J. I. Case Co.

National Labor Relations Board - Board Decisions

Nov 4, 1940

27 N.L.R.B. 1202 (N.L.R.B. 1940)

In the Matter of J. I.. CASE COMPANY and FARM EQUIPMENT WORK-
ERS' ORGANIZING COMMITTEE' .(UNITED FARM EQUIPMENT, WORKERS
OF AMERICA , LOCAL 114), AFFILIA7 ED WITH THE C. I. O. -
Case, No. R-9068.-Decided November 4, 1940,
Jurisdiction : agricultural equipment manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union; election necessary
Unit Appropriate for Collective Bargaining : hourly paid and piece-work pro-
duction and maintenance employees, excluding foremen, assistant foremen.
pattern makers, pattern makers' apprentices, watchmen, temporary employees,
and office and clerical employees.
Mr. Clark M. Robertson,, of Milwaukee, Wis., for the Company.
Meyers € Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
Union.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATE11ENT OF THE CASE
On September 3, 1940, Farm Equipment Workers' Organizing
Committee (United Farm Equipment -WWrorkers of America, Local
114), affiliated with the C. I. 0., herein called the Union, filed with
the Regional Director for the Thirteenth Region (Chicago, Illinois),
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of J. I. Case Company,
Rock Island, Illinois, herein called the Company, at its Rock Island
plant, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On September 13, 1940, 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.
27 N. L. R. B, No. 197.
1202 - . ,
J. I. CASE COMPANY 1203
On September 18, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held oil September 26,
1940, at Rock Island, Illinois, before Charles F. McErlean, the Trial
Examiner duly designated by the Board. The Company and the
Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues was afforded
-all parties. The Union moved to amend its petition to conform with
the terms of a unit, stipulation hereinafter described. The Trial
Examiner did not rule on this motion.. The'mo'tion'is hereby granted.'
No other motions and no objections to the admission of evidence
were made by the parties.
Upon the entire record in the case, the Board makes the following;
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
J. I. Case Company, a Wisconsin corporation, is engaged at a plant
at Rock Island,- Illinois, in the manufacture of farm machinery and
implements. During 1939 the Company purchased for use at this
plant, raw materials valued at approximately $1,000,000, of which
approximately 80 per cent were received from points outside the
State of Illinois. During the same period the Company sold prod-
ucts manufactured at this plant, valued in excess of $2,000,000, of
which approximately 80 per cent were shipped to points outside the
State of Illinois.
II. THE ORGANIZATION INVOLVED
United Farm Equipment Workers'of America, Local 114, is a labor
organization affiliated with Farm' Equipment Workers' Organizing
Committee and, through it, with the Congress of Industrial Organi-
zations. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On seVera1 occasions after January 1, 1940, the Union has requested
the Company to bargain collectively with it as the exclusive repre--
sentative of certain of the Company's employees. The Company has
refused these requests because it questions the majority representation
of the Union.
A statement read into the record by the Trial Examiner shows
that the-, Union represents a substantial number of the employees
in the unit hereinafter "found to be appropriate. 1
I The Tiial Examiner's statement show that the Union produced 241 cards signed by
persons whose names appear on the Company's pay roll of September 20, 1940, containing
470 names.
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING
REPRESENTATION UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation ' to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated, and we find, that the hourly paid and
piece-work production and maintenance employees of the Company
at the Rock Island plant, excluding foremen, assistant foremen,
pattern makers, pattern makers' apprentices,2 watchmen, temporary
employees, and office and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining, and that this unit
will insure to the 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.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company at its Rock Island plant can
best be resolved by an election by secret ballot. The parties stipu-
lated that eligibility should be determined with reference to the
Company's pay roll of September 20, 1940. No reason appears why
the stipulation should not be given effect.
We `shall accordingly direct that an election by secret ballot be
held among the Company's employees in the appropriate unit whose
names appear on the Company's pay roll of September 20, 1940,
subject to such limitations and additions as are set forth in the
Direction.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
2 The Board has heretofore found that the pattern makers and pattern makers' appren-
tices employed by the Company at this plant constitute a separate appropriate unit:
Matter of J. I. Case Company and Pattern Makers League of North America and Pattern
Makers Association of Quad Cities and Vicinity, affiliated with the American Federation
of Labor, 24 N. L. R. B. 606.
J. I. CASE COMPANY'
CONCLUSIONS OF LAW
1205 ,
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of J. I. Case Company at its Rock Island
plant, Within the meaning of Section 9' (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. The hourly paid and piece-work production and -maintenance
employees of the Company at the Rock Island plant, excluding
foremen, assistant foremen, pattern makers, pattern makers' appren-
tices, watchmen, temporary employees, and office and clerical em-
ployees, 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 ELECTION
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 bar-
gaining ' with J. I. Case Company , Rock Island, Illinois , 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 Thirteenth
Region, acting in this matter as agent for the National -Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations , among the hourly paid and piece-work production and
maintenance employees of J. I . Case Company at its Rock Island
plant, -Rock , Island, Illinois, whose names appei r on the Company's
pay roll of September 20, 1940, including employees who did not
work during such pay-roll period because they were ill or on vacation
and employees who were then or have since been laid off, but exclud-
ing foremen , assistant foremen , pattern makers, pattern makers'
apprentices , watchmen, temporary employees , office and clerical
employees , and employees who have since quit or been discharged
for cause , to determine whether or not they desire to be represented
by Farm Equipment Workers' Organizing Committee (United Farm
Equipment Workers of America,-Local 114), affiliated with the C. I.
0., for the purposes of collective bargaining.