International Harvester Co.

750 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD those- of the production and maintenance employees and shall include him in the unit. Upon the entire record in -this. case, we find that the following unit is appropriate - for the. purposes of collective bargaining within the meaning of Section 9 (b) of the Act - All production andmaintenance employees at the Employer's She17 byville, Tennessee, plant, including the cloth grader and chief inspecr tor, laboratory testers, the testing and clerical employee, supply -clerks, timekeepers, receiving -clerks, trainees, the recreation building attendant, and the janitor-plants=messenger, but excluding `tile 6ffice clerical employees, professional employees, village crew leader, con- struction laborers-temporary, guards, watchmen, and-supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] CrrAIlu AN FARMER took no part in the consideration of the above Decision and Direction of Election. - 6 Grand River Chemical Division of Deere & eomrpany, 111 NLRB 770. International Harvester Company (Broadview Parts Depot) ,and `UAW-AFL, Amalgamated Local No. 286, and International Union of Operating Engineers, Local No. 399, Affiliated ' with The American Federation of Labor, Petitioners. Cases 1Vas. 13-RC-4357 and 13-RC-4381. August 16, 1955 DECISION AND DIRECTION OF ELECTIONS ,Upon separate petitions duly filed under Section 9.'(c) of:the-tlNa-< tional Labor Relations" Act, a consolidated hearing was held before Jewel G. Maher, hearing officer. The ,hearing off'icer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in these cases, the Board finds: - 1,, The Employer is engaged-in commerce within the meaning•of the Act. - 2.: The labor- organizations -involved. claim to represent certain em- ployees of the Employer.' I 3. -The Grain Millers, at the hearing, moved to dismiss the petitions on the ground that its current contract covering the employees inf- volved bars an election at this time. This contract is effective from September 25, 1952, to August-23, 1955, and thereafter from year16 ithe following labor organizations ,were 'permitted to intervene at the , hearing : Local 179, American Federation of Grain Millers ,- AFL, -herein -called-the-Grain Millers, "and International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, CIO, herein called the CIO. 113 NLRB No. 79. INTERNATIONAL HARVESTER COMPANY - 751 year unless either party gives at least 60 days' notice in writing prior to. August 23, 1955, or any subsequent renewal date, of a desire to modify or terminate the contract. As the, petitions herein were filed on, May 2 and 12,- 1955, respectively, timely with respect to the Mill B date, they were timely,filed and the contract is not a bar 2 Accordingly, the, motion to dismiss is denied. - We find,therefore that questions af- fecting commerce exist concerning the representation of employees of the Employer within the meaning of. Section 9 (c) (1) and Section 2 (6) and (7) of the Act. . ; 4. The Petitioner in Case No. 13-RC-4381, herein called the Op- erating Engineers, seeks to sever-all hourly rated boilerroom utility men at the Employer's Broadview Parts Depot, Broadview, Illinois,' from the existing unit of-all hourly rated -warehouse and maintenance employees. The Petitioner in Case No. 13-RC-4357, herein called Local No. 286, seeks to represent all hourly rated warehouse and main- tenance employees excluding among others, the boilerroom utility men. The-parties. stipulated that ,these; two groups of employees could con- stitute appropriate units, although they have been represented by the Grain Millers in a single unit since at least 1952. All parties agreed to the composition of the units as amended at the hearing. The, employees sought in Case No. 13-RC-4381 comprise a typical boilerroom or powerhouse unit., Inasmuch as-boilerroom employees constitute an appropriate departmental unit, and as they are here requested by a union which historically and traditionally represents them, we find that the boilerroom utility men may constitute an ap- propriate unit if they so desire.' We shall therefore direct elections in the following voting groups of employees at the Employer's Broad- view Parts Depot, Broadview; Illinois : (1) All hourly rated boilerroom utility men, excluding all other employees.- - , (2) All hourly rated warehouse and maintenance employees, in- cluding working leaders and parts depot janitors, but excluding em- ployees in group (1), all hourly rated warehouse and maintenance employees in the Transfer, Motor Truck Assembly and Handling, and McCormick Works Strut units at Broadview,4 office clerical , em- ployees, guards, professional employees, and supervisors as defined in,the Act. If a majority of the employees in voting group (1) select the Op- erating Engineers, those employees will be taken to have indicated their desire to constitute a separate bargaining unit and the Regional Director conducting the election is instructed to issue a certification of representatives to the Operating Engineers for such unit, which ' See Mall B, Inc., 40 NLRB 346. - - American Potash & Chemical Corporation , 107 NLRB 1418, at 1425.. ' The employees in these excluded units are currently separately represented. 752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Board, in such circumstances, finds to be appropriate for purposes of collective bargaining. In that ' case, the Regional Director con- ducting the election is instructed to issue a certification of representa- tives to the labor organization•selected by a majority of the%employees in voting group (2), which the Board in such circumstances, finds to be a unit appropriate for the purposes of collective bargaining. How- ever, if a'majokity•of the employees'in voting group (1) do not vote for the Operating Engineers, they-will be included in the warehouse and maintenance unit and their votes shall be pooled with those vot- ing in group (2),5 and the Regional Director conducting the elec- tion is instructed to issue a' certification of representatives to the labor organization selected by a majority of the employees: in the pooled group, which the Board, in such circumstances, finds to be a single unit appropriate for purposes of collective bargaining. [Text of Direction of Elections omitted from publication.] CHAIRMAN FARMER took f no part in the. consideration of the; above Decision and Direction of Elections. 6 If the votes are pooled , they are to be tallied . in the following manner : The votes for the Operating Engineers shall be counted as valid votes, but neither for nor against any union seeking to represent the more comprehensive unit ; all other votes are to be ac- corded their face value, whether for representation by'a union seeking the comprehensive group or for no union. Wagner Iron Works and International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, U.A.W.-C.I.O., Petitioner. Case No. 13-RC-2021. August 16, 1955 DECISION AND ORDER The petition herein was filed on May 31, 1951, and a hearing on the petition was held on June 25, 1951. However, unwaived unfair labor practice charges filed by the Employer against the Petitioner in Case No. 13-CB-148 have precluded the issuance of any decision here. In view of the fact that more than 4 years have elapsed since the petition was filed and the hearing was held, and the fact that some of the issues such as contract bar and expanding unit are now stale, we are of the opinion that no useful purpose would be served by proceeding on this petition. Accordingly, we shall dismiss the peti- tion, but without prejudice to the filing of a new petition.' [The Board dismissed the petition without prejudice to filing of new petition.] ; i Cf. The May Department Stores Company, d/b/a Famous Barr Company, 77 NLRB 349. 113 NLRB No. 81.