. The Regional Director reported that the signatures on these cards were not
checked against the pay roll since, as noted below, the F. E. W. O. C. has a membership
contract with the Company.
The other labor organizations submitted the following evidence of membership: The
Federal Labor Union submitted to the Regional Director 480 authorization cards, 67
of which were undated and the remainder of which were dated between May and September
1941. Of the authorization cards submitted, 341 bore names listed on the Company's pay
roll for the period ending September 13, 1941. In addition, the Federal Labor Union
submitted 139 authorization cards for which there appeared to be no clock numbers. No
check was made of these cards against the pay roll. Two of the 480 cards were unsigned.
As noted below, the I A M has a membership contract with the Company. The Inde-
pendent submitted to the Regional Director 151 undated application cards. Of these, 138
bore signatures which appeared to be the names of employees on the Company's pay roll,
and 1 card was unsigned.
8 Since, as noted below, pattern makers and pattern makers' apprentices are by..stipu-
lation excluded from the appropriate unit, and the Company recognizes the Pattern
Makers as exclusive bargaining representative of pattern makers in its employ, no question
concerning representation of pattern makers and pattern makers' apprentices is raised in
this proceeding
1038 DECISIONS OF NATIONAL' LABOR RELATION'S BOARD
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 Company
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 Company 's position is that the -determination of the appro-
priate unit is for the Board. At the hearing the F. E. W. O. C., the
Federal Labor Union, the Independent , and the I. A. M. stipulated,
and we find ; that the following groups of employees should be in-
cluded in the appropriate unit: hourly paid production and mainte-
nance employees , lead men , apprentices other than pattern makers'
apprentices, hourly paid factory clerical employees , timekeepers, all
hourly paid employees in metallurgical department, testers employed
in proving ground and plant proper , employees in material control
department ( production office ), and janitors . It was further stipu-
lated and • we find that the following groups of employees should be
excluded from the unit : Supervisory employees , foremen, ' pattern
makers and pattern makers ' apprentices , watchmen, office employees,
and heating -department employees.
The Federal Labor Union and the Independent - desire the inclusion
in, and the F. E. W: O. C. desires the'exclusion from, the appropriate
unit, of the following groups of employees : cafeteria employees ;
tool designing department employees in, tractor and road i a-elli ie
divisions '; planning department employees in tractor , foundry, and
road machine divisions ; experimental machine 'shop employees ;' ekperi-,
mental laboratory, employees; and engineering office employees.4- The
Independent desires the inclusion in, and the F. E'. `WW. O'. C. the ex '
elusion from, he • appropriate unit, of salaried factory clerical
employees.
On June 3, 1941 , the Company and the F. E. W. O. C. entered
into an agreement providing for recognition' of the F. E. W. O. C. "as
the collective bargaining agent for members of the Union employed
by the Company in Peoria , Illinois, on the hourly roll who are engaged
in production and maintenance work." On July 27, 1941, the Coin-
' As to the third , fourth , and last groups enumerated, the independent's position is that
only hourly paid employees in these groups should be included in the unit
CATERPILLAR TRACTOR CO. 1039
parry recognized the Pattern Makers as the exclusive bargaining rep-
resentative of all pattern makers in the Company's employ in Peoria.
On August 21, 1941, the Company and the I. A. M.,entered into an
agreement providing for recognition of the I. A. M. as the representa-
tive of its members employed by the Company in Peoria, Illinois,
"on the hourly payroll."
The testimony of the Company's Director of Industrial Relations
indicates that the disputed groups of employees discussed below were
not by name included in or excluded from the scope of the agreements
with the F. E. W. O. C. or the I. A. M. The Director of Industrial
Relations stated at the hearing that to his knowledge no hourly paid
employees were excluded from the scope of these agreements.
Salaried factory clerical, employees. There appears to be-one such
employee at the present time, whose duty it is to- distribute and to
"control" blue-prints. The Director of Industrial Relations testified
that there was no real difference between his duties and those of hourly
factory clerical employees, who are included in the unit by stipulation.
The Director testified that he knew no reason why the one factory clerk
was salaried, stating that this employee merely "happened"-to be so
paid. According to the F. E. W. O. C. constitution, those admissible
to membership in that organization include "clerical workers.", The
bylaws of the Independent excludes from membership only persons
having the right to hire or discharge. Under the circumstances, we
shall include salaried factory clerical employees in the appropriate
unit.
The I. A. M. made no contentions at the hearing which were at
variance with those of the Federal Labor Union. The I. A. M. indi-
cated that its members would vote "in the American Federation of
Labor column," and, so far as appears, does not dispute the Federal
Labor Union's right to represent any of the employees in the appro-
priate unit.
Cafeteria employees. These employees are hourly paid, with the
exception of a number who are clearly supervisory employees. Most
of the cafeteria employees are girls who are classified as waitresses,
counter clerks, salad clerks, cooks, or stand supervisors. The sole
function of these employees is the preparation- and service-'of food.
