International Harvester Co.

National Labor Relations Board - Board Decisions

May 22, 1941

32 N.L.R.B. 25 (N.L.R.B. 1941)

In the Matter of INTERNATIONAL HARVESTER COMPANY (FARMALL
WORKS) and FEDERAL LABOR UNION No. 22657, AFFILIATED WITH THE
AMERICAN FEDERATION-OF LABOR
Case No. R ,2505.Decided May 22, 1941
Jurisdiction : motor truck and agricultural equipment manufacturing industry.
Investigation and Certification of Representatives : existence of questions: Com-
pany denied requests of rival unions for recognition until such time as Board
determines the exclusive representative of the employees; employees hired to
replace employees who have been inducted into military or naval training or
service of the United States held eligible to vote; persons in the employ of the
Company for a period of 6 months or less held eligible to vote; elections
necessary.
Units Appropriate for Collective Bargaining : (1) production and maintenance
employees excluding salaried employees, supervisory employees on hourly rates
above the rank of working group leaders, factory clerical employees, office
clerical employees, indentured apprentices, progressive executive students, fire
and watch employees, temporary employees, pattern makers, and pattern mak-
ers' apprentices; and (2) pattern makers and pattern makers' apprentices:
determination of, presently made, although ordinarily an election would be
directed before establishing them as a separate appropriate unit, since only the
pattern makers' craft organization desires to appear on the ballot in such
election.
Mr. Jack G. Evans, for the Board.
Mr. Frank B. Schwarer, of Chicago, Ill., for the Company.
Mr. Joseph A. Padway, and Mr. Herbert S. Thatcher, of Wash-
ington, D. C., Mr. Henry A. McFarland and Mr. John J. Lorden, of
Rock Island, Ill., and Mr. Henry E. O'Reilly, of Chicago Ill., for
Local 22657.
Mr. George Q. Lynch., of Washington, D. C., and Mr. Roy E.
Rogers, of Hammond, Ind., for the Pattern Makers.
Meyers c Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
F. E. W. O. C.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On April 2, 1941, Federal Labor Union No. 22657, affiliated with
the American Federation of Labor, herein called Local 22657, filed
32 N. L. R. B., No. 4.
25•
26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 at the Farmall
Works of International Harvester Company, Rock Island, Illinois,
herein called the Company, 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 April 8, 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 Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an ap-
propriate hearing upon due notice.
On April 17, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and Local
22657, and upon Local 109, Farm Equipment Workers Organizing
Committee, herein called the F. E. W. O. C., and Pattern Makers
League of North America, Quad Cities Association, herein called the
Pattern Makers, labor organizations claiming to represent employees
directly affected by the investigation. Pursuant to notice, a hearing
was held on April 28, 1941, at Davenport, Iowa, before R. N. Den-
ham, the Trial Examiner duly designated by the Chief Trial Ex-
aminer. The Board, the Company, Local 22657, and the F. E. W.
O. C. were represented by counsel, the Pattern Makers by its repre-
sentatives; all participated in the hearing. At the commencement
of the hearing the Trial Examiner granted a motion to intervene
filed by the Pattern Makers. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. At the close of the hear-
ing, counsel for the F. E. W. O. C. moved to consolidate this pro-
ceeding with other proceedings involving the Company which are
pending before the Board. The Trial Examiner reserved ruling
thereon. The motion is hereby denied. At the close of the hearing,
counsel for the Board moved to conform the pleadings to the proof
adduced at the hearing. The Trial Examiner granted the motion.
During the course of the hearing the Trial Examiner made several
rulings on other motions and on objections to the admission of evi-
dence. The Board has reviewed all the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Pursuant to notice duly served upon all the parties, a hearing for
the purpose of oral argument was held before the Board on May 2,
1941, at Washington, D. C. Local 22657, the F. E. W. O. C., and the
Pattern Makers were represented and participated in the argument.
The Company did not appear, at the argument.
INTERNATIONAL HARVESTER COMPANY 27
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
International Harvester Company is a New Jersey corporation with
its general offices at Chicago, Illinois. The Company is engaged in
the design, manufacture, assembly, repair, sale, and distribution of
motor trucks, farm tractors, industrial tractors, tillage implements,
planting and seeding machines, hoeing machines, and other farm
equipment and kindred items and supplies. It operates plants in
the States of Illinois, Wisconsin, Indiana, Ohio, New York, Ten-
nessee, and California. This proceeding is concerned solely with its
Farmall Works located at Rock Island, Illinois. The Company uses
large quantities of raw materials in its manufacturing operations
at the Farmall Works, a very substantial amount of which are
shipped to the Farmall Works from points outside the State of Il-
linois. During 1940 the Company manufactured products at its
Farmall Works valued at about $27,000,000, a very substantial per-
centage of which represented shipments made by the Company to
points outside the State of Illinois. The Company employs
approximately 4,000 employees at the Farmall Works.
