Allis-Chalmers Mfg. Co.

In the Matter of ALI,IS-CHALMERS MFG. COMPANY and LOCAL 248, UNITED AuToivioBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, U. A. W.-C. I. O. Case No. R-4644.-Decided January 09, 1943 Jurisdiction : industrial machinery manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to grant recognition; contract not asserted-by the parties thereto as a bar, inasmuch as they were negotiating for a new contract, held no bar ; election necessary. Unit Appropriate for Collective Bargaining : elections directed among (1) power- house, forage, and electrical control plant and (2) powerhouse maintenance employees, to determine whether they desired single or separate units or to be combined with large production unit. Mr. 'John L. Waddleton, of Milwaukee, Wis., for the Company. Mr. W. 0. Sonnemann, of Milwaukee,' Wis., and Mr. Harold 'Christo fjel, of West Allis, Wis., for the C. I. •O. Mr. H. R. Neubauer, and Mr. Walter'H. Schmidt, of Milwaukee, Wis., and-Mr. Howard R. Plank, of Chicago, Ill., for the A. F. of L. Mr. Wm. C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petition duly filed -by Local 248,'United Automobile, Aircraft 8 Agricultural Implement Workers of America, U. A. W.-C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of the West .Allis, Wisconsin, Works, of the Allis-Chalmers Manufacturing,' Com- pany, herein called the Company, the National Labor Relations Board ,provided for an appropriate hearing upon .due notice before Clarence A. Meter, Trial Examiner. Said hearing was held at 'Milwaukee, Wisconsin,. on December 8, 1942., The Company, the ' C. I. 0., and ,-International Brotherhood of Firemen-and Oilers, Local 125, A. F. of L., herein called the A. F. of L., appeared, participated, and, were afforded full opportunity to be heard, to ,examine and cross-examine witnesses, and to introduce evidence bearing 'upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial ,error and are hereby affirmed. 47 N L R. j3, No. 15. 85 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: • FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Allis-Chalmers Manufacturing Company is a Delaware corpora- tion, authorized to do business in the State of Wisconsin. The Com- pany's West Allis, Wisconsin, Works is the only plant involved in this proceeding. At this plant the Company is engaged in the man- ufacture of basic industrial machinery, including complete' electric equipment for power companies, industrial plants, and ships. Dur- ing the first 10. months of 1942, the Company used raw materials, consisting of steel, copper, pig copper, pig iron, tin, pig tin, and zinc, valued at $45,979,681, of which $43,680,697 represents the value of such raw materials purchased and transported to the Company from points outside the State of Wisconsin. During the same period the Company sold finished products valued at $83,465,885, 95 percent of which was sold to purchasers outside the State of Wisconsin. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Local 248, United Automobile , Aircraft & Agricultural Implement Workers of America, U. A. W.-C. I. 0., is a labor organization affil- iated with the Congress of Industrial Organizations , admitting to membership employees of the Company. International Brotherhood of Firemen and Oilers , Local 125, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about November 12, 1942, the C. I. O. requested the Company to extend to it bargaining rights for employees of the Power Plant and forge shop at the Company's West Allis Works, but the Company refused such recognition because on February 9, 19387 the A. F. of L. had been certified as the bargaining representative for this unit by the Board,' and because the Company had a contract with the A. F. of L. covering this unit. Neither the Company nor the A. F. of L. urge their contract as a bar to a present determination of repre- sentatives, inasmuch as the parties have been negotiating for a new contract. 1 See Matter of Allis-Chalmers Manufacturing Company and International Union, United Automobile Workers of America, Local 248, 5 N. L. R. B. 158. ALLIS-CHALMERS MFG. COMPANY 87 A statement of the Regional Director, introduced into evidence at the hearing, indicates that the C. I. O. represents a substantial num- her of the Company's Power House employees.' 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, Act. IV. TIIE APPROPRIATE 'UNIT; THE DETERMINATION OF REPRESENTATIVES The principal unit issue presented by this proceeding is whether 'the powerhouse employees in the Company's Power House, forge shop, and electrical control plant constitute a separate unit or should be included as part of the general production unit. The C. I. O. con- tends that the powerhouse employees should be merged with the larger production unit now represented by the C. I. O. The A. F. 