The base rate of pay of these employees is about 40 cents, whereas
the starting rate among production employees is 70 cents. In addition
to their hourly rate of pay, the cafeteria employees receive one or two
meals. According to the testimony of the Director of Industrial Rela-
tions,-.no union in bargaining with the Company has ever expressly
claimed to represent, such 'employees. Since their function, working
conditions, and interests are distinct from those of production and
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintenance employees, we shall exclude the cafeteria employees from
the unit.5
Engineering office. At the present time, there are only salaried em-
ployees in the engineering office. Such employees are engineers and
draftsmen. The engineers are required to have an engineering back-
ground including college training or its equivalent. No union has
ever sought to bargain for this group. Since they are salaried em-
ployees who are not engaged in production or maintenance work and
who are performing duties for which a high degree of skill and train-
ing is required, we shall exclude the engineering office employees
from the unit.e
Tool designing department employees in tractor and road machine
divisions. The two main classifications of employees in the tool de-
signing department are tool and machine designers and detailers,
both hourly paid groups of employees. Machine designers perform
the work which their name implies, and require skill and a thorough
knowledge of shop problems, machinery, and design. The detailers
work out the details of the particular machine which is designed. The
base rate of pay in the tool designing department is more than 70
cents per hour, the starting rate in the production departments. The
tool designing department is located in a building which houses gen-
eral factory offices, material control office, maintenance office, and
engineering department. There is a close working relation between
the tool designers and the tool makers. The superintendent of the
tool room has an office in the same building as the tool designers and
such office is adjacent to the space occupied by tool designers. A large
number of tool designers are recruited from the Company's own shops.
The Director of Industrial Relations testified that while the Company
has dealt with a number of organizations as representatives of their
members, he did not know in which departments such members were
located and did not recall that any union ever claimed to represent tool
designing department employees. Under all the circumstances, since
they are not engaged in production or maintenance work, and in view
of the skill and training required of them, we shall exclude the tool
designing department employees from the appropriate unit.'
Planning department employees, in tractor, foundry and road mna-
chine divisions. These are all hourly paid employees, with the excep-
tion of supervisors in the planning department. The planning depart-
5 See Matter of National Distillers Products Corporation and United Distillers Indus-
trial Local Union No 758, C 1 0 , 28 N L. R B , No 172
9 See Matter of Union Swatch & Signal Company and United Electrical, Radio & Machine
Workers of America, Local 610 , 30 N L R B, No 130
7 See Matter of Union Switch & Signal Company and, United Electrical, Radio & Machine
Workers of America, Local 610, 30 N L. R B , No 130 ; Matter of Menasco Manufacturing
Company and International Union of United Automobile Workers of America, Local 683,
C I O,^28 N L R B, No 160
CATERPILLAR TRACTOR CO 1041
ment's function consists of the study of problems relating to budding
;ay-outs, assembly lay-outs, or machine lay- outs. There is also some
drafting work, and the employees work with blue-prints. These em-
ployees receive rates of pay higher than the base rate of 70 cents for
the production divisions. The classifications of employees in the plan-
ning department are as follows : ( a) routing and tooling employees,
who determine the routes material shall take through the factory, and
which machines and operations are required, and whose work requires
an extensive knowledge of shop problems and a great deal of mechanical
training and background; (b) time-study employees, who engage in
analyzing the work expectancy of machines or operations , and who are
skilled employees requiring a machine-shop background and factory
experience ; (c) lay-out employees , who also require a mechanical back-
ground and a knowledge of factory problems; and (d) estimators,
who estimate the probable costs of certain operations, and whose work
is partly clerical and requires a knowledge of shop operations. Under
all the circumstances, and in view of the training, experience, and skill
required of these employees and the nature of their duties, we shall
exclude planning department employees from the appropriate unit.
Experimental laboratory employees. This is a small group of em-
ployees engaged in the development of new engineering proces--es. The
large majority of these employees are promoted to this department
from other positions in the plant. The following classifications in this
department are hourly paid employees : dynamometer operators, assem-
blers, machinists, inspectors, follow-up men, stock chasers, and a mis-
cellaneous group. There are also some salaried engineers in this depart-
ment. The dynamometer operator reads an instrument which measures
the efficiency of engines. His work is not particularly skilled. The ma-
chinists in this department perform bench lay-out work, which requires
more skill than the work of plant machinists . The assemblers and in-
spectors in this department perform work similar to that engaged in
by assemblers and inspectors in the plant proper except that the work
of the assemblers and inspectors in the laboratory is not as routine.
Assemblers in this department are good mechanics who are capable of
working with newly designed pieces. Under all the circumstances, and
in view of the nature of their work, we shall include hourly paid em-
ployees in this department in the appropriate unit. However, the
salaried engineers shall be excluded from the unit.