H. THE ORGANIZATIONS INVOLVED
Pattern makers League of North America, Quad Cities Association,
is a labor organization affiliated with the American Federation of
Labor. It admits to membership employees at the Farmall Works
of the Company.
Federal Labor Union No. 22657 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees at the Farmall Works of the Company.
Local 109, Farm Equipment Workers Organizing Committee, is
a labor organization affiliated with the Congress of Industrial Or-
ganizations. It admits to membership employees at the Farmall
Works of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Pattern Makers, Local 22657, and the F. E. W. O. C. have
each requested the Company to be recognized as exclusive represent-
ative of certain employees at the Farmall Works. The Company
has denied all of these requests until such time as the Board deter-
mines the exclusive representative of the employees. Statements of
the Regional Director and the Trial Examiner, introduced in evi-
dence at the hearing, show that the Pattern Makers, Local 22657,
28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and the F. E. W. O. C. each represent a, substantial number of em-
ployees in the unit alleged by each to be appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING
REPRESENTATION UPON COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Company, the F. E. W. 0. C., and Local 22657 agreed at the
hearing that all production and maintenance employees at the
Farmall Works of the Company, excluding salaried employees, super-
visory employees on hourly rates above the rank of working group
leaders, factory clerical employees, office clerical employees, inden-
tured apprentices, progressive executive students, fire and watch
employees, and temporary employees, constitute,a unit appropriate
for the purposes of collective bargaining. They further agreed that
the pattern makers and pattern makers' apprentices should be in-
cluded in such unit unless they are found by the Board to constitute
a separate unit.
The Pattern Makers urges that all pattern makers and pattern
makers' apprentices at the Farmall Works of the Company constitute
an appropriate unit. Local 22657 stated that it had no objection to
this unit. The F. E. W. 0. C. stated that the question of whether
or not the pattern makers and pattern makers' apprentices constitute
a separate unit was one for the Board, but that in the event the
Board found them to constitute a separate appropriate unit it did
not desire to appear on the ballot in and election among such em-
ployees. The pattern makers work in a separate department of the
plant and their work is of a highly skilled nature, requiring a
lengthy apprenticeship. It appears that a majority of the pattern
I The Trial Examiner reported that 11 employees , whose names appear on the Company's
pay roll of April 19, 1941, have signed membership application cards in the Pattern Makers.
There are 16 employees on this pay roll who are in the unit alleged to be appropriate by
the Pattern Makers. The Regional Director reported that 635 employees , whose names
appear on the Company ' s pay roll of April 4, 1941, have signed membership application
cards in Local 22657, and that 657 employees on this pay roll have signed membership
application cards in the F. E. W. O. C. There are 3,634 employees on the April 4, 1941,
payroll who are in the unit alleged to be appropriate by Local 22657 and the F. E W. O. C.
INTERNATIONAL HARVESTER COMPANY 29
makers involved herein are members of the Pattern Makers. Al-
though we would ordinarily direct a separate election among the
pattern makers before establishing them as a separate appropriate
unit, since only the Pattern Makers desires to appear on the ballot
in such an election we shall make our determination as to the unit
at this time.
We find that all pattern makers and pattern makers' apprentices
at the Farmall Works of the Company constitute a unit appropriate
for the purposes of collective bargaining 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
effectuate the policies of the Act.
We find that all production and maintenance employees at the
Farmall Works of the Company, excluding salaried employees,
supervisory employees on hourly rates above the rank of working
group leaders, factory clerical employees, office clerical employees,
indentured apprentices, progressive executive students, fire and watch
employees, temporary employees, pattern makers, and pattern makers'
apprentices, constitute a unit appropriate for the purposes of collec-
tive bargaining 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 effectuate the policies of the Act.
VI. TIIE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by elections by secret ballot. ' The F. E.
W. 0. C. stated that in the event the Board directs an election, it de-
sires that the pay roll prior to Local 22605's petition dated April 2,
1941, be used to determine eligibility to vote. Local 22657 stated that
it desires that the pay roll immediately preceding the date of the
election be used for this purpose. It appears that the number of
employees employed by the Company is constantly increasing due to
an increase in orders because of the national defense program. In
accordance with our usual procedure, we shall direct that the employ-
ees eligible to vote in the respective elections shall be those in the
respective appropriate units whose names appear on the Company's
pay roll for the period immediately preceding the date of our Direc-
tion of Elections herein, subject to such limitations and additions as
are set forth in the Direction.
