J. I. Case Co.

In the Matter of J. I. CASE COMPANY and INTERNATIONAL UNION, UNITED AuTomoBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. Case No. R-4476.-Decided November 00, 194.9 Jurisdiction : farm machinery and ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to grant recognition until certification by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, with specified inclusions and exclusions; stipulation as to. Mr. Clark M. Robertson, of Milwaukee, Wis., for the Company. Mr. Lawrence Carlstrom, of- Milwaukee, Wis., and Mr. Charles Fane, of Rockford, Ill., for the U. A. W. Mr: J. J. Denny, of Burlington, Iowa, for the I. A. M. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union, United Automo- bile, Aircraft and Agricultural Implement Workers of America, C. I. 0., lierein called the U. A. W., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of J. I. Case Company, Burlington, Iowa, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. Said hearing was held at Burlington, Iowa, on November 4, 1942. At the commencement of the hearing, the Trial Examiner granted a motion of International Association of Machinists, herein called the I. A. M., to intervene. The Company, the U. A. W., and the I. A. M. appeared and participated in the hearing and were afforded full opportunity to be heard, to examine and cross -examine witnesses, and to introduce evidence bearing on the issues. At the close of the hearing, counsel for the Company moved to dismiss the petition. The Trial Examiner made no ruling on the motion. The motion is 45 N L. R. B., No. 104. 705 493508-43-vol. 45-45 706 DB ISIONS OF NATIONAL LABOR RELATIONS BOARD hereby denied. 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 J. I. Case Company, a Wisconsin corporation, operates a plant at Burlington, Iowa, where it is engaged in the manufacture, of farm machinery and war materials. Seven hundred and fifty thousand dollars worth of the raw materials used at the Burlington plant an- nually are shipped to, it from points outside of Iowa. Finished products valued at approximately $1,500,000 are shipped to points outside the State of Iowa from the Burlington plant annually. The Company concedes that it is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft and Agricul- tural Implement Workers of America, is a labor organization' affili- ated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Association of Machinists-is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. 111. THE QUESTION CONCERNING REPRESENTATION- During September 1942 the U. A. W. requested the Company to recognize it as the exclusive representative of the employees at the Burlington plant of the Company. The Company refused this re- quest until such time as the U. A. W. is certified by the Board. The Company claims that it has individual contracts with many of, its employees at the Burlington plant and contends that such contracts are a bar to this proceeding. This contention is clearly without merit. The fact that an employee signs an individual con- tract of employment cannot be held to set aside the statutory right of employees to bargain collectively., A statement of the Trial Examiner, read into evidence at the hear- ing, indicates that the U. A. W. represents a substantial number of the employees in the unlit hereinafter found to be appropriate.2 'See Matte, of Norman IT Stone, Marvin H Stone and Jerome H Stone, Jr, doing business as J H Stone J Sons and International Printing Press;nea and Assistants' Union, Box and Carton Local #415, 22 N L R B 850. 2 The Thai Examiner repotted that U A W presented 115 authorization cards bearing apparently genuine signatures of persons whose names appear on, a current payroll of J.-.-I. -CASE COMPANY, 707 We find' that a question affecting commerce has arisen, concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act.' IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties,. that all production and maintenance employees at the Burlington plant of the Company, excluding executives, foremen, assistant foremen; plant guards, timekeepers, shop clerks, designing and engineering em- ployees, and main office employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V._ THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 Re- lations Act, and pursuant to Article III,,Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby - DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with J. I. Case Com- pany, Burlington, Iowa, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this Direction, under the direction and supervision of the Regional Director for the Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately pre- ceding the date of this Direction, including any such employees who did not work during said pay-roll period because they were ill or the Company There are 190 employees in the unit hereinafter found to be approprlate. The Tiial Examiner further 'eported that the I A. M. presented 34 membership appli- cation cards beat ing apparently genuine signatures of persons whose names appear on a current pay roll of the Company. 708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union, United Automobile, Air- craft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, or by International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or,by neither.