La Plant-Choate Manufacturing Co., Inc.

In the Matter of LA PLANT-CHOATE MANUFACTURING CO., INC. and UNITED FARM EQUIPMENT WORKERS ORGANIZING COMMITTEE, LOCAL 116, AFFILIATED WITH THE C. I. O. Case No: R-0229.-Decided January 16, 1941 Jurisdiction : dirt-moving appliance manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord recognition to union ; contracts no bar to determination of ques- tion concerning representation when it has been in operation for longer than its original period of 1 year and is now terminable by either party upon notice; prior certification in effect for over a period of 1 year, no bar to ; election necessary. Unit Appropriate for Collective Bargaining : production, maintenance, and service employees, excluding supervisory and clerical, employees, engineering personnel and dispatch clerks ; agreement as to. Mr. V. C. Shuttleworth and Mr. T. M. Ingersoll, of Cedar Rapids, Iowa, for the Company. Mr. Ben Meyers, of Chicago, Ill., for the United. Mr. J. E. Stewart, of Cedar Rapids, Iowa, for the I. A. M. Mr: Raymond J. Compton, of counsel to the Board. DECISION AND DIRECTION.OF ELECTION STATEMENT OF THE CASE - On October 19, 1940, United Farm Equipment Workers Organizing Committee, Local 116, herein called the United, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) a peti- tion alleging that a question affecting commerce had arisen concerning the representation of employees of La Plant-Choate Manufacturing Co., Inc., Cedar Rapids, Iowa, herein called the Company, and request- ing 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 December 9, 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 authorized the Regional Director to conduct it and to provide for 29 N. L. R. B., No. 7. 40 LA PLANT-CHOATE MANUFACTURING CO., INC. 41 an appropriate hearing upon due notice. On December 13, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the United, and upon International Association of Machinists, Harmony Lodge No. 831, herein called the I. A. Al., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on December 20, 1940, at Cedar Rapids, Iowa, before Lee Loevinger, the Trial Examiner duly designated by the Board. The Company and the United were repre- sented by counsel, and the I. A. M. by its representative; and all par- ticipated in the hearing. Full opportunity 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 com- mitted. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY La Plant-Choate Manufacturing Co., Inc., is a Delaware corpora- tion having its plant and principal place of business in Cedar Rapids, Iowa. It is engaged in the manufacture and sale of tractor-drawn dirt moving equipment, and is the second largest establishment in the industry. Over 65 percent of the materials used by the Company in its operations, consisting principally of raw steel, and castings, are shipped to its plant from outside the State of Iowa, and approxi- mately 90 percent of its finished products, which for the year ending July 1, 1940, had a value of over $1,500,000, are shipped to points out- side of Iowa, one-third of the total output going to foreign countries. The Company distributes its products through sales agents located throughout the United States and has 11 direct sales representatives whose territory covers the United States and South America. The Company employs approximately 400 production and maintenance workers. IT. THE ORGANIZATIONS INVOLVED United Farm Equipment Workers Organizing' Committee, Local 116, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to its membership production and mainte- nance employees of the Company. 42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD International Association of Machinists, Harmony Lodge No. 831, is a labor organization affiliated with the American Federation of Labor, admitting to its membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 28, 1939, the Board directed that an election be held among the employees of the Company. In this election there appeared upon the ballot the names of the United, which had filed the petition, and the I. A. Al. Upon the basis of the results of this election the Board, on September 19,1939, certified the I. A. Al. as the exclusive representa- tive of the production, maintenance, and service employees of the Company, excluding supervisory and clerical employees, and engi- neering personnel, for the purposes of collective bargainin (r.2 Off November 29, 1939, the I. A. Al. entered into an exclusive bargaining contract with the Company to be effective for a period of 1 year, and thereafter until terminated by either party upon 30 days' written notice. On October 14, 1940, over a month prior to the terminable date of the contract between the Company and the I. A. Al., the United addressed a letter to the Company in which it requested an appoint- ment for the purpose of collective bargaining as the sole bargaining representative of the Company's employees. The Company refused to bargain with the United on the grounds that the Board had certified the I. A. Al. and that there was in existence a valid contract between the Company and the I. A. Al. At the hearing there was introduced in evidence a statement by a field examiner for the Board showing that the United and the I. A. M. each represent a substantial number of employees within the unit hereinafter found to be appropriate. 'Matter of La Plant-Choate Manufacturing Co, Inc, and United Farm Equipment Woihers Organizing Committee, Local 116, affiliated vith the C. 1 0, 13 N L R B. 1228. 