International Harvester Co.

In the Matter of INTERNATIONAL HARVESTER COMPANY, MELROSE PARK PLANT, EMPLOYER and UNITED AUTOMOBILE, AIRCRAFT AND AGRI-. CULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETITIONER Case No. 13-1-t-5662.-Decided October 17, 1946 Mr. D. B. Oldaker, of Chicago, Ill., for the Employer. Mr. Max Raskin, of Milwaukee, Wis., for the Petitioner. Mr. TV. O. Sonnzemann, of Milwaukee, Wis., for the United. Mr. Daniel D. Carmell, by Messrs. Lester Asher and Joseph E. Gubbins, of Chicago, Ill., for the A. F. of L. Messrs. John B.aggot and K. M. Hindley, of Maywood, Ill., for the Teamsters. Mr. James M. Kennedy, of Chicago, Ill., for the Firemen and Oilers. Messrs. J. J. Denny, P. L. Siemiller, R. Paquet, and B. H. Skid- more, of Chicago, Ill., for the IAM. Messrs. John Gavin and Charles F. Albrecht, of Chicago, Ill., for the Operating Engineers. Mr. A. Swrnner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on July 22 and 26, 1946, before Leon A. Rosell, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The A. F. of L.'s in(otion to dismiss is hereby denied for reasons hereinafter stated. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. TIIE BUSINESS OF THE EMPLOYER International Harvester Company, a New Jersey corporation, has its principal offices in Chicago, Illinois, and is engaged in the manu- facture of various types of power and farm equipment at various plants located in widely separated areas of the United States. The only plant involved in this proceeding is the Melrose Park plant 71 N. L R. B., No. 56 390 INTERNATIONAL HARVESTER COMPANY 391 situated at Melrose Park, Illinois, which plant has not been operated by the Employer prior to the year 1946. The Employer estimated that during the current year its sales of finished products from its Melrose Park plant would exceed $1,000,000 in value, of which approxi- mately 50 percent would be shipped to points outside the State of Illinois. The Employer does not deny, and we find that it is engaged in com- merce within the meaning of the National Labor Relations Act. II. TIIE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. United Farm Equipment and Metal Workers of America, herein called the United, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. The American Federation of Labor, herein called the A. F. of L., is a labor organization, claiming to represent employees of the Employer. Local 782, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, herein called the Teamsters, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. ° Local 7, International Brotherhood of Firemen and Oilers, Mainte- nance Laborers and Helpers, herein called the Firemen and Oilers, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. Die and Tool Makers Lodge 113, International Association of Ma- chinists, herein called the IAM, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. Local 399, International Union of Operating Engineers, herein called the Operating Engineers, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. TIIE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. - We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES -The Petitioner seeks a plant-wide unit consisting of all production and maintenance employees employed by the Employer at its Melrose Park plant, excluding outside truck drivers, clerical and supervisory employees. The United supports the Petitioner's request that the appropriate unit be plant-wide in character. The craft labor organi- zations consisting of the Firemen and Oilers, the IAM, the Team- sters, and the Operating Engineers, seek separate craft units confined to employees within their respective craft jurisdictions. The A. F. of L., although questioning the propriety of directing an election at this time, agrees with its affiliated craft labor organizations in their contention that separate unfits be recognized as appropriate for the various groups which they claim to represent in the present proceed- ing. The Employer's position is that it desires that the Board deter- mine the scope of the appropriate unit.' The Employer's operations as conducted at its Melrose Park plant are of the usual integrated type common to large industrial enter- prises. In the present instance, however, the'Employer has no his- tory of collective bargaining with respect to its Melrose Park plant which, although operated by another concern as a war plant until V-J Day of last year, was not acquired by the Employer until Janu- a}y of 1946, and has been in operation by the latter only since March 19,1946. So far as the groups of employees claimed by the craft organ- izations are concerned, while it appears that both the Petitioner and the United have organized upon a plant-wide basis, it is evident that the units sought by the A. F. of L. unions are basically craft main- tenance in character within the traditional craft jurisdiction of such labor organizations. Moreover, the propriety of separate craft units at the Melrose Park plant has, in an earlier proceeding involving the Employer's