International Harvester Co.

National Labor Relations Board - Board Decisions

Dec 11, 1944

59 N.L.R.B. 849 (N.L.R.B. 1944)

In the Matter of INTERNATIONAL HARVESTER COMPANY and UNITED
FARM EQUIPMENT AND METAL WORKERS OF AMERICA , C. I. O.
Case No. 3-R-886.-Decided December 11, 1944
Mr. Isadore Greenberg, for the Board.
Messrs. Robert E. Dickman and W. L. Hallam, of Chicago, Ill., for
the Company.
Mr. Neil 0. Eastman, of Auburn, N. Y., for the Union.
Mr. Louis Cokin, of counsel to the Board.
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 International Harvester Company, Auburn, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Peter J.
Crotty, Trial Examiner. Said hearing was held at Syracuse, New
York, on November 16, 1944. The Board, the Company, and the
Union appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
I. THE BUSINESS OF THE COMPANY
International Harvester Company is a New Jersey corporation. We
are here concerned with its plant at Auburn, New York, where it is
engaged in the manufacture of airplane engine cowlings, farm imple-
ments, and truck castings. During the 12-month period ending No-
59 N. L. R. B., No. 168.
849
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vember 1, 1944, the Company used raw materials at its Auburn plant
valued in excess of $1,000,000,, over 25 percent of which was shipped
to it from points outside the State of New York. During the same
period the Company manufactured products at its Auburn plant valued
in excess of $2,000,000, over 50 percent of which was shipped to points
outside the State of New York.
The Company admits, for the purpose of this proceeding, 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 August 24,1944, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the -plant-
protection employees at the Auburn plant. The Company refused this
request on the ground that the employees claimed by the Union do
not constitute an appropriate bargaining unit.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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 plant-protection employees at the Auburn,
New York, plant of the Company, excluding the chief and lieutenants,
constitute an appropriate unit. The Company contends that the
plant-protection employees are part of management and that their
duties are supervisory and confidential in nature.
The plant-protection employees are charged with the duties of
preserving law and order, protecting the Company's property against
sabotage, and the enforcement of safety and fire rules. They make
confidential reports to the management when they detect violations
of company rules and in turn receive confidential instructions from
management to keep certain employees under surveillance. Some of
'The Field Examiner reported that the Union presented 15 authorization cards. There
are approximately 21 employees in the appropriate unit.
INTERNATIONAL HARVESTER COMPANY 851
the plant-protection employees are armed and all of them are sworn
as special police by the city of Auburn, New York. Although at one
time they were militarized, they have been demilitarized by the United
States Army. Despite the peculiar relationship which plant-protec-
tion employees bear to management, they are not to be denied any
of the rights or privileges granted under Section 7 of the Act,2 since
we have often held, as we do now, that plant-protection officers exercise
monitorial , and not supervisory, functions. The record in the instant
case offers ample evidence that the plant-protection employees have
no disciplinary authority over the production and maintenance em-
ployees, so that while disciplinary measures may result from a report
made by a plant-protection employee, such action is the conduct of
the,supervisor of the employees involved and not the conduct of the
plant-protection employees.3
It cannot seriously be contended at this time that plant-protection
employees who are deputized as city police lose thereby any of the
benefits of the Act'
We find that all plant-protection employees of the Auburn, New
York, plant of the Company,. excluding the chief, lieutenants, and any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 Rela-
tionsnBoard 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 International
Harvester Company, Auburn, New York, an election by secret ballot
r
2 See Matter of Chrysler Corporation , Htighland Park plant , 44 N. L. R. B. 881.
8 See Matter of Federal Motor Truck Company, 50 N. L . R. B. 9.
+ Matter of Consolidated Steel Corporation, Ltd., 51 N. L. R. B. 333.
852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall be,conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject 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 Equipment and Metal `Yorkers of America, C. I. 0., for the
purposes of collective bargaining.