Deere and Co.

National Labor Relations Board - Board Decisions

Dec 8, 1943

53 N.L.R.B. 1220 (N.L.R.B. 1943)

In the Matter of DEERE AND' COMPANY, MIXED CAR' WAREHOUSE and
UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA, C. I. O.
Case No. 13-B-2032.-Decided December 8, 1943
Mr. H. W. Pike, of Moline, Ill., for the Company.
Meyers & Meyers, by Mr. H. E. Baker, of Chicago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
0
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Farm Equipment and Metal
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representation
of employees of Deere and Company, Moline, Illinois, herein called the
Company, the National Labor Relations Board provided for an ap-
•propriate hearing upon due notice before Robert T. Drake, Trial Ex-
aminer. Said hearing was held at Rock Island, Illinois, on November
10, 1943. The Company and the Union appeared, participated, and
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 preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Deere and Company is an Illinois corporation with its principal
office at Moline, Illinois. We are here concerned with its Mixed Car
Warehouse and garage at Moline, Illinois, where it is engaged in stor-
ing and distributing farm equipment and munitions. During 1942 the
Company purchased raw materials valued in excess of $1,000,000, over
70 percent of which was shipped to it from points outside the State of
53 N. L. R. B., No. 221.
1220
DEERE AND COMPANY 1221
Illinois. During the same period the Company manufactured products
valued in excess of $1,000,000, over 70 percent of which was shipped to
points outside the State of Illinois. The Company admits, with respect
to its Mixed Car Warehouse, that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Farm Equipment and Metal Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 1, 1943, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of certain of the
Company's employees . The Company refused this request.
A statement of the Regional Director , introduced into evidence at
the hearing , indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be 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 urges that all employees at the Mixed Car Warehouse
and garage of the Company, including warehousemen, car loaders,
laborers, mechanics, maintenance men, and interplant truckers at the
garage, but excluding supervisory and office clerical employees, consti-
tute an appropriate unit. The Company did not oppose the unit re-
quested by the Union in the instant case but reiterated the position
taken by it in prior cases involving the Company that all its plants
should constitute a single -unit.
The garage and Mixed Car Warehouse of the Company are under
the supervision of the same superintendent and foreman and the em-
ployees at the Mixed Car Warehouse and the garage serve all company
plants. Under all the circumstances, we conclude that a single unit of
employees at the Mixed Car Warehouse and the garage is appropriate.
We find that all employees at the Mixed Car Warehouse and garage
of the Company, including warehousemen, car loaders, laborers,
mechanics, maintenance men, and interplant truckers at the garage,
' The Regional Director repotted that the Union presented 18 application membership
cards bearing apparently genuine signatures of persons whose names appear on the
September 23, 1943 , pay roll of the Company . There are approximately 34 employees in the
appropriate unit.
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
but excluding office clerical employees 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 bar-
gaining, 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 means of an election by secret ballot among
the employees in 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.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Deere and
Company, Moline, Illinois, an election by secret ballot shall be con-
ducted 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 Thirteenth 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
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately 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 temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any 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 United Farm Equip-
ment and Metal Workers of America, C. I. 0., for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.