International Harvester Co.

National Labor Relations Board - Board DecisionsNov 14, 1946

71 N.L.R.B. 680 (N.L.R.B. 1946)

In the Matter of INTERNATIONAL HARVESTER COMPANY (EVANSVILLE WORKS), EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMO- BILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMER- ICA, C. I. 0., PETITIONER Case No. 11-R-1088.-Decided November 1 ,1t,194C Mr. Arthur R. Donovan, of Indianapolis, Ind.; for the Board. Mr. D. B. Oldaker, of Chicago, Ill., for the Employer. Messrs. Andrew Jacobs and Robert D. Malarney, of Indianapolis, Ind., for the Petitioner. Mr. Gail Gibson, of St. Louis, Mo., for the I. B. E. W. Mr. Frank Barnhart, of Terre Haute, Ind., for the Construction Workers. Mr. Kennett Born, of Evansville, Ind., and Mr. W. O. Sonnemann,1 of Milwaukee, Wis., for the Metal Workers. Miss Irene R. Shriber, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Evans- ville, Indiana, on August 15, 1946, before William J. Scott, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed? Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER International Harvester Company, a New Jersey corporation with general offices in Chicago, Illinois, and plants in Illinois, Wisconsin, I Mr. W. 0. Sonneman also appeared on behalf of United Electrical Radio and Machine Workers of kmerica, C I 0., whose motion to intervene was granted On September 26, 1946 , however , the afore-mentioned labor organization notified the Board that it was with- drawing from this proceeding. I 2 In connection with the hearing officer's ruling denying the motion of the Metal Workers to adjourn the hearing until the Board had disposed of unfair labor practice charges filed against the Employer , we note that the Regional Director dismissed the charges on October 2, 1946, and that no appeal has been taken from the Regional Director 's action within the time provided therefor. 71 N L R B., No. 109. 680 INTERNATIONAL HARVESTER COMPANY 681 Indiana, Ohio, New York , Kentucky and California , is engaged in the manufacture of industrial power tractors , power units, farm tractors and machines , motor trucks and refrigerating equipment. The only plant involved in this proceeding is the Evansville Works at Evansville, Indiana. During 1946 , the Employer used over $1,000,- 000 worth of equipment and materials at the Evansville Works, of which,more than 50 percent was obtained from points outside the State of Indiana. During the same period , the Employer shipped over $100,000 worth of refrigerating equipment from the Evansville Plant, of which more than 50 percent was forwarded to out -of-State purchasers. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations , claiming to represent employees of the Employer. International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor ( herein called the I. B . E. W.), United Construction Workers of America, affiliated with the United Mine Workers of America ( herein called the Construction Workers), United Farm Equipment and Metal Workers of America , affiliated with the Congress of Industrial Organizations ( herein called the Metal Workers ), are all labor organizations , claiming to represent employees of the Employer. III. TI-IE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees at the Employer's Evansville Works, excluding salaried employees, office and clerical employees, plant-protection department employees, general foremen, foremen, assistant foremen, 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, con- 682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The I. B. E. W. and the Metal Workers contend that an election i t the present time would be inappropriate because the Employer is in the process of increasing its staff of workers. The Petitioner desires an immediate election. The Employer and the Construction Workers take no position on this issue. At the hearing, the Employer alleged that its present staff of 543 employees in the unit found appropriate in Section IV, supra, con- stitutes only 15 percent of the workers it intends to engage. It esti- mated that by August 1947, it will have 1,343 employees, and that it will reach its full complement of 3,500 employees by the middle of 1948. The record shows that the contemplated increase of personnel at the Evansville Works is dependent upon many factors, such as the ability of the Employer to obtain and install certain machinery and equipment, the availability of raw materials, the condition of the labor market, and the volume and character of sales. Each of these factors must be favorable if the number of workers is to increase at the rate and to the number contemplated. The evidence further reveals that the employees now on the Employer's pay roll are pro- ducing finished products and that they are representative of the total working force which may ultimately be engaged. Because it will take at least ,92 years to complete the anticipated increase of personnel at the plant, and in consideration of the fact that the Employer's present complement of workers is engaged in producing finished goods and is, moreover, a representative group, we shall adhere to our usual policy in such circumstances of directing an immediate election. We shall, however, entertain a new petition for an investigation and certification of representatives affecting the employees involved herein within less than a year,. but not before the expiration of 6 months from the date of any certification we may issue in the instant proceeding upon proof (1) that the number of employees in the ap- propriate unit is more than double the number eligible to vote in the election hereinafter directed; and (2) that the Petitioner represents a substantial number of employees in the expanded appropriate units We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. 3 See Matter of Adler Metal Products Corp , 67 N. L. R. B. 328 ; Matter of Tuttle Silver Company, 66 N. L . R. B. 238; Matter of The General Tire and Rubber Company, 63 N. L. R. B. 182. INTERNATIONAL HARVESTER COMPANY DIRECTION OF ELECTION 0 683 As part of the investigation to ascertain representatives for the purposes of collective bargaining with International Harvester Com- pany (Evansville Works), Evansville, Indiana, 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 direction and supervision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 those employees 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 International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, C. I. 0., or by International Brotherhood of Electrical Workers, A. F. of L., or by United Construction Workers of America, U. M. W. A., or by United Farm Equipment and Metal Workers of America, C. I. 0., for the purposes of collective bar- gaining, or by none of these organizations.