Caterpillar Tractor Co.

In the Matter of CATERPILLAR TRACTOR Co. and BuILD'NG SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL # 18, A. F. OF L. Case No. R-5854.-Decided September 6,1943 Mr. W. L. Williford and Mr. Gordon Monfort, of San Leandro, Calif., for the Company. Mr. Joseph Aronson and Mr. W. Douglas Goldert, of Oakland, Calif., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Building Service Employees Interna- tional Union, Local #18, A. F. of L., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Caterpillar Tractor Co., San Leandro, California, herein called the Company, the National Labor Relations Board pi ovided for an appropriate hearing upon due notice before John P. Jennings, Trial Examiner. Said hearing was held at San Francisco, California, on August 19, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Caterpillar Tractor Co. is a California corporation engaged in the manufacture of Diesel engines. We are concerned with its plant at San Leandro, California, where it is engaged in the manufacture of 52 N. L. B. B., No. 67. 437 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fuel engine injectors. During 1942 the Company purchased raw materials valued at about $1,040,000, approximately 50 percent of which was shipped to it from points outside the State of California. During the same period the Company shipped about $2,000,000 worth of products from its San Leandro- plant to points outside the State of California. H. THE ORGANIZATION INVOLVED Building Service Employees International Union, Local #18, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of the plant-protection employees at its San Leandro plant until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial num- ber of employees in the unit hereinafter found to be appropriate.' 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 urges that all plant guards of the Company, excluding the chief guard, constitute an appropriate unit. The Company stated that it doubted the propriety of setting up a unit of plant guards inasmuch as they are sworn United States auxiliary military police, but that in any event lieutenants and sergeants should be excluded from the unit. The Company's guards are armed and sworn United States aux- iliary military police. The United States Army has formulated certain employment standards applicable to the plant guards. It cannot seriously be contended at this time that guards _who are sworn into temporary membership in the armed services thereby lose any benefits of the Act. For the reasons stated in the Dravo case,2 we I The Regional Director reported that the Union presented 12 membership-application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of August 7, 1943. There are approximately 18 employees in the appro- priate unit. 2 52 N. L. R. B 322. CARTERPILLAR TRACTOR CO. 439 find that plant guards, although sworn United States auxiliary mili- tary police, are free to select their own 'bargaining representatives under the Act. As stated above, the Company would exclude the lieutenant and sergeants from the unit, while the Union would include them. The lieutenant and each sergeant supervises the work of approximately five plant guards. The lieutenant and sergeants recommend the hire and discharge of the plant guards under their supervision . We shall exclude the lieutenant and sergeants from the unit. We find that all plant guards at the San Leandro plant of the Company , excluding the chief guard, the lieutenant , sergeants, and any other supervisory employees with authority to hire, promote, dis- charge, discipline , or otherwise effect changes in the status of em- ployees, or effectively recommend ' such action, 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 means of 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 Caterpillar Trac- tor Co., San Leandro, California, 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 Twentieth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 preceding the date of this Direction, including employees who did i 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not work during said pay-roll period because they were ill or on va- cation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Building Service Employees International Union, Local #18, af- filiated with the American Federation of Labor, for the purposes of collective bargaining. CHAIRMAN MILms took no part in the consideration of the above Decision and Dtio; of Election.