Yale & Towne Mfg. Co.

National Labor Relations Board - Board Decisions

Mar 18, 1942

39 N.L.R.B. 898 (N.L.R.B. 1942)

I n the Matter of AUTOMATIC TRANSPORTATION COMPANY, DIVISION OF
THE YALE & TOWNE MFG. Co. and INTERNATIONAL UNION, UNITED
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, AFFILIATED WITH THE C. I. O.
Case No. B-3551.-Decided March 18,1942
Jurisdiction : truck manufacturing industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival organizations ; refusal of Company to accord competing
union recognition until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company's Chicago plant, including stock record and stock
clerks and operating engineers , but excluding foremen, assistant foremen,
working foremen, supervisory employees, office clerical employees, timekeepers,
and watchmen.
Mr. David R. Clarke, of Chicago, Ill., for the Company.
Mr. Ben Meyers, of Chicago, Ill., for'the C. I. O.
Mr. J. Warren McCaffrey,'of Chicago, Ill., for the Independent.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 10, -1942, International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, affiliated
with the C. I. 0., herein called the C. I. 0., 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 Automatic Transportation Com-
pany, Division of the Yale & Towne Mfg. Co., herein called- the
Company, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On February 12, 1942,
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,
39 N. L. R. B., No. 176 -
898 -
AUTOMATIC TRANSPORTATION COMPANY 899
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On February 12, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the C. I. 0., and upon Walker-Automatic Independent Labor Asso-
ciation, herein called the Independent, a labor organization claiming
to.represent employees directly affected by the investigation' Pur-
suant to notice, a hearing was held on February 17, 1942, at Chicago,
Illinois, before William J. Isaacson, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The C. I. 0., the Independent,
and the Company were represented and 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 par-
ties. During the hearing, the Trial Examiner reserved ruling on the
motion of the Independent,to intervene. The Trial Examiner made'
rulings on other motions and on objections to the admission of evi-
dence. The Board h'as reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed. The motion of the Independent for leave to
intervene is allowed.
Upon the entire record in the case, the Board makes the following :
r- FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Automatic Transportation Company is a 'division of the Yale &
Towne Mfg. Co., a Connecticut corporation with an office and plant
located at Chicago, Illinois. The Company is engaged at its Chi-
cago plant in the manufacture, sale, and distribution of industrial
trucks. During the past year, the Company purchased for use of
its Chicago plant raw materials of the approximate value of $500,000,
60 percent of which materials was obtained from sources outside the
State of Illinois. During the same period, the Company sold and
distributed finished products valued at approximately $3,500,000,
about 80 percent of which was sold and shipped' to points outside
the State of Illinois.
.II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, is a labor organization affiliated
1 Service was also made on National Union of Truck Drivers which , however , did not
appear or participate in the hearing.
900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with, the Congress of Industrial Organizations , admitting to mem-
bership employees of the Company. '
Walker-Automatic Independent Labor Association is an unaffili-
ated labor organization 'admitting to membership- employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION,
Shortly before the filing of the petition'lierein 'each union demanded
that the Company recognize it 'as the representative of the Company's
employees. The Company refused ' to recognize either union until
certified by the Board.'
A statement prepared by the Regional Director , which was intro-
duced in evidence , shows that thee' C. I. 0. and the Independent each'
represents a substantial number of the employees. in the ' alleged
appropriate unit.? `
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