International Harvester Co.

National Labor Relations Board - Board Decisions

May 22, 1941

32 N.L.R.B. 49 (N.L.R.B. 1941)

In the Mattel' Of INTERNATIONAL HARVESTER COMPANY (WEST PULLMAN
WORKS) and CHICAGO DIE SINKERS LOCAL 100 OF INTERNATIONAL
DIE SINKERS CONFERENCE (UNAFFILIATED) -
In the Matter Of INTERNATIONAL HARVESTER COMPANY (WEST PULLMAN
WORKS) and FEDERAL LABOR UNION No. 22605, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR.
Cases Nos. R-2509 and R-20510-Decided May 22, 1941
Jurisdiction : motor truck and agricultural equipment manufacturing industry.
Investigation and certification of Representatives : existence of question: Com-
pany denied requests of rival unions for recognition until such time as
Board determines the exclusive representative of the employees; employees
hired to replace employees who have been inducted into military or naval
training or service of the United States held eligible to vote; persons in the
employ of the Company for a period of 6 months or less held eligible to
vote; elections necessary.
Units Appropriate for Collective Bargaining : (1) production and maintenance
employees, excluding salaried employees, supervisory employees on hourly rates
above the rank of working group leaders, factory clerical employees, office
clerical employees, identured apprentices, progressive executive students,
fire and watch employees (except production and maintenance employees
who act as volunteer firemen), temporary employees, die sinkers, and die
sinkers' apprentices; and (2) die sinkers and die sinkers' apprentices:
determination of, presently made, although ordinarily an election would
be directed before establishing them as a separate appropriate unit, since
only the die sinkers' craft organization desires to appear on the ballot
in such election.
Mr. Jack G. Evans, for the Board. -
Mr. Frank B. Schwarer, of Chicago, Ill., for the Company.
Mr. Joseph A. Padway and Mr. Herbert S. Thatcher, of Washing-
ton, D. C., and Mr. C. J. Willett, of Chicago, Ill., for Local 22605.
Mr. J. G. Heiner, of Euclid, Ohio, for the Die Sinkers.
Meyers d Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
F. E. W. O. C. -
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On December 16, 1940, and March 8, 1941, respectively; Chicago
Die Sinkers Local 100 of International Die Sinkers Conference.
32 N. L. R. B., No. 7.
49
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the Die Sinkers, and Federal Labor Union No. 22605,
affiliated with the American Federation of Labor, herein called Local
22605, filed with the Regional Director for the Thirteenth Region
(Chicago, Illinois) separate petitions alleging that questions affecting
commerce had arisen concerning the representation of employees at
the West Pullman Works of International Harvester Company, West
Pullman, Illinois, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat, 449, herein called
the Act. On April 8, 1941, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice, and, acting pursuant to
Article III, Section 10 (c) (2), of said Rules and Regulations, ordered
that the two cases be consolidated.
On April 16, 1941, the Regional Director issued a notice of hearing
on the consolidated cases, copies of which were duly served upon the
Company, Local 22605, the Die Sinkers, and Farm Equipment Work-
ers Organizing Committee, herein called the F. E. W. 0. C., a labor
organization claiming to represent employees directly affected by the
investigation. Pursuant to notice, a hearing was held on April 23,
1941, at Chicago, Illinois, and on April 28, 1941, at Davenport, Iowa,
before R. N. Denham, the Trial Examiner duly designated by the
Chief Trial Examiner. The Board, the Company, Local 22605, and
the F. E. W. O. C. were represented by counsel, the Die Sinkers by
its representative; all participated in the hearing. • Full opportunity
to be heard, to examine' and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. At the
close of the hearing, counsel for the F. E. W. O. C. moved to con-
solidate this proceeding with other proceedings involving the Com-
pany which are pending before the Board. The Trial Examiner
reserved ruling thereon. The motion is hereby denied. At the close
of the hearing, counsel for the Board moved to conform the pleadings
to the proof adduced at the hearing. The Trial Examiner granted
the motion. During the course of the hearing, the Trial Examiner
made several rulings on other motions and on objections to the
admission of evidence. The Board has reviewed all the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Pursuant to notice duly served upon all the parties, a hearing for
the purpose of oral argument was held before the Board on May
2, 1941, at Washington, D. C. Local 22605 and the F. E. W. O. C.