Experimental machine shop. This shop has a small number of cln-
ployees who are classified as experienced operators of lathes , grinders,
milling machines, and drills. They are hourly paid employees having
more experience than that of production employees. Their primary
duty consists of production of experimental parts. They follow in-
structions from blue--prints and receive instructions from the engineer-
433118-42-vol 36-67
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing department. They require extensive experience in the operations
in which they are engaged. They receive a rate of pay higher than the
base rate in the factory. Since, so far as appears, except as indicated
above, the work of these employees does not differ from that of ma-
chine operators in production departments, we shall include employees
of the experimental machine shop in the unit.
We find that the following employees of the Company at its Peoria,
Illinois, plant : hourly paid production and maintenance employees,
lead men, apprentices other than pattern makers' apprentices, hourly
paid factory clerical employees, timekeepers, hourly paid employees
in metallurgical department, testers employed in proving ground
and plant proper, employees in material control department (produc-
tion office), janitors, salaried factory clerical employees; hourly paid
experimental laboratory employees (dynamometer operators, assem-
blers, machinists, inspectors, follow-up men, stock chasers, and miscel-
laneous employees), and experimental machine shop employees; ex-
cluding supervisory employees, foremen, pattern makers and pattern
makers' apprentices, watchmen, office employees, heating department
employees, cafeteria employees, engineering office employees, tool de-
signing department employees in tractor and road machine divisions,
planning department employees in tractor, foundry and road machine
division (routing and tooling employees, tine-study men, lay-out em-
ployees, estimators), and salaried engineers in experimental labora-
tory; constitute a unit appropriate for the purposes of collective bar-
gaining, and that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. As indi-
cated above, the I. A. M. has expressed no desire to be designated on
the ballot as the I. A. M., and its representative stated at the hearing
that I. A. M. members would vote "in the American Federation of
Labor column." The F. E. W. 0. C. desires to appear on the ballot-
'as "United Farm Equipment Workers of America, Local 105, affiliated
with the C. I. 0." The Federal Labor Union desires to appear on the
ballot as "American Federation of Labor, Local No. 22945." The
F. E. W. 0. C. requests that eligibility to vote be determined by the
pay roll immediately preceding the Direction of Election herein. The
Federal Labor Union requests as the pay-roll date the last Friday
preceding the date of the election. No reason appears for this latter
request. We shall follow our usual practice and direct that the em-
ployees of the Company eligible to vote in the election shall be those
CATERPILLAR TRACTOR CO. 1043
In the appropriate unit employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction.'
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 Caterpillar Tractor Co., Peoria, Illinois,
within, the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. The following employees of the Company at its Peoria, Illinois,
plant: hourly paid production and maintenance employees, lead men,
apprentices other than pattern makers' apprentices, hourly paid fac-
tory clerical employees, timekeepers, hourly paid employees in metal-
lurgical department, testers employed in proving ground and plant
proper, employees in material control department (production office),
janitors, salaried factory clerical employees, hourly paid experimental
laboratory employees (dynamometer operators, assemblers, machin-
ists, inspectors, follow-up men, stock chasers, and miscellaneous em-
ployees), and experimental machine shop employees; excluding super-
visory employees, foremen, pattern makers and pattern makers' ap-
prentices, watchmen, office employees, heating department employees,
cafeteria employees, engineering office employees, tool designing de-
partment employees in tractor and road machine divisions, planning
department employees in tractor, foundry and road machine divisions
(routing and tooling employees, time-study men, lay-out employees,
estimators), and salaried engineers in experimental laboratory; con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Caterpillar Tractor Co., Peoria, Illinois, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
O The Federal Labor Union requests that the election be conducted on the premises of
the Company The F E IN' 0 IC 's position is that an election away from the pl mt is
ecsential to a free choice of representatives The time and place of the election shall be
detemmned, in accordance with onr usual practice, by the Regional Director
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(30) days from the date' of this Direction of Election, under the di-
rection and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions, among the following employees of the Company at its Peoria,
Illinois, plant : hourly paid production and maintenance employees,
lead men, apprentices other than pattern makers ' apprentices , hourly
paid factory clerical employees, timekeepers, hourly paid employees
in metallurgical department, testers employed in proving ground
and plant proper, employees in material control department (produc-
tion office), janitors, salaried factory clerical employees, hourly paid
experimental laboratory employees (dynamometer-operators, assem-
blers, machinists, inspectors, follow-up men, stock chasers, and mis-
cellaneous employees), and, experimental machine shop employees;
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including those 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 supervisory employees, 'foremen,
pattern makers and pattern makers ' apprentices , watchmen, office em-
ployees , heating department employees , cafeteria employees , engineer-
ing office employees, tool designing department employees in tractor
and road machine divisions , planning department employees in tractor,
foundry and road machine division (routing and tooling employees,
time-study men, lay-out employees, estimators), salaried engineers in
experimental laboratory, and employees who have since quit or been
discharged for cause; to determine whether they desire to be repre-
sented by United Farm Equipment Workers of America, Local 105,
affiliated with the C. I. 0., or by American Federation of Labor, Local
No. 22945, or by Independent Union of Tractor Workers, for the pur-
pose of collective bargaining, or by none of these organizations.