'of L. and the Company claim that the powerhouse employees com- prise a separate appropriate bargaining unit. The, sole dispute with respect to the inclusions and exclusions in the voting unit concerns the Power House maintenance employees and the operational and maintenance engineer who is included on the Power House pay roll. The C. I. O. contends that these employees should be excluded from the 'unit while the A. F. of L. and the Company claim that they should be included. As to the principal dispute, in a prior proceeding 3 involving the West Allis Works of the Company in which, among others, the A. F. of L. ' and the predecessor of the C. I. O. participated, the Board established the following units: (a) maintenance electricians, (b) Power House operators, (c) general production employees, and (d) technical engineers and draftsmen. All of the above units, with the exceptions of the technical engineers and draftsmen, were established after elections directed by the Board. The following labor organiza- tions were duly certified by the Board as bargaining representatives for the employees in the above units: (1) International Brotherhood of Electrical Workers for unit (a) above, (2) International Brotherhood of Firemen and Oilers, Local 125, for unit (b) above, (3) International Union, United Automobile Workers of America, Local 248, for unit (c) above, and (4)` Independent Engineers and Draftsmen's Associa- tion for unit (d) above. Thereafter the Company entered into bar- 2 The report of the Regional Director states that the C I 0 submitted 28 application- for-membership cards bearing apparently genuine signatures , 27 of which are the names of persons on the Company 's pay roll of November 18, 1942 , which contains 48 names of persons in the alleged appropriate unit; that of these 27 cards 11 are undated and 16 are dated in October and November 1942 . The A. F. of L . bases its representation claim on its contract with the Company 8 See Matter of Allis-Chalmers Manufacturing Company and International Union, United Automobile Workers of America, Local 248, 4 N. L R. B 158, and case cited in footnote 1, supra. 88 DEOISIONS OF NATIONAL LABOR RELATIONS BOARD gaining contracts with the C. I. 0. and the A. F. of L.'covering the employees in the units for which each of these organizations ' was certified. The A. F. of L.'s last contract expired June 27, 1942, but on'June 25, '1942, an extension agreement was executed extending the basic agreement until a new contract could be negotiated. • The C. I. 0. has a similar contract and extension agreement with the 'Company. Inasmuch as the Board heretofore found, -as a result of an election, that the powerhouse employees, exclusive of the Power House main- tenance employees, comprise an appropriate unit and since bargaining has been conducted on this basis, we find that the Power House opera- tors properly comprise,an appropriate unit. However, for reasons hereinafter stated, we shall permit this unit to be enlarged by the inclusion of the Power House maintenance employees if they so desire. In the prior case, hereinbef ore mentioned, the Board considered the problem of the Power House maintenance employees and found that, although these men worked in the main Power House and, in the forge shop, the nature of their work did not indicate that they should be classified with those, employees who operated the boilers. For this reason and for the further reason that they were then ineligible for membership in the A. F. of L., the Board did not include.them with ,the operating group. The Power House maintenance group comprises eight maintenance employees permanently assigned to the Power House and forge shop and a maintenance and operational engineer who is classified as a powerhouse employee but works in two of -the Com- pany's three air-compressor, stations and also maintains the air-condi- tioning system,in the plant's office building. Among'the,Power House maintenance employees -there, is a .boilermaker, machinist, steam fitter, and their helpers. , The 'C. I. 0. contends that the Power House maintenance employees and the maintenance and operational engineer should be excluded from any unit of powerhouse employees because these employees are included in the larger unit which the C. I. 0. has bargained for since 1938. The A. F. of L. disputes this claim of the C. I.,0. and claims that the Power House maintenance employees and the maintenance and operational engineer have been bargained for by the A. F. of L. since 1938, and therefore should be'included in the unit sought by the A. F. of L. The record is not- clear as to which of the unions has represented these employees. We are of the opinion and find that the Power House maintenance employees, including the maintenance and operational engineer, may properly be included with the Power House group or be a part of the larger production unit represented by the C. I. 0. and we shall permit them to indicate their desire as to the d'esignatior. cf a bargaining representative. Under all the circumstances we find that the desires of the Power House maintenance