Borg-Warner Corp.

In the Matter Of INGERSOLL STEEL & DISC DIVISION OF BORG -WARNER CORP. and FARM EQUIPMENT WORKERS ORGANIZING COMMITTEE, AFFILIATED 'WITH THE C. I. O. Case No. R-4024.-Decided August 25, 1942 Jurisdiction : metal products manufacturing industry. Investigation and Certification of Representatives : existence of question:, re- fusal to accord petitioner recognition ; contract automatically renewed after notice of rival claim of representation held no bar ; election necessary. Unit Appropriate for Collective Bargaining : all employees at one of Company's plants, excluding draftsmen, technical engineers, nurses, and clerical and super- visory employees. - Mr. Robert E. Dickman, attorney for the Board. Pope c Ballard, by Mr. Owen Fairweather, of Chicago, Ill., for the Company. Meyers cfi Meyers, by Mr. Ben Meyers, of Chicago, Ill.,,for the C. 1. 0. Mr. Paul R. Hutchings and Mr. J. W. Ramsey, of Washington, D. C., Mr. John Grzenia, Mr. A. J. Eberhardy and Mr. James McDonald, of Chicago, Ill., for the A. F. of L. - Mr. J. Benson Saks, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Farm Equipment Workers Organizing Committee, affiliated with the C. I. 0., herein called the C. I. O., , alleging that a question` affecting commerce had arisen concerning the representation of employees of Ingersoll Steel & Disc Division, Borg- Warner Corporation (Chicago Works), Chicago, Illinois,' herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Edward G. Smith, Trial Examiner. Said hearing was held at Chicago, Illinois, from July 'At the hearing all parties agreed that the correct name of the Company for the pur poses of this proceeding is Ingersoll Steel & Disc Division, Borg-Warner Corporation, (Chicago Works). 43 N L R B No. 93 646 BORG-WARNER CORP: 647 2 to July 6, 1942, inclusive. The Company, the C. I. 0., and Metal Trades Department, American Federation of Labor, 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 on the issues. The A. F. of L. moved to dismiss the petition. The Trial Examiner reserved ruling on the motion., The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entii e record in the case, the Board makes the following:, FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Borg=Warner Corporation is an Illinois corporation-having its prin- cipal offices at Chicago, Illinois. Ingersoll Steel & Disc Division, Borg- Warner Corporation, a subdivision of Borg-Warner Corporation, operates several plants, that known as the Chicago Works being'the only plant involved in this proceeding. At the Chicago Works the Company manufactures electrical implement discs, automobile and truck parts, washing machine tubs, beer barrels, furnace parts, metal sun screens, and miscellaneous stampings. During 1941 the Chicago Works purchased raw.materials amounting to more than $1,500,000 in value. Approximately 80 percent of these raw materials was-shipped to the Chicago Works from points outside the State of Illinois. During the same year the value of finished products manufactured at the Chicago Works was in excess of $5,000,000, more than 85 percent of which represented shipments to points outside the State of Illinois. II. THE ORGANIZATIONS INVOLVED Farm Equipment Workers Organizing Committee is a labor organi- zation affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. Metal Trades Department, American Federation of Labor, is a labor organization affiliated* with the American Federation ' of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 10, 1942, a representative of the C. I. O. telephoned to the Company's plant manager and requested recognition for the C. I. O. The request was refused.2 Two days later, the Company replied by 2On June 11 , 1942, the C. I. 0 filed its petition with the Board . 'The petition was notarized as of June 9, 1942, and stated The Union requested the Company to recognize it as a sole and exclusive collective bargaining representative for the above -described 648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD. letter to the C. I. O. stating that its refusal was based on the fact that the Board had previously certified the A. F: of L. - On June 10, 1941, the Board certified the Metal Trades Department of the A. F. of L. as the exclusive representative of "all employees of, the Company at its Chicago' plant, excluding draftsmen, technical engineers, nurses, clerical and supervisory employees." 