2 Id, 15 N L. R B. 485 8 The statement showed that the United had submitted to the field examiner 161 authori- zation cards, of which 148 were dated during October and 13 dated during November 1940. One hundred and forty-nine of the one hundred and sixty-one authorizations appeared to bear genuine signatures of employees in the appropriate unit. At the hearing, the United offered for examination by the Trial Examiner 41 additional authorization cards which it claimed were unavailable at the time the field examiner conducted his investigation. The Trial Examiner did not verify the signatures on these cai ds and they were not introduced in evidence The president of the United testified, however, that the United had 202 members According to the above statement, the I A. M. submitted 57 authorization cards, 4 membership application cards, and its membership roster and dues record containing 11 names not among those affixed to either the authorization or application cards The au- thorization cards were dated during November 1940, the application cards between March 15 and July 14, 1940, and the 11 persons listed on the membership roster had last paid dues between January and September 1940. All of the 61 authorization and application cards appeared to bear genuine signatures of employees in the appropriate unit. There are approximately 400 persons in the unit hereinafter found appropriate. LA PLANT-CHOATE MANUFACTURING CO., INC. 43 Since the contract of November 29, 1939, has been in operation for longer than its original period of 1 year and is now terminable by either party upon notice, it constitutes no bar to our determination of the question concerning representation here presented.4 Nor does the Board's certification of the I. A. M. on September 19, 1939, now preclude such a determination.5 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- inerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the parties stipulated that the appropriate unit should consist of the production, maintenance, and service employees of the Company, excluding supervisory and clerical employees, engineering personnel and dispatch clerks. This is the unit which we found appropriate in our Decision and Direction of Election of July 28, 1939, and we see no reason for altering it.e We therefore find that the production, maintenance, and service employees of the Company, excluding supervisory and clerical em- ployees, engineering personnel and dispatch clerks, constitute a unit appropriate 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 otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company within the unit we have 'Matter of Columbia Broadcasting System, Inc and American Coniinunications Associa- tion, 8 N. L. R. B. 508; Matter of Todd-Johnson Dry Docls Inc and Industrial Union of Marine and Shipbuilding Workers of America, Local No. 29, 10 N L R. B. 629; Matter of M & J. Tracy, Inc. and Inland Boatmen's Union, 12 N L R. B 936. 6 Matter of Minneapolis-Moline Power Implement Company and International Association of Machinists, Local #1037, by District Lodge 77 (A. F of L ), 14 N. L R. B. 920; Matter of Wilson & Co , Inc. and International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Local #202, affiliated with the A. F of L, 25 N. L R B 938. O While dispatch clerks were not specifically mentioned in the definition of the unit we found to be appropriate in our prior Decision and Direction of Election , we there excluded them as coming within the general category of clerical employees. 44 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD found to be appropriate can best be resolved by an election by secret ballot. The I. A. M. requested that a current pay roll' be used as the basis for determining eligibility to vote, whereas the United re- quested that the pay-roll period immediately preceding October 18, 1940, be determinative, since its alleged majority membership was obtained just prior to that date. We do not feel that the position taken by the United should cause us to depart from our usual prac- tice. Accordingly, we shall direct that the employees of the Com- pany eligible to vote in the election shall be those within the appro- priate unit who were employed during the pay-roll period immediately preceding the date of the 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 who shall have since quit or been discharged for cause. Upon the basis of the above findings 'of fact and upon 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 La Plant-Choate Manufacturing Co., Inc., Cedar Rapids, Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production, maintenance, and service employees of the Company, excluding supervisory and clerical employees, engineer- ing personnel and dispatch clerks, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Relations Act. 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, 49 Stat: 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRrcmn that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with La Plant-Choate Manufacturing Co., Inc., Cedar Rapids, Iowa, 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 Eighteenth Region, acting in this matter as agent for the Na-, tional Labor Relations Board and subject to Article III, Section 9, LA PLANT-CHOATE MANUFACTURING Co., INC. - 45 of said Rules and Regulations, among the production, maintenance, and service employees of the Company who were employed by the Company during the pay-roll period immediately preceding the date of this Direction of Election, 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, and excluding supervisory and clerical employees, engineering per- sonnel and dispatch clerks, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining by United Farm Equipment Workers Organizing Committee, Local 116, affiliated with the C. I. 0., or by International Association of Machinists, Harmony Lodge No. 831, or by neither. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election.