Deere & Webber Co.

National Labor Relations Board - Board Decisions

Dec 21, 1944

59 N.L.R.B. 1179 (N.L.R.B. 1944)

In the Matter of DEERE & WEBBER CO ., CORN PICKER ASSEMBLY PLANT
and INTERNATIONAL ASSOCIATION OF MACHINISTS , DISTRICT #77,
A. F. OF L.
Case No. .18-R-1150.-Decided December 21, 1944
Mr. S. M. Lyman, of Minneapolis, Minn., for the Company.
Mr. James Ashe, of St. Paul, Minn., for the A. F. of L.
Mr. Carl A. Hallquist, of St. Paul, Minn., for the U. A. W.-C. I. 0.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machin-
ists, District #77, A. F. of L., herein called the A. F. of L., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Deere & Webber Co., Corn Picker Assembly
Plant, Minneapolis, Minnesota, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Stephen M. Reynolds, Trial Examiner. Said
hearing was held at'Minneapolis, Minnesota, on November 24, 1944.
At the commencement of the hearing, the Trial Examiner granted a
motion of International Union, United Automobile, Aircraft & Agri-
cultural Implement Workers of America, C. I. 0., herein called the
U. A. W.-C. I. 0., to intervene. The Company, the A. F. of L., and
the U. A. W.-C. I. O., appeared at and participated in the hearing
and all parties 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 prejudicial error and are hereby affirmed. All parties were
afforded opportunity 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 & Webber Co. is a Minnesota corporation and a wholly
owned subsidiary of Deere & Company. We are here concerned with
59 N. L. R. B., No. 211. 1179
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its plant at Minneapolis, Minnesota, where it is engaged in the assem-
bly of corn pickers. About 40 percent of the parts used by the Com-
pany is shipped to it from points outside the State of Minnesota.
During 1944 thus far the Company assembled products valued in
excess of $300,000, about 80 percent of which was or will be shipped
to points outside the State of Minnesota.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District #77, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
International Union, United Automobile, Aircraft & Agricultural
Implement 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 October 16, 1944, the A. F. of L. requested recognition of the
Company as exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request until such time
as the A. F. of L. is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the A. F. of L. and the U. A. W.-C. I. O. each
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 A. F. of L. and the U. A. W.-C. 1. 0. request that all hourly paid
production and maintenance employees at the Minneapolis plant of the
Company, including inspectors, watchmen, and the elevator operator,
but excluding executives, office and factory clerical employees, the
second assistant chief inspector, and any other supervisory employees,
constitute an appropriate unit. The only controversy with respect to
the unit concerns inspectors, watchmen, and the elevator operator.
The Company would exclude all such persons from the unit.
I The Trial Examiner reported that the A . F. of L. and the U. A. W.-C. I. O. presented
60 and 54 membership application cards, respectively, bearing the names of persons who
appear on the Company 's pay roll of November 21, 1944. There are approximately 150
employees in the appropriate, unit.
DEERE & ,WEBBER CO. 1181
The Company employs four inspectors who inspect parts and fin-
ished machines . The record indicates that none of them has any
authority to recommend effectively the hire, discharge, or discipline
of any other employees. We shall include them in the unit.
The Company employs two watchmen, neither of whom is armed,
deputized, or uniformed. They perform duties normally performed,
by watchmen, and in addition keep clean the area to which they are
assigned. Since the watchmen are not deputized and perform no
monitorial duties, we see no reason for excluding them from the unit.
We shall include the watchmen in the unit.
The Company employs one elevator operator who services the entire
building in which the Company is located. The Company contends
he should be excluded from the unit because he also services other
companies. However, he is paid only by the Company, and carries
materials used by the Company from floor to floor. We shall include
him in the unit.
We find that all hourly paid production and maintenance em-
ployees at the Minneapolis plant of the Company, including inspec-
tors , watchmen, and the elevator operator, but excluding office and
factory clerical employees, executives, the second assistant chief in-
spector, and all other 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 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 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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Deere & Webber
Co., Corn Picker Assembly Plant, Minneapolis, Minnesota, 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 direc-
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion and supervision of the Regional Director for the Eighteenth Re-
gion, 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 they desire to be represented by Inter-
national Association of Machinists, Local #77, affiliated with the
American' Federation of Labor, or by International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining, or by neither.