predecessor in interest at this plant, been recognized by the Board with respect to several of the craft groups claimed as sepa- rate'units in the present proceeding.' Accordingly, notwithstanding the highly integrated nature of the Employer's operations and the plant-wide organization on the part of two of the labor organizations herein concerned, we are of the opinion, in view of the prior existence of separate craft units during the earlier operation of the Melrose Park plant by the Employer's predecessor and in the absence of any history of collective bargaining by the Employer at this plant, that ' The Employer at one time during the hearing stated that it was opposed to the exclu- sion of outside truck drivers from the plant-wide unit sought by the Petitioner. The position thus taken by the Employer will be considered herein in connection with the discussion as to the appropriateness of a unit of outside truck drivers claimed by the Teamsters in the present instance. ' See Matter of Buick Division, General Motors Corporation, 40 N. L It. B . 225 ; 41 N. L. It. B 988. INTERNATIONAL HARVESTER COMPANY 393 the craft employees sought by the Firemen and Oilers, the IAM, and the Operating Engineers, respectively, may properly constitute sepa- rate bargaining units or may be merged in a single unit of produc- tion and maintenance employees.3 In this situation, we shall permit the scope of the bargaining unit or units to be determined, in part, by the results of separate elections among the several groups, represented by the three unions aforesaid and comprising substantially the same classifications considered by the Board in its earlier Decision regard- ing the Melrose Park plant. With respect to the appropriateness of a unit consisting of outside drivers, claimed by the Teamsters as constituting a separate craft, it appears that none of the unions involved other than the Teamsters de- sire to represent outside truck drivers as distinguished from other truck drivers whose duties are mainly confined to the operation of 'trucks within the grounds surrounding the plant herein concerned. So far as the Employer is concerned, its original position taken at the hearing was in opposition to a separate unit for outside truck drivers upon the ground that a unit thus established would be too small for all practical purposes of collective bargaining. Although the record discloses that there are only two employees who may be considered as within the category of outside truck drivers, we are of the opinion, under the circumstances, that the purposes of the Act will be best effectuated by the recognition of a separate unit for outside truck drivers in accord- ance with our usual policy in regard to employees of this type .4 We find that all outside truck drivers employed by the Employer at its Melrose Park plant, excluding all other employees in the trucking department, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. There remains for consideration the question as to whether any election should be directed at this time because the number of pro- duction and maintenance employees employed at the date of the hear- ing at the Melrose Park plant was only 1045 or approximately one- fourth of the anticipated full employment in the production and main- tenance group expected to result from the Employer's present plans for expansion. The A. F. of L. contends that, in view of the expanding character of the Employer's operations, no election should be directed for any employees other than those sought to be represented by the craft labor organization herein concerned, and that the petition for 8 See Matter of Kaiser Industries, 61 N L . R B 682 ; Matter of Doughnut Corporation of America, 66 N. L R B. 1231. 4 See Matter of Gulf Refining Company, 66 N. L. R. B. 142 ; Matter of John Morrell & Company, 69 N. L R. B 1446 394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD investigation and certification of representative's should in all other respects be dismissed. The Petitioner, on the other hand, argues that the present force of production and maintenance employees at the Melrose Park plant constitutes a substantial and representative group and that the Board should therefore direct an election upon the basis of past practice under such circumstances. The record discloses that the Employer's plans call for an ultimate expansion to approximately 4200 production and maintenance em- ployees. However, although the Employer gave a definite estimate of June 1947 as the date upon which it expected that its expansion would be completed, it appears that, clue to difficulties in obtaining new ma- chinery and equipment, there is considerable uncertainty as to when the Employer's physical arrangements for its expansion, including the addition of 8 new departments, may be ready and available for use in furtherance of its planned expansion. In view of the uncertainty as to when its contemplated expansion will occur and in consideration of the fact that its current personnel constitutes a substantial and repre- sentative