The F. E. W. 0. C. urges that employees who have been in the em-
ploy of the Company for a period of 6 months or less at the time of
the election should be deemed ineligible to vote. In support of ' its
contention it states that such employees are temporary. The record
discloses that all employees are hired by the Company on a perma-
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nent basis and receive the same salary as employee who have been in
the employ of the Company for more than 6 months. A representa-
tive of the Company testified that it-takes between 3 and 6 months
for the Company, to find out whether a new employee's work will
justify his retention on the pay roll. We find that such employees
should vote in the elections.
The F. E. W. 0. C. contends that employees hired to replace em-
ployees who have been inducted into the military or naval training
or service of the United States should be declared ineligible to vote
on the ground that they are temporary employees. Local 22657 de-
sires that these employees vote, stating in support of its contention
that these employees have prospects of being employed for at least
one year. The Company stated that it classifies such employees as
temporary so that in the future it will be in a position to comply with
the requirements of the Selective Service Act with respect to the
reemployment of the men who are inducted into the active military
service or training of the United States. It appears that these em-
ployees work under the same conditions as all other employees of the
Company and have prospects of at least 1 year's employment with
the Company. We find that they should vote in the elections.
The F. E. W. 0. C. stated that it desires that the elections be held
off the premises of the Company before or after working hours.
Local 22657 and the Company urge that the elections be held on com-
pany property during working hours. We shall leave the issues thus
raised by the conflicting claims of the F. E. W. 0. C. and Local 22657
to the determination of the Regional Director after consultation with
the parties.
The F. E. W. 0. C. requests that no election be held in this case
in less than 60 or more than 90 days from the date of the Decision
herein because of the unsettled conditions arising from the effects of
unfair labor practices on the part of the Company which have not
been dissipated 2 and the hiring of many new employees. In accord-
ance with our usual practice we shall direct that the elections in
this case be held as soon as possible, but not later than thirty (30)
days from the date of the Direction.
The F. E. W. 0. C. requests that the election in this case be held
on the same date as the elections in five other cases before the Board
involving the Company.3 We shall leave the determination of the
date on which each of the elections shall be held to the discretion of
the Regional Directors involved subject to the 30-day limitation set
2 On February 8, 1941, the Board issued a Decision and Order finding that the Company
had committed unfair labor practices within the meaning of the Act. Thereafter the
Regional Director notified the Board that the Company had complied with the Order.
2 These cases involve the McCormick Works, Rock Falls Works, East Moline Works,
Milwaukee Works, and West Pullman Works of the Company.
INTERNATIONAL HARVESTER COMPANY 31
out above. However, we hereby direct that none of the ballots in
any of the elections be opened and tabulated until after the completion
of all the elections.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees at the Farmall Works of International Har-
vester Company, Rock Island, Illinois, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All pattern makers and pattern makers' apprentices at the
Farmall Works of the Company constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the National Labor Relations Act.
3. All production and maintenance employees at the Farmall
Works of the Company, excluding salaried employees, supervisory
employees on hourly rates above the rank of working group leaders,
factory clerical employees, office clerical employees, indentured ap-
prentices, progressive executive students, fire and watch employees,
temporary employees, pattern makers, and pattern makers' appren-
tices, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations 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 Rela-
tions 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 bar-
gaining with International Harvester Company, Rock Island, Illinois,
elections 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 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, Section 9, of said
Rules and Regulations :
1. Among all pattern makers and pattern makers' apprentices at
the Farmall Works of the Company who were employed during the
32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such 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 exclud-
ing employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Pattern
Makers League of North America, Quad Cities Association, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining; and
2. Among all production and maintenance employees at the
Farmall Works of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during such 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
salaried employees, supervisory employees on hourly rates above
the rank of working group leaders, factory clerical employees, office
clerical employees, indentured apprentices, progressive executive
students, fire and watch employees, temporary employees, pattern
makers, pattern makers' apprentices,, and employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Federal Labor Union No. 22657, affiliated with
the American Federation of Labor, or by Local 109, Farm Equip-
ment Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining,
or by neither.
MR. EDWIN S. SMITH, dissenting in part :
I see no justification for setting up the employees urged by the
Pattern Makers in a separate appropriate bargaining unit. They
constitute employees in one of many departments in an integrated
plant and there is a complete absence of any bargaining history
between the Pattern Makers and the Company on behalf of these
employees. I think the reasons expressed in my dissenting opinions
in the Allis-Chalmers 4 and subsequent cases are here applicable, and
under these circumstances I consider that the pattern makers and
pattern makers' apprentices should be included in the industrial unit.
'Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America , Local 248, 4 N L R B 159,175