International Harvester Co.Download PDFNational Labor Relations Board - Board DecisionsMar 2, 1953103 N.L.R.B. 221 (N.L.R.B. 1953) Copy Citation INTERNATIONAL HARVESTER COMPANY 221 5. All pipefitters. 6. All sheet-metal workers. 7. All welders. If a majority in any group votes for the Petitioner, they will be taken to have indicated their desire to constitute a separate appro- priate unit, and the Regional Director is instructed to issue a certifi- cation of representatives to the Petitioner for such unit, which the Board, under the circumstances, finds to be appropriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act. If a majority in any group votes for the Intervenor, they will be taken to have indicated their desire to remain a part of the exist- ing bargaining unit and the Regional Director will issue a certificate of the results of the election to that effect. [Text of Direction of Elections omitted from publication in this volume.] INTERNATIONAL HARVESTER COMPANY, MILWAUKEE WORKS and ELECTRICAL WORKERS UNION No. 494, INTERNATIONAL BROTHER- HOOD OF ELECTRICAL WORKERS , AFL, PETITIONER and HARVESTER FEDERAL LABOR UNION, LOCAL 22631, AFL. Case No. 13-RC- 3037. March 2, 1953 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Joseph Cohen, hearing of- ficer. 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 Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Styles and Peterson]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons: 103 NLRB No. 13. 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Petitioner seeks a departmental unit composed of electricians and allied classifications at the Milwaukee Works of the Employer. The Intervenor and the Employer contend that their 5-year contract covering all production and maintenance employees at the Milwaukee Works, including those sought by the Petitioner, is a bar to the peti- tion., The contract was executed on December 11, 1952, for a period of 5 years. The Board has found 5-year contracts to be a bar where a substantial part of the same industry in which the Employer is engaged is also covered by contracts of similar term.2 The Intervenor has represented the production and maintenance workers at the Employer's plant since 1941, when it was certified by the Board. Its first contract with the Employer was executed May 11, 1942, and provided that the contract would remain in effect for the duration of World War II (but not less than 1 year), and thereafter until 30 days after written notice by either party requesting modifica- tion or termination of the contract. The 1942 contract remained in effect until the present contract was executed. The Employer has 5-year contracts with 4 other unions at this plant .3 The Employer also has over 100 5-year contracts with International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America, CIO, and its locals, covering other plants and sales offices. At the instant plant, the Employer manufactures parts which are used by its other plants in making tractors, farm equipment, and industrial power units. In a recent case we found that a substantial part of the farm equipment industry has 5-year contracts and that such contracts may therefore operate as a bar to an election for their full term.4 As the Employer is in the farm equipment industry, we find that the existing 5-year contract is a bar to the instant proceeding. Accordingly, we shall dismiss the petition. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. 'The Intervenor also contends that only a production and maintenance unit is appro- priate ; the Employer stipulates that the proposed unit is appropriate In view of our disposition of this case , we do not deem it necessary to pass upon this issue General Motors Corporattion„ 102 NLRB 1140. International Brotherhood of Firemen and Oilers , Local No. 125, AFL, representing a unit of powerhouse employees ; International Association of Machinists , Local No 78, AFL, representing a unit of toolroom employees ; Pattern Makers League , AFL, represent- ing a unit of patternmakers , and Office Employees International Union, Local No 9, representing a unit of office employees 4 Allis Chalmers Manufacturing Company, 102 NLRB 1135. Copy with citationCopy as parenthetical citation