International Harvester Co.

National Labor Relations Board - Board DecisionsFeb 28, 1947

72 N.L.R.B. 1002 (N.L.R.B. 1947)

In the Matter Of INTERNATIONAL HARVESTER Co-3IPANY , EMPLOYER and WAREIIOUSEDIEN, GARAGE & SERVICE STATION EMPLOYEES LOCAL UNION #334, AFL, PETITIONER Case No. 19-R-2084.-Decided February N8, 1947 Messrs. D. B. Oldaker and I. N. Berkhold, of Chicago, Ill., and Mr. D. I. Persons, of Spokane, Wash., for the Employer. Messrs. Ray R. Atkinson and Ben Kuttner, of Spokane, Wash., for the Petitioner. Mr. Benjamin B. Lipton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Spokane, Washington, on January 20, 1947, before Patrick H. Walker, 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 Or FACT 1. THE BUSINESS OF TLIE EMPLOYER International Harvester Company is a New Jersey corporation en- gaged in the design, manufacture, sale, and distribution of trucks, farm implements, refrigeration equipment, and industrial machinery at various plants located in several States of the United States. In connection with these operations it also operates branches throughout the United States for the sale, distribution, and servicing of its prod- ucts. This proceeding is concerned solely with the branch located in Spokane, Washington. In 1945 the Spokane branch did a total volume of business approximating $3,500,000, substantially all of the materials sold having been received from points outside the State of Washington and a substantial amount of these sales being made 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. _ 72 N. L It 13, N o 170 1002 INTERNATIONAL HARVESTER COMPANY 1003 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer. 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 The parties stipulated that the appropriate unit at the Spokane, Washington, branch should include all warehouse employees, janitors, and parts department employees, excluding office and clerical em- ployees, parts foremen, assistant parts foremen, parts merchandiser, warehouse foreman, machine stock supervisor, and all other super- visory employees with power to hire and discharge. The Petitioner also seeks to include, and the Employer to exclude, parts stockmen and the office clerks of the warehouse and parts department. Parts stockmen: These employees are responsible for maintaining stock records and inventories and for requisitioning materials. The record shows that they are empowered to recommend discipline and other changes in the employment status of employees working under their direction and that they have recently exercised such authority. Accordingly, we find that parts stockmen are supervisory employees within the Board's customary definition and shall exclude them from the unit. Office clerks o f the 2valeliouse and parts departtmlaents: The Spokane branch operates through three divisions : an upstairs office, a warehouse and warehouse office, and a parts department and its office. The parties agree that the clericals of the upstairs office should be excluded front the unit. Notwithstanding the physical separation of the ware- house and parts department offices from the upstairs office, the person- nel of all three offices are under the same supervision and their work to- gether constitutes an integrated clerical operation. Accordingly, we shall exclude the office clerks of the warehouse and parts department offices from the unit. We find that all warehouse employees, janitors, and parts depart, meat employees at the Spokane, Washington, branch of the Employer excluding all office and clerical employees, parts foremen, assistant IMatter of E I du Pont de Neniours C Company, Inc, Rayon Division, 62 N L R B. 146, 148-149; Matter of The Ohio Oil Company, 60 N L R. B 418, 421 1004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD parts foremen, parts stockmen, parts merchandiser, warehouse fore- men, machine stock supervisor, 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. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with International Harvester Com- pany, Spokane, Washington,'an election by secret ballot shall be con- ducted 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 Nineteenth 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 Regu- lations-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 or not they desire to be represented by Warehousemen, Garage & Service Station Employees Local Union #334, AFL, for the purposes of collective bargaining.