employees and the operational engineer shall be i ALLIS-CHALMERS MFG. COMPANY '89 the controlling factor in our determination of the appropriate unit. We shall therefore make no final determination of the unit at this time but shall' direct that the question concerning representation which has arisen be resolved by elections by secret ballot among the following groups of employees:- (a) the following employees in the Power Rouse, and forge shop, and electrical control plant : operating en- gineer in charge, operating engineers, assistant engineers in the base- ment, oilers, head firemen, firemen "Class A," firemen "Class B" (operational), firemen "Class B" (Larry men), coal-dock operator, coal-dock employees, utility men, in the main Power House and the boiler room of the forge shop, engineer in charge in forge shop,, "Class B" firemen in the electrical control plant, exclusive of supervisors, chief engineer, assistant chief engineer, watch engineer in the electrical control plant, fire chief, heating inspector, feed-water chemist, graduate student apprentices, indentured apprentices, and cooperative student apprentices, to determine whether they desire to be repre- sented by Local 248, United Automobile, Aircraft & Agricultural Implement Workers of America, U. A. W.-C. 1. 0. or by International Brotherhood of Firemen and Oilers, Local 125, A. F. of L., for the purposes of collective bargaining, or by neither; (b) the Power House maintenance employees, including the maintenance and operational engineer, to determine whether they desire to be represented by Local 248, United Automobile; Aircraft & Agricultural Implement Workers of America, U. A. W.-C. I. 0., or by International Brotherhood of Firemen and Oilers, Local 125, A. F. of L., for the purposes of collective bargaining, or by neither. • Those eligible to, vote shall be the employees in the enumerated categories, who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. Upon the results of the elections will depend in part the appropriate unit. If a majority of both groups select the A: F. of L., they 'will constitute a separate unit. If a majority,of both groups select the C. I. 0., the Power House group will constitute a separate unit and the Power House maintenance group will be included in the larger pro- duction unit now represented by the C. I. 0. If a majority of the Power House group selects either the A. F. of L. or the C. I. 0., they will constitute a separate ,unit. In the event the Power House mainte- nance group alone selects the A. F. of L., that group will constitute a separate appropriate unit. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Re- 90 DEiCISIONS OF NATIONAL LABOR RELATIONS BOARD lations 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 Allis- Chalmers Manufacturing Company, at its plant located at Wrest Allis, Wisconsin, separate elections 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 Twelfth 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 those employees who tall within the groups described below, who were employed by the Com- pany during the pay-roll period immediately preceding the date of this Direction, including- employees who did not work during said period because they were ill or on vacation or temporarily laid off, and includ- ing employees in the armed forces of the United States who present themselves in person at the polls, but excluding employees who have since quit or been dicharged for cause : (a) The following employees in the Power House, and forge shop, and electrical control plant : operating engineer in charge, operating engineers, assistant engineers in the basement,, oilers, head firemen, firemen "Class A," firemen "Class B" (operational), firemen "Class B" (Larry men), coal-dock operator, coal-dock employees, utility men, in the main Power House and the boiler room of the forge'shop, engi- neer in charge in forge shop, "Class B" firemen in the electrical con- trol plant, exclusive of supervisors, chief engineer, assistant chief engi- neer, watch engineer in the electrical control plant, fire chief, heating inspector, feed-water chemist, graduate student apprentices, inden- tured apprentices, and cooperative student apprentices, to determine whether they desire to be represented by Local 248, United Automo- bile, Aircraft & Agricultural Implement Workers of America, U. A. W.-C. I. 0., or by International Brotherhood of Firemen and Oilers, Local 125, A. F. of L., for, the purposes of collective bargain- ing, or by neither; (b) The Power House maintenance employees, including the maintenance and operational engineer, to determine whether they desire to be represented by Local 248, United Automobile, Aircraft & Agricultural Implement Workers of America, U. A. W.-C. I. 0., or by International Brotherhood of Firemen and Oilers, Local 125, A. F. of L., for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part, in the consideration of the above Decision and Direction of Election.