3 Subsequent to this certification, on July 11, 1941, a • contract was entered, into between the Company and the A. F. of L. The contract was to con- tinue for a year and was then automatically to be renewed, unless either party indicated in writing 30' days prior to the expiration, date that it desired to change the said contract. On June 8, 1942, the A. F. of L. expressed a desire in writing to continue the contract and asked for a conference with the Company. On June 10, 1942, the Company granted the request for a conference and, on June 17, 1942, the Company and the A. F. of L. negotiated a change in wage rates. The Company considers the contract, by virtue of the automatic renewal clause contained therein, as having been renewed until July 11, 1943, and it contends, therefore, that the contract as so extended is a bar to the instant proceeding. The A. F. of L. argues that the contract was renewed by virtue of its letter to the Company of June 8, 1942, noted above, and the response thereto .by the Company on June 10, 1942. Accordingly, the A. F. of L. also asserts the,contract as a bar to this proceeding. - It is clear, however, that even if the contract were deemed to be renewed by its terms, such renewal was affected after notice to the Company of the C. I. O.'s claim, such notice having been given prior to the commencement of the 30-day, period provided for in the con- tract.4 Under the circumstances, we do not consider the contract as a bar to the instant proceeding. A report of the Regional Director, introduced in evidence at the hearing, shows that the C. I. O. represents `a substantial number of union but the Company refused " The A. F. of L. argued at the hearing that on June 9 there had as yet been no refusal by the Company. Subsequent to the above-mentioned telephone conservation the C. I. O. completed its petition and notarized it so that in fact the notarization took place on the 10th and not on the 9th, the latter date appearing on the petition as an apparent typographical error. In any event, we find the A. F. of L.'s contention to be, Immaterial, since a question concerning representation clearly existed on June 12 3 32,N L R B. 503 4Matter of Weyerhaeuser Timber, Company, Klamath Falls Branch and Lumber and Sawmill Workers Union, Local No 3026, A. F. L, 42 N L R B. 499; Matter of The American Oak Leather Company, 11,01 Dalton St., Cincinnati, Ohio and The Interna- tional'Pur & Leather Workers Union, Local 214, a//'Cliated with the Congress of Industrial Organizations, 31 N. L R. B. 1155; Matter of Pressed Steel Car Company, Inc, and Steel Workers Organizing Committee, 41 N. L R. B 1 ; Cf Matter of Mill B Inc. and International Woodworkers of America, 40 N. L. R. B. 346. r BORG-WARNER CORP. 649 employees in the unit hereinafter found appropriate.,' The parties stipulated that the A. F. of L. also represented a substantial number of employees in such unit. 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 Rela- tions Act. IV. THE APPROPRIATE UNIT We find, in accordance with the stipulation of the parties, that all employees of the Company at its Chicago plant, excluding draftsmen, technical engineers, nurses, and clerical and supervisory employees, constitute a-unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Relations Act, and pursuant to Article III, Section 8, 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 Ingersoll Steel & Disc Division, Borg-Warner Corporation (Chicago Works), Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the Na- tional Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay- 5 The Regional Director's statement shows that the C. I. 0 submitted 31 petitions containing 367 apparently genuine signatures , that 359 of these signatures were names appearing on the Company' s pay roll of June 13, 1942, and that such pay roll contained the names of 809 persons within the appropriate unit. During the hearing the .C. I. 0. submitted to the Trial Examiner the membership cards of 8 additional persons, 5 of which were dated in June 1942, and 3 of which were undated . Also, 4 additional petitions containing 19 signatures were submitted during the hearing. 650 DECISIONS OF• NATIONAL 'LABOR RELATIONS BOARD roll period immediately preceding the date of this Direction , including .any such employees who did not work during said pay-roll period because they were ill or 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 Farm Equipment Workers Organizing Committee , affiliated with the Congress of Industrial Or- ganizations , or by Metal Trades Department , American Federation of Labor, for the purpose of collective bargaining, or by neither. CHAIRMAN MILLIS took no part ,in the consideration of the above Decision and Direction of Election.