INTERNATIONAL HARVESTER COMPANY 51
were represented by counsel and participated in the argument. The
Company and the Die Sinkers did not appear at the argument.
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
with its general offices at Chicago, Illinois. The Company is engaged
in the design, manufacture, assembly, repair, sale, and distribution of
motor trucks, farm tractors, industrial tractors, tillage implements,
planting and seeding machines, hoeing machines, and other farm
equipment and kindred items and supplies. It operates plants
in the States of Illinois, Wisconsin, Indiana, Ohio, New York, Ten-
nessee, and California. This proceeding is concerned solely with
its West Pullman Works located at West Pullman, Illinois. The
Company uses large quantities of raw materials in its manufacturing
operations at the West Pullman Works, a very substantial amount of
which are shipped to the West Pullman Works from points outside
the State of Illinois. During 1940 the Company manufactured prod-
ucts at its West Pullman Works valued at about $13,000,000, a very
substantial percentage of which represented shipments made by the
Company to points outside the State of Illinois. The Company em-
ploys approximately 2,600 employees at the West Pullman Works.
H. THE ORGANIZATIONS INVOLVED
Chicago Die Sinkers Local 100 of International Die Sinkers Con-
ference is an unaffiliated labor organization . It admits to member-
ship employees at the West Pullman Works of the Company.
Federal Labor Union No. 22605 is a labor organization affiliated
Nvith the American Federation of Labor. It' admits to membership
employees at the West Pullman Works of the Company. '
Farm Equipment Workers Organizing Committee is a labor organi-
zation affiliated with the Congress of Industrial Organizations. It
admits to membership employees at the West Pullman Works of
the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Die Sinkers, Local 22605, and the F. E. W. O. C. have each re-
quested the Company to be recognized as exclusive representative
of certain employees at the West Pullman Works. The Company has
denied all of these requests until such time as the Board determines
the exclusive representative of the employees. A statement of the
Regional Director, introduced in evidence at the hearing, shows that
448092-42-vol 32--5
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the' DierSinkers, Local 22605, and the F. E. W. 0. iC. each represent
a substantial number of, employees in the unit alleged by each .to, be
appropr` iate.i'
We find that questions affecting commerce have arisen concerning
the representation of employee's of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION
UPON COMMERCE ! . !
We find that the questions, concerning, representation which have
arisen, occurring in connection with the operations of the Company
described in Section 'I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the, several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Company, the F. E. W. 0. C., and Local 22605 agreed at 'the
hearing that all production and maintenance employees at the West
Pullman Works of the Company, excluding salaried employees, super-
visory employees' on` hourly rates above the rank of working group
leaders, factory clerical emplbyees, office 'clerical employees, indentured
apprentices, progressive executive students, fire' and watch' employees
(except production and maintenance employees who act as, volun-,
teer firemen), and temporary employees, constitute a unit appropri-
ate for the purposes of collective ba'rgaiiiing. They further stipu-
lated that the die sinkers and, die sinkers', apprentices should be in-
cluded in such unit unless they,are found by ,the Board to constitute
a separate unit.
The Die Sinkers urges ,that, all die sinkers and.die. sinkers' ,appren-
tices, at, the West.,Pullman Works, of. the, Company constitute an
appropriate unit. Local 22605 stated that it had no objections to
this unit. 'The F. E. W.• .0.,,C..stated that the 'question of whether
or not, the. ,die sinkers and die sinkers', apprentices ;constitute a
separate,unit was one for. the Board, but that in the event the Board
found them to constitute a separate appropriate unit it did,,, not
desire to appear on the ballot in an election among such employees.
1 The Regional Director reported that 7 employees , whose names appear on the Company's
pay roll of March 18, 1941, have signed membership application cards in the Die Sinkers.
