International Harvester Co.

National Labor Relations Board - Board Decisions

Sep 12, 1949

85 N.L.R.B. 1260 (N.L.R.B. 1949)

In the Matter Of INTERNATIONAL HARVESTER CO. (MCCORMICK WORKS),
EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. 0.,
PETITIONER
Case No. 1-3-RC-7_14.--Decided September 12, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Irvin C.
McLeod, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of. the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner and the Intervenors, United Farm Equipment and
Metal Workers of America, CIO, and its Local No. 203, are labor
organizations claiming to represent certain employees of the Employer.
3. The question concerning representation :
The Intervenors contend that an existing collective bargaining con-
tract is a bar to this proceeding. On July 9, 1948, the Intervenor,
United Farm Equipment and Metal Workers of America, CIO,
"through its agent, Local Union No. 203" and the Employer entered
into a collective bargaining agreement which was to terminate June
30, 1949, subject to automatic renewal from year to year thereafter
unless either party gave notice to the other in writing 60 days in ad-
vance of any anniversary date of its desire to change or terminate the
contract. On April 28, 1949, the Intervenors and the Employer ex-
tended the term of their agreement to June 30, 1950. On April 29,
1949, more than 60 days before the anniversary date of the 1948 con-
tract, the Petitioner filed its petition with the Board.
We find that neither the 1948 contract nor the 1949 extension agree-
ment is a bar to this proceeding. The 1948 contract is not a bar be-
85 N. L. R. B., No. 210.
1260
INTERNATIONAL HARVESTER CO. 1261
cause the Petitioner filed its petition before the Hill B,1 or operative
date of the automatic renewal clause in that agreement.' The 1949
extension agreement is not a bar because it is a premature extension of
the 1948 contract, the original term of which has expired .3
We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4.. In accordance with a stipulation of the parties, we find that the
following employees constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
All office and clerical employees at the Employer's McCormick
Works plant, Chicago, Illinois, excluding all employees of the Indus-
trial Relations Department; all employees of the Experimental and
Product Design Department; all employees of the Mechanical Engi-
neering Department, except typists and clerks; all employees of the
Methods and Rates Department, except typists and clerks; all employ-
ees of the Works' Credit Union; all employees of the Metallurgical
Department ; employees assigned to the student executive training
course; all employees of the cashier's office; works managers' and
superintendents' confidential. typists and clerks; all public relations
employees; all employees of the Salary Administration Department;
all employees of the Training Department; private secretaries to each
of the following : works manager, works superintendent, assistant
works superintendent, works auditor, production department manager,
buyer, head of the Engineering Department (experimental and prod-
uct design), head of the Mechanical Engineering Department, head of
the Electrical Engineering Department, foundry superintendent, traf-
fic manager, material controller, chief inspector, chief metallurgist;
and all supervisors as defined in the Act.
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30 days
I Matter of Mill B, Inc., 40 N. L. R. B. 346.
Z Matter of Danner Press, Inc., 80 N. L. R. B. 844.
3 Matter of Celanese Corporation of America, 83 N. L. R. B. 103. See also Matter of
Republic Steel Corporation, 84 N. L. R. B. 483.
4In view of our determination of the contract bar issue , we find it unnecessary to pass
on the effect of the schism within Local 203. United Farm Equipment and Metal Workers
of America, CIO, and its Local No. 203 are omitted from the ballot because of the failure
of Local No. 203 to comply with the filing requirements in Section 9 (f), (g), and (h).
In the event that Local No. 203, effects compliance with the filing requirements of the
Act within 2 weeks from the date of this Direction, the Regional Director is instructed to
accord United Farm Equipment and Metal Workers of America, CIO, and its Local No. 203,
a place on the ballot in the election directed herein.
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the date of this Direction, under the direction and supervision of
the Regional Director for the Region in which this case was heard, and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations, among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion of Election, including employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, 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, and also excluding employees on strike who are
not entitled to reinstatement, to determine whether or not they desire
to be represented, for purposes of collective bargaining, by Interna-
tional Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, C. I. 0.