International Harvester Co.

National Labor Relations Board - Board Decisions

May 28, 1946

68 N.L.R.B. 383 (N.L.R.B. 1946)

In the Matter of INTERNATIONAL HARVESTER COMPANY and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 21-R-3300.-Decided May 28, 1946
Mr. I. N Birkhold, of Chicago, Ill., and Messrs. L. S. Koenig and
W. H. Welch, both of Los Angeles, Calif., for the Company.
Messrs. Gayle L. Collins and Donald S. Carriga, both of Los Angeles,
Calif., for the C. I. O.
Messrs. H. A. Cooksey and Harold C Hemme, both of Los Angeles,
Calif., for the Machinists.
Mr. K M. Griffin, of Los Angeles, Calif., for the Teamsters.
Mr. William H. Hein, of Maywood, Calif., for the Association.
Mr. Warren H. Leland of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, C. I. 0., herein
called the C. I. 0., alleging that a question affecting commerce had arisen
concerning the representation of employees of International Harvester
Company, Los Angeles, California, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Maurice J. Nicoson, Trial Examiner. The hearing
was held at Los Angeles, California, on April 10, 1946. The Company,
the C. I. 0., International Association of Machinists, Local 1186, herein
called the Machinists; Garage, Automotive, and Servie Station Em-
ployees Union, Local 495, affiliated with the International Brotherhood
of Teamsters, Chauffeurs, Warehousemen, and Helpers of America,
A. F. L., herein called the Teamsters, and Truck Parts and Service
Employees Association, herein called the Association, appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
68 N. L. R. B, No 45.
383
384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
International Harvester Company is a New Jersey corporation, oper-
ating a number of plants in several States of the United States. It is
engaged in the design, manufacture, sale, and distribution of trucks,
tractors, farm implements and refrigerator equipment. It also operates
branches throughout the United States for sale and distribution of parts
for its products, and for the assembling and servicing of its products.
The only branches concerned herein are those located at 4501 South
Alameda Street, Los Angeles, California; 1201 South LaBrea Street,
Los Angeles, California; 6444 San Fernando Road, Glendale, California
(within the Los Angeles area) ; and 1270 Columbia Avenue, San Diego,
California. During the year 1945, these branches purchased equipment
valued at about $2,000,000, approximately 95 percent of which was
transported from points outside the State of California. During the same
period the value of the parts and assembled products sold, and the value
of the services rendered by these branches exceeded $2,400,000; approxi-
mately 20 percent of this figure represents the value of parts and
assembled products and services rendered to products which were shipped
to points outside the State of California.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural Im-
plement Workers of America, affiliated with the Congress of Industrial
Organizations, is a labor organization admitting to membership employees
of the Company.
International Association of Machinists, Local 1186, is a labor organi-
zation admitting to membership employees of the Company.
Service Station Employees Union, Local 495, affiliated with the Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen, and
Helpers of America, in turn affiliated with the American Federation of
Labor, is a labor organization admitting to membership employees of the
Company.
INTERNATIONAL HARVESTER COMPANY 385
Truck parts and Service Employees Association, unaffiliated, is a
labor organization admitting to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as the
exclusive bargaining representative of certain of its employees until the
C. I. O. has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the C. I. O. represents a substantial number of employees
in the unit alleged by it to be appropriate .2
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 DETERMINATION OF REPRESENTATIVES
The C. I. O. seeks a unit of production and maintenance employees
employed by the Company at its South Alameda Street branch, including
working foremen. But the Association desires a unit of all production
and maintenance employees employed by the Company at its three
branches located within the Los Angeles area, including working fore-
men. The Company takes the same position as the Association. On the
other hand, the Machinists wishes a craft unit of all shop or service
department employees employed by the Company at its four branches
(including the San Diego branch), excluding janitors, the steam cleaners,
and working foremen; and the Teamsters requests a unit of all parts de-
partment employees engaged by the Company at its four branches (in-
cluding the San Diego branch), including janitors, the steam cleaners,
and parts department working foremen. The unit contentions of the
Machinists and the Teamsters do not overlap and they embrace virtually
all employees at the Company's four branches. The Machinists seeks all
mechanics and their helpers - employees who, except for janitors and
'We are satisfied from the record that the Association is a labor organization within the
meaning of Section 2 (5) of the Act . Although the Teamsters asserts in its brief that the
Association is not a bona fide labor organization , no charge has been filed alleging that the
Association is company dominated , and this matter is not properly before us in the instant
proceeding , which is a representation and not an unfair labor practice case.
T The Field Examiner 's report concerning evidence of representation submitted by the con-
tending labor organizations is illustrated by the following table:
Number in C. I. O.'s Machinists' Teamsters' Association's
respective showing showing showing showing
units
C. I. O.'s unit ....... 60 45 9 5 26
Machinists ' unit...... 83 40 17 0 43
Teamsters' unit ...... 28 18 0 5 7
Association ' s unit ..... 90 58 17 5 50
386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
steam cleaners, comprise the whole of the service or shop departments ;
and the Teamsters desires to represent all parts department workers,
janitors, and steam cleaners - a group consisting of all employees not
sought by the Machinists.
The record discloses that from 1938 until 1942 the Company dealt
with the Association as the bargaining representative of its employees
in the three branches in the Los Angeles area. In 1942 this relationship
was extended to encompass employees at the San Diego branch, and has