There are 11 employees on this pay roll who are in the unit alleged to be appropriate by
the Die Sinkers . The Regional Director , further reported that 506 employees ; whose'names
appear on the Compan y 's pay roll of March 18 , 1941„have signed membership application
cards in Local 22605, and that 423 employees listed on this pay roll-have signed member-
ship application cards in the F E 11' IO C' There are 2,352 employees on'the March'18,
1941, pay, roll who are in the unit alleged to be, appropriate by, Local 22605 , and the
F E.W.O:C. '; •
IN2'ERNATIOi4AL HARVESTER COMPANY 53
The die sinkers work in a separate department of the plant and
their work is of a highly skilled nature , requiring a 7 to •10 years'
apprenticeship . On April 11, 1941, the Die Sinkers negotiated a
wage increase with the Company for the die .sinkers employed at the
West Pullman Works. It appears that all of the die sinkers involved
herein are members of the Die Sinkers. Although we would ordi-
narily direct a separate election among the die sinkers before estab-
lishing them as a_ separate appropriate unit, since only the Die
Sinkers desires to appear on the ballot in such an election,, we shall
make our determination as to the unit at this time. •
We find that all die sinkers and die sinkers' apprentices at, the
West Pullman Works of the Company, constitute a unit appropriate
for the purposes of collective bargaining and that , said unit will
insure, to employees of the Company the full benefit of :their right
-to. self -organization and, to collective bargaining and otherwise
effectuate the policies of the Act.
• We 'find `that all production and maintenance employees at the
,West.Pullmaii Works of the Company, . excluding salaried ; employees,
supervisory 'employees - on hourly rates above the rank of working
group leaders, factory clerical employees , office clerical employees,
indentured apprentices , progressive executive students , fire and, watch
-employees ( except production and, maintenance employees who act
as•.volunteer firemen ), temporary , employees; die , sinkers, and die
sinkers', apprentices , constitute a'unit appropriate for the purposes
of collective bargaining and that , said unit'will insure to employees
of the i Company the full. benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act,.: 1
• VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen ., can , best be resolved by elections by secret ballot. The
F. E. . O. C. stated, that in the event the Board directs an election,
it desires that the pay roll prior to 'Local 22605 ,s.1petition dated
March 8, 1941, be used to determine , eligibility to vote. , Local 22605,
the Die Sinkers, and the Company stated that they . desire that the
pay roll immediately preceding the date of the elections be used for
this purpose . It appears that the number of employees , employed
by the Company is constantly increasing due to an increase in orders
because of the national defense program . In accordance with our
usual procedure , we shall direct that the employees eligible to vote
in the respective elections shall be those in the respective , appropriate
units whose names appear on the Company 's pay roll for the period
immediately preceding the date of our Direction ' of, Elections 'herein,
54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
subject to such limitations and additions as are set forth in the
Direction.
The F. E. W. 0. C. urges that employees who have been in the
employ of the Company for a period of 6 months or less at the time
of the election should be deemed ineligible to vote. In support of
its contention it states that such employees are temporary. The record
discloses that all employees are hired by the Company on a perma-
nent basis and receive the same salary as employees who have been
in the employ of the Company for more than 6 months. A repre-
sentative of the Company testified that it takes between 3 and 6
months for the Company to find out whether a new employee's work
will justify his retention on the pay roll. We find that such
employees should vote in the elections.
The F. E. W. 0. C. contends that employees hired to replace em-
ployees who have been inducted into the military or naval training
or service of the United States should be declared ineligible to vote
on the ground that they are temporary employees. Local 22605
desires that these employees vote, stating in support of its contention
that these employees have prospects of being employed for at least
one year. The Company stated that it classifies such employees as
temporary so that in the future it will be in a position to comply
with the requirements of the Selective Service Act with respect to
the reemployment of the men who are inducted into the active mil-
itary service or training of the United States. It appears that these
employees work under the same conditions as all other employees of
the Company and have prospects of at least 1 year's employment
with the Company. We find that they should vote in the elections.
The F. E. W. 0. C. stated that it desires that the election be held
off the premises of the Company before or after working hours.
Local 22605 and the Company urge that the election be held on com-
pany property during working hours. We shall leave the issues
thus raised by the conflicting claims of the F. E. W. 0. C. and Local
22605 to the determination of the Regional Director after consulta-
tion with the parties.
The F. E. W. 0. C. requests that no election be held in this case in
less than 60 or more than 90 days from the date of the Decision
herein because of the unsettled conditions arising from the effects
of unfair labor practices on the part of the Company which have
not been dissipated 2 and the hiring of many new employees. In
accordance with our usual practice we shall direct that the elections
in this case be held as soon as possible, but not later than thirty
(30) days from the date of the Direction.