group, we shall adhere to our usual policy in such cases of directing immediate elections.' We shall, however, entertain a new petition for an investigation and certification of representatives affecting the employees involved herein within less than a year, but not before the expiration of 6 months from the date of any certification we may issue in the instant proceed- ing upon presentation of the requisite proof prescribed in the _<llumi- ,mmn Company case.6 - We shall direct that the question concerning representation which has arisen be resolved by separate elections by secret ballot among the employees in the unit hereinabove found appropriate and within the voting groups described below, excluding therefrom all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action : 1. All firemen, oilers, boilerwashers, water tenders, coal passers, ash handlers, engine and boiler room helpers, and water treatment men, employed by the Employer at its Melrose Park plant, excluding clerical employees; 2. All employees in the toolroom and machine repair departments employed by the Employer at its Melrose Park plant, excluding office and clerical employees, employees in the garage repair shop, and em- ployees in the machine repair department engaged in industrial truck repairs ; " See Matter of Salisbury Axle Division, Spicer Manufacturing Corporation , 69 N L R. B. 658, and cases cited therein. 6 See Matter of Aluminum Company of America, 52 N. L. R B 1040. INTERNATIONAL HARVESTER COMPANY 395 3. All operating engineers employed by the Employer at its Melrose Park plant, including heat and ventilating control men, heat and ven- tilating repair men, and assistant foremen, but excluding the chief engineer in the power house ; 4. All remaining production and maintenance employees employed by the Employer at its Melrose Park plant, excluding clerical em- ployees. As regards the type of unit through which the employees involved in the foregoing voting groups may ultimately bargain with the Em- ployer, there will be no final determination of the appropriate unit or units other than the unit of outside truck drivers hereinabove found appropriate, pending the results of these elections. This determina- tion will, in part, depend upon the choice made by the employees eligible to participate in such elections. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with International Harvester Com- pany, Melrose Park, Illinois, elections by secret ballot shall be con- ducted 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sec- tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among those employees who fall within the appropriate unit and voting groups indicated below and who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill of on vacation 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections: (1) The employees in the appropriate unit described in Section IV, above, to determine whether or not they desire to be represented by Local 782, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, for the purposes of collective bargaining ; (2) The employees in the first voting group described in Section IV, above, to determine whether they desire to be represented by Local 7, International Brotherhood of Firemen and Oilers, Maintenance Laborers and Helpers, or by United Automobile, Aircraft & Agri- cultural Implement Workers of America (UAW-CIO), or by United 396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Farm Equipment and Metal Workers of America, CIO, for the pur- poses of collective bargaining, or by none of these organizations; (3) The employees in the second voting group described in Section IV, above, to determine whether they desire to be represented by Die and Toolmakers Lodge 113, International Association of Machinists, or by United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-CIO), or by United Farm Equipment and Metal Workers of America, CIO, for the purposes of collective bargaining, or by none of these organizations; (4) The employees in the third voting group described in Section IV, above, to determine whether they desire to be represented by Local 399, International Union of Operating Engineers, or by United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-CIO), or by United,Farm Equipment and Metal Workers of America; CIO, for the purposes of collective bargaining, or by none of these organizations; (5) The employees in the fourth voting group described in Section IV, above, to determine whether they desire to be represented by United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-CIO), or by United Farm Equipment and Metal Workers of America, CIO, for the purposes of collective bargaining, or by neither.' CHAIRMAN HrRZOC took no part in the consideration of the above Decision and Direction of Elections. The A. F. of L. is not accorded a place on the ballot since it- has presented no evidence of representation with respect to the residual group. of production and maintenance em- ployees. See Matter of Chicago Flexible Shaft Company, 60 N. L R . B. 848.