J. I. Case Co.

In the Matter of J. I. CASE COMPANY and PATTERN MAKERS LEAGUE OF NORTH AMERICA AND PATTERN MAKERS ASSOCIATION OF QUAD CITIES AND VICINITY, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1858.-Decided June 12, 1940 Farm Machine and Implements Manufacturing Industrg-Investigation of Representatives : controversy concerning representation of employees : refusal by employer to recognize union as exclusive representative-Individual Con- tracts: held no bar to proceeding - Unit Appropriate for Collective Bargaining: all pattern makers and pattern makers ' apprentices ; no contest-Election Ordered Mr. Charles F. McErlean, for the Board. Mr. Clark M. Robertson, of Milwaukee, Wis., for the Company. Mr. Roy E. Rogers, of Hammond, Ind., for the Pattern Makers. Mr. Emil Costello and Mr. Victor ,Roose, of Moline, Ill., for the Committee. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 19, 1940, Pattern Makers League of North America and Pattern Makers Association of Quad Cities and Vicinity, herein called the Pattern Makers, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of J. I. Case Company, Rock Island, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 13, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and 24 N. L. R. B., No. 59. 606 J. I. CASE COMPANY 607 authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 15, 1940, the Regional Director issued a notice of hearing,, copies of which were duly served upon the Company, the Pattern Makers, and upon Farm Equipment Workers Organizing Committee, herein called the Committee. Pursuant to the notice, a hearing was held on May 27, 1940, at Rock Island, Illinois, before Garnet L. Patterson, the Trial Examiner duly designated by the Board. The Board, the Company, the Pattern Makers, and the Committee were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY J. I. Case Company, a Wisconsin corporation, operates a plant at Rock Island, Illinois, where it, is engaged in the business of manu- facturing farm machinery and implements. Raw materials valued at approximately $1,000,000 were used in the manufacturing processes carried on by the Company at its Rock Island plant during 1939, approximately 80 per cent of which were shipped to it from points outside the State of Illinois. During the same period, the Company sold products valued in excess of $2,000,000, of which approximately 80 per cent were shipped to points outside the State of Illinois. If. THE ORGANIZATIONS INVOLVED Pattern Makers League of North America and Pattern Makers Association of Quad Cities and Vicinity are labor organizations affili- ated with the American Federation of Labor, admitting to member- ship the pattern makers and pattern makers' apprentices at the Company's Rock Island plant. Farm Equipment Workers Organizing Committee is a labor or- ganization affiliated with the Congress of Industrial Organizations. It admits to membership production employees at the Company's Rock Island plant, excluding pattern makers and pattern makers' apprentices. 608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On January 9, 1940, the Pattern Makers, claiming to represent a majority of the pattern makers and pattern makers' apprentices in the Company's Rock Island plant, requested the Company to bargain with it as the exclusive representative of these employees. On April 11, 1940, the Company stated that it had individual contracts with its pattern makers and pattern makers' apprentices which would not expire until October 31, 1940, and that it had doubts as to the appro- priateness of the unit urged by the Pattern Makers. The Company maintains that the individual contracts mentioned above constitute a bar to a present determination of representatives. The fact that an employee signs an individual contract of employ- ment cannot be held to reflect the desires of such employee regarding representation and does not constitute any bar to collective bar- gaining on his behalf.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Pattern Makers urges that all pattern makers and pattern makers' apprentices in the Rock Island plant of the Company con- stitute a unit appropriate for the purposes of collective bargaining. The Committee stated that it did not claim to represent any of the employees claimed by the Pattern Makers and that it did not oppose the unit desired by it. The Company did not state any position with reference to the appropriate unit. We see no reason for not finding the craft unit urged by the Pattern Makers appropriate. We find that all pattern makers and pattern makers' apprentices in the Rock Island plant of the Company constitute a unit appro- ' See Matter of The Gates Rubber Company and Denver Printing Pressmen and As- sistants Union No. 40 and Denver Typographical Union No. 49, 8 N. L. R. B. 303; Matter of Norman H. Stone, Marvin H. Stone, and Jerome H. Stone, Jr., doing business as J. H. Stone & Sons and International Printing Pressmen and Assistants' Union, Boa, and Carton Local # 415, 22 N. L. R. B. 850. J. I. CASE COMPANY 609 priate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and other- wise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company introduced in evidence a. list of pattern makers and pattern makers' apprentices employed during the period from Jan- uary 1 to May'22, 1940. This list shows that the Company at present employs six employees in the appropriate unit. In support of its claim to majority representation, the Pattern Makers produced appli- cations for membership in the Pattern Makers signed by five of the six employees in the appropriate unit. The Company objected to these applications serving as a basis for the certification of the Pattern Makers without an election. Under these circumstances, we believe that the question concerning representation can best be resolved by means of an election by secret ballot.2 We shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were em- ployed during the pay-roll period immediately preceding the date of our Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those employees who have since quit or been discharged for cause. Upon the basis of the above findings of fact and the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of J. I. Case Company, Rock Island, Illi- nois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All pattern makers and pattern makers' apprentices in the Rock Island plant of the Company constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2 See Matter of Armour d Company and United Packinghouse Workers, Local Indu3trial Union No. 13 of Packinghonse Workers Organii.zng Committee, affiliated with C. I. 0., 13 N. L. R. B. 567. 610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 authorized by the Board to ascertain representatives for the purposes of collective bargain- ing with J. I. Case Company, Rock Island, 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 National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all the pattern makers and pattern makers' apprentices in the Rock Island plant of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation and em- ployees who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Pattern Makers League of North America and Pattern Makers Association of Quad Cities and Vicinity, affiliated with the American Federation of Labor, for the purposes of collective bargaining. .