2 On February 8, 1941, the Board issued a Decision and Order finding that the Company
had committed unfair labor practices within the meaning of the Act Thereafter the
Regional Director notified the Board that the Company had complied with the Order.
INTERNATIONAL HARVESTER COMPANY 55
The F. E. W. O. C. requests that the election in this case be held
on the same date as the elections in five other cases before the Board
involving the Company.-' We shall leave the determination of the
(late on which each of the elections shall be held to the discretion of
the Regional Directors involved subject to the 30-day limitation set
out above. However, we hereby direct that none of the ballots in
any of the elections be opened and tabulated until after the com-
pletion of all the elections.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees at the West Pullman Works of International
Harvester Company, West Pullman, Illinois, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All die sinkers and die sinkers' apprentices at the West Pullman
Works of the Company constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. All production and maintenance employees at the West Pullman
Works of the Company, excluding salaried employees, supervisory
employees on hourly rates above the rank of working group leaders,
factory clerical employees, office clerical employees, indentured ap-
prentices, progressive executive students, fire and 'watch employees
(except production and maintenance employees who act as volunteer
firemen), temporary employees, die sinkers and die sinkers' appren-
tices, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with International Harvester Company, West Pullman, Illinois, elec-
s These cases involve the McCormick Works, Rock Falls Works, East Moline Works,
Milwaukee Works, and Farmall Works of the Company
56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions 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 Thir-
teenth Region , acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations :
1. Among all die sinkers and die sinkers' apprentices at the West
Pullman Works of the Company who were employed during the
pay-roll period immediately preceding the date of this Direction,
including employees who did not work during such pay-roll period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but exclud-
ing employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Chicago
Die Sinkers Local 100 of International Die Sinkers Conference for
the purposes of collective bargaining; and
2. Among all production and maintenance employees at the West
Pullman Works of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding
salaried employees, supervisory employees on hourly rates above the
rank of working group leaders, factory clerical employees, office
clerical employees, indentured apprentices, progressive executive stu
dents, fire and watch employees (except production and maintenance
employees who act as volunteer firemen), temporary employees, die
sinkers, die sinkers' apprentices, and employees who have since, quit
or been discharged for cause, to determine whether they desire to
be represented by Federal Labor Union No. 22605, affiliated with the
American Federation of Labor, or by Farm Equipment Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or by
neither.
MR. EDWIN S. SIIIITH, dissenting :
I see no justification for setting up, the employees urged by the
Die Sinkers in a separate appropriate bargaining unit. They con:
stitute employees in one of many departments in an integrated plant
and there is no substantial, bargaining history between the. Die
Sinkers and the Company on behalf of. these employees. I, think the
reasons expressed in my dissenting opinion in the Allis-Chalmers 4
'Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248, 4 N. L. R. B. 159, 175
INTERNATIONAL HARVESTER COMPANY 57
and subsequent cases are here applicable. Although the Die Sinkers
did negotiate a wage increase with the Company two weeks before
the hearing in connection with a strike for the employees it claims,
there is no history of bargaining on a craft basis in this case prior
to the advent of the industrial union such as led me to hold in the
American Hardware case 5 that such bargaining justified the holding
of a separate election among the craft employees.
On May 7, 1941, the Board affirmed the Regional Director's action
in refusing to issue a complaint • charging the Company with having
engaged in unfair, labor practices at the West Pullman Works.. I
dissented from the Board's action in this respect because I was of
the opinion that, upon the evidence presented to the Board, a com-
plaint should have issued. In an analogous situation; I dissented
from the Board's Direction ordering an election; stating that
I believed that no election should be held since the complaint had not
been issued, tried, and finally disposed of by the Board. However,
the special considerations which moved me to dissent in that case are
not here present, and since my view' with respect to the desirability
of issuing a complaint has been overruled by a majority of the
Board I concur in. the Direction of Election in the instant case
providing for the conduct of an election within thirty (30) days.
6Matter of American Hardware Corporation and United Electrical and Radio Workers
of America, 4 N. L. R. B. 412, 422.
6 Matter of The Red River Lumber Company , a corporation and Lumber and Sawmill
Workers Local Union No. 53, International Woodworkers of America , 31 N. L. R. B. 10.