continued on a four-branch basis until the present time. This course
of dealing, however, has not been pursuant to written contract, and has
been evidenced only by "statements of policy" published by the Company.
We must conclude, therefore, that there has not been a compelling history
of collective bargaining.3 With this in mind , we turn to a discussion of
the scope and composition of the grouping or groupings.
All four branches, each consisting of a parts department and a service
or shop department, perform similar services. The manager of the
South Alameda Street branch supervises and directs the activities of the
other branches through managers who are responsible directly to him
It also appears that the Company operates all branches as a somewhat
integrated enterprise, and that wages and working conditions are sub-
stantially the same throughout these operations. Moreover, it is clear
that organization of the Company's employees has not been limited to the
South Alameda Street branch, in which the C. I. 0. is solely interested,
and that this branch and the other two branches in the Los Angeles area
are in close proximity to one another, being located within a radius of
16 miles. But the San Diego branch is more than 100 miles distant
from the Los Angeles area. And an examination of the evidence of
representation submitted by the contending unions reveals that neither
the Machinists nor the Teamsters, which are the only parties seeking to
include employees at the San Diego branch, has representation at that
branch .4 In these circumstances, we are satisfied that the scope of any
unit or units should not be restricted to the South Alameda Street branch,
but nevertheless should not be extended to the San Diego branch. As
to scope, therefore, we agree with the Company and the Association that
the unit or units should embrace employees of the three branches lo-
cated in the Los Angeles area.
A unit of production and maintenance workers at all three branches
in the Los Angeles area would undoubtedly be feasible for the purposes
of collective bargaining. Apart from janitors and steam cleaners, how-
8 See Matter of Corn Products Refining Company, 52 N. L. R. B. 1324.
' See footnote 2, supra. The Machinists submitted authorization cards signed by 17 of the
Company's employees, all of whom are within the Association' s proposed unit, which is con-
fined to the three branches within the Los Angeles area; and the Teamsters submitted
authorization cards signed by five of the Company's employees, all of whom are within the
C. I. O.'s proposed unit , which is limited to the South Alameda Street branch.
INTERNATIONAL HARVESTER COMPANY 387
ever, the mechanics and helpers sought by the Machinists comprise a
separate department at each branch and are physically segregated from
all other employees by a fire wall. Furthermore, they constitute a skilled,
functionally coherent group. Thus, we are of the opinion that they may
be represented as a separate appropriate unit, or as part of a more com-
prehensive unit.5
Accordingly, we shall not make a present finding as to the appropriate
unit or units, but shall first determine the desires of the employees them-
selves by directing separate elections among the mechanics and their
helpers at the three branches in the Los Angeles area, and among all
remaining employees at these branches." Upon the results of these elec-
tions will depend, in part, our determination of the appropriate unit or
units.
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among the
Company's employees in each of the following groups described below
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein, subject to the limitations
and additions set forth in the Direction:
Group I. All class A "qualified journeyman mechanics," class B
"mechanics," class C "apprentice mechanics," class D employees who
spend their time as helpers to class A, class B, and class C mechanics,
and working foremen performing mechanical duties, employed by the
Company at its three branches within the Los Angeles area, excluding
janitors, steam cleaners, 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 ; and
Group II. All remaining employees engaged by the Company at its
three branches within the Los Angeles area, including head customer
counterman, head shop counterman, head shipping and receiving man,
key phone order man, second man counter, second man customer coun-
ter, second man shipping and receiving, second man phone order, key
order pickers, and parts helpers and apprentices and parts helpers, work-
ing foremen in the parts department, janitors, and steam cleaners, but
excluding employees in the service or shop department described in Group
I, above, 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.
" Cf. Matter of Butler Motor Company, 28 N. L R B. 1254
Working foremen do not have authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such action It is clear that
they are not supervisory employees, and will be included.
696966-46-26
388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
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 representatives
for the purposes of collective bargaining with International Harvester
Company, Los Angeles, California, separate 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 supervi-
sion of the Regional Director for the Twenty-first 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 Regula-
tions, among the employees in the voting groups described 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 those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
elections , (1) to determine whether the employees in Group I, described
in Section IV, above, desire to be represented by International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America, C. I. 0.; or by International Association of Machinists, Local
1186; or by Truck Parts and Service Employees Association, for the
purposes of collective bargaining, or by none ; and (2) to determine
whether employees in Group II, described in Section IV, above, desire
to be represented by International Union, United Automobile, Aircraft
& Agricultural Implement Workers of America, C. I. 0., or by Garage,
Automotive, and Service Station Employees Union, Local 495, affiliated
with the International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen , and Helpers of America, A. F. L.; or by Truck Parts and
Service Employees Association, for the purposes of collective bargain-
ing, or by none.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Elections.