McCormick Works

National Labor Relations Board - Board DecisionsOct 19, 1942

44 N.L.R.B. 1332 (N.L.R.B. 1942)

In the Matter of MCCORMICK WORKS, INTERNATIONAL HARVESTER COM- PANY and UNITED FARM - ERUIPMENT AND` "METAL WORKERS OF' AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-4S2 .Decided October 19, 194 Jurisdiction : war materials manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord petitioner recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : guards, fire station operators, and fire equipment inspectors, excluding supervisory employees and production and maintenance employees acting as voluntary firemen Definitions : plant-protection employees deputized by war Department held em- ployees within the meaning of the Act. Mr., Frank B. Schwarer and Mr. W. J. Reilly, of Chicago, Ill., for the Company. Meyers and Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the Union. Mr. J. Benson Saks, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Farm Equipment and Metal Workers of America, affiliated with the Congress of Industrial Organ- izations, herein called'the Union,' alleging that a question affecting commerce had arisen concerning the representation of employees of McCormick Works, International Harvester Company, Chicago, Illi- nois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leon A. Rossell, Trial Examiner. Said hearing was held in Chicago, Illinois, on September 29; 1942. The Company and the Union appeared, par- 'At the bearing the Union moved without objection to amend the formal papers in the proceeding to correct its name from Farm Equipment Workers Organizing Committee, C I. 0, to United Farm Equipment and Metal Workers of America , affiliated with the- C. 'I. 0 44'N. L. R. B., No. 250. 1332 , McCORMICK WORKS 1333 ticipated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Company moved to dismiss the petition and the Trial Examiner reserved ruling on this motion. The motion is hereby de- nied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 principal offices in Chicago, Illinois, and plants in seven other States. The instant proceeding concerns only the Company's Mc- Cormick Works at Chicago, Illinois, where it has been engaged in the manufacture of motor trucks, tractors, farm equipment, and related items. At the present time the Company is engaged at its McCormick Works in the manufacture of war materials for the United States Government. During 1941 the value of the raw materials purchased by the Company for the McCormick Works amounted to several mil- lions of dollars, a very substantial part of which represented materials received from outside the State of Illinois. During the same period the Company manufactured products at its McCormick Works valued at approximately $30,000,000, 95 percent of which represented ship- ments to States other than Illinois. The Company admits that it 'is engaged in cominerce'within the meaning of the Act. II. THE ORGANIZATION INVOLVED United Farm Equipment and Metal Workers of America is a labor organization, affiliated with'the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In August 1942, the Union requested the Company to recognize it as the bargaining representative of the employees in an alleged appro- priate unit. The Company refused to recognize the Union unless and until the Union had been certified by the Board. A report of the Regional Director.introduced in evidence at the hearing shows that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.2 ' The Regional Director reports that 56 cards out of the 58 submitted to him by the Union bear apparently genuine signatures ; that the names on '52 of the 56 cards are those of persons whose names appear on the Company ' s pay roll of August 21, 1942 ; that 2 of the 1334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD . We find that a 'question affecting commerce has arisen concerning the representation 'of employees of the Company, within the meaning of *Section 9 (c) and Section 2 (6) and, (7) of the National Labor. Relations Act. IV. THE APPROPRIATE UNIT The Union has a contract with the Company for all production and maintenance employees, excluding, among others, fire and watch em- ployees (except production and maintenance employees who act as production firemen). It now seeks a separate unit consisting of all guards (formerly firemen and watchmen), fire station operators, and fire equipment inspectors, excluding supervisory employees and ex- cluding production and maintenance employees who act as voluntary firemen. It was agreed by the parties at the hearing that the unit requested by the Union comprises all the plant-protection employees of the Company. Plant-protection employees guard the Company's property against espionage, theft, trespass, and fire and accident hazards. They enforce safety, disciplinary, and war production regulations. The War De- partment has deputized these employees, and the Articles of War were read to them and they were apprised of the instructions of the War Department regarding plant protection in time of war. The Company contends that, even if the ordinary duties of these employees do not bar them from rights guaranteed under the Act, the military regulations to which they are subject deprive them of the status of "employees" within the meaning of the Act. We do not agree. The essential employment relationship between the Com- pany and these employees has been preserved despite the fact that they have been deputized by the War Department. Their hire and tenure, compensation, and general working conditions are determined by the Company and are consequently subject to adjustment by the Company and these employees. The Company further contends that organization of plant-protec- tion employees and their affiliation with the same labor organiza- tion which represents the Company's production and maintenance employees, whose activities they watch and guard, will materially lessen their efficiency. We perceive no essential conflict in this case between self-organization for collective bargaining and the faithful' performance of duty. We are mindful of the increased responsibili- ties placed upon plant-protection employees in wartime, but the prac- tices and procedures of, collective bargaining are flexible, and may cards are dated in 1937 , 1 in 1939, 13 in 1941, 22 between January and May 1942, 10 between June and August 1942 , and 4 are undated ; and that there are 82 persons in the unit hereinafter found appropiiate. \MCCORbIICK ZVORKS 1335, make full allowance for such added' responsibilities.3 We find, there- fore, no reason to deny the request of the Company's plant-protection employees to constitute a separate bargaining unit and to deny them,. as such; the right. to bargain collectively with their employer through a representative-of their own choosing. We find that all guards (formerly firemen and watchmen), fire' station operators, and fire equipment inspectors, excluding super-. visory employees, and excluding production and maintenance em- ployees who act as voluntary' firemen, constitute a. unit appropriate' for the purposes of collective bargaining within the meaning of-, Section 9 (b) of the Act. V. DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among em- ployees within the unit found appropriate in Section IV, above, who- were employed during the pay-roll period immediately preceding the- date of our Direction of Election, subject to the limitations and addi- tions set forth therein. 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, 49 Stat. 449, 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 to ascertain repre- sentatives for the purposes of collective bargaining, with McCormick Works, International Harvester Company, Chicago, Illinois, an elec- tion 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,, among all employees of the Company within 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- 3 Matter of Chrysler Corporation , Highland Park Plant and Local 114. United Automobile, Aircraft and Agricultural Implement Workers of America, C 1 0, 44 N L R B. 881. See also Matter of Frigidaire Division, Ceneial Motors Corporation and United ' Electrical, Radio & Machine Workers of America (C. I 0 ), 89 N L it, B. 1108, and cases cited therein. 11336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Farm Equipment and Metal Workers'of America, affiliated with the Congress of Industrial Organizations, for the purposes of ,collective bargaining.