International Harvester Co.

In the Matter Of INTERNATIONAL HARVESTER COMPANY, PITTSBURGH TRUCK BRANCH and TAXICAB DRIVERS AND GARAGE EMPLOYEES, LOCAL UNION No. 128, AFFILIATED WITH THE A. F. OF L. In the Matter Of INTERNATIONAL HARVESTER COMPANY and I. H. C. EMPLOYEES' INDEPENDENT UNION Cases Nos. R-2197 and B-2498.-Decided May 9, 1941 Investigation and Certification of Representatives : stipulation for certification "upon consent election. Mr. Robert H. Kleeb, for the Board. Mr. M. J. McCahill, of Pittsburgh, Pa., for the Company. Mr. Daniel'DeGregory, of Pittsburgh, Pa., for Local 128. Mr. Alden E. Carson, of Pittsburgh, Pa., for the Independent. Mr. Harold Weston, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES' On February 14 and 24, 1941, respectively, Taxicab Drivers and Garage Employees, Local Union No. 128, affiliated with the American Federation of Labor, herein called Local 128, filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) a peti- tion and amended petition, and on February 25, 1941, I. H.'C:,Eth- ployees' Independent Union, herein called the Independent, filed 'a petition, with the 'Regional Director, each alleging that. a. question affecting commerce had arisen concerning, the representation of em= ployees of International Harvester Company, Pittsburgh,. Truck Branch, herein called the Company, engaged at Pittsburgh,' Pennsyl- vania, in' the sale and service of motor trucks and the sale of motor truck parts, 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 February 27, 1941, 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 31 N. L. R. B , No. 117. 700 INTERNATIONAL 'HARVESTER COMPANY 701 an appropriate hearing upon due notice, and, acting pursuant , to Article III,•Section 10 (c) (2), of the said Rules and Regulations, ordered -that the two cases be consolidated. On March 8, 1941, the Company, Local 128, the Independent, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." - , Pursuant to the stipulation, elections by secret ballot were con- ducted on March 21, 1941, under the direction and supervision of the Regional Director, among employees within the following two units, hereinafter called, respectively, Units I and II : 'I. All, the mechanics and mechanics' helpers at the Company's Pittsburgh Truck Branch, excluding supervisory employees, clerical' workers, and salesmen, to determine whether or not said employees desire to be represented by the Independent. - II. All the warehousemen, automotive parts men, watchmen, and janitors at the Company's Pittsburgh Truck Branch, excluding mechanics, mechanics' helpers, supervisory employees,- clerical workers, and salesmen, to determine whether they desire to be rep- resented by the Independent, Local 128, or neither. ' On April 16, 1941, the Regional Director issued and duly served upon the parties his Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have. been filed by any of the parties. ' • In his Election Report, the Regional Director reported as -follows- concerning the ballot and its results:' ' Unit I: - ' • Total eligible to vote__________________________________ 29 Total number of ballots cast ------------- '--------------- 27 Total number of ballots cast in favor of I. H C. Em- ployees" Independent Union --------------------------- 27 Total number of ballots cast against I. H. C. Employees' Independent Union ---------------------------------- 0 Total number of blank ballots__________________________ Total number of void ballots`_________ Total number of challenged ballots________________ Unit II: 0 Total eligible to vote__________________________________' 22, Total number of ballots cast______________ - ,1s ' - Total number of ballots cast for I. H. C. Employees , Independent Union__________________________________ Total number of ballots cast for Taxicab Drivers and Garage Employees, Local Union No. 128, affiliated with the A: F. of L------=--"---------------------------- Total number of ballots cast for -Neither organization__ - Total,number of blank ballots_________________________ 11 Total number of ,void ballots______________________ " • '0 Total number of challenged ballots_______________ 0 "102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the basis of the stipulation, the Election Report, and the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of employees of International Harvester Company, Pitts- burgh Truck Branch, Pittsburgh, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All mechanics and mechanics' helpers employed by the Company at its Pittsburgh Truck Branch, excluding supervisory and clerical employees and salesmen, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9. (b) of the National Labor Relations Act. 3. All warehousemen, automotive parts men, watchmen, and jani- tors employed by the Company at its Pittsburgh Truck Branch, excluding mechanics, mechanics' helpers, supervisory and clerical employees, and salesmen, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 4. I. H. C. Employees' Independent Union has been designated and selected by a majority of the employees in the above units as their representative for the purposes of collective bargaining, and is the exclusive representative of all the employees in said units within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board, by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that I. H. C. Employees' Independent Union has been designated and selected by a majority of all mechanics and mechanics' helpers employed- by International Harvester Company at its Pittsburgh Truck Branch, Pittsburgh, Pennsylvania, excluding supervisory and clerical employees, and salesmen, as their representa- tive for the purposes of collective bargaining, and that pursuant to the provision of Section 9 (a) of the Act, I. H. C. Employees' Inde- pendent Union is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. INTERNATIONAL HARVESTER COMPANY 703 IT IS HEREBY CERTIFIED that I. H. C. Employees' Independent Union has been designated and selected by a majority of all warehousemen, automotive parts men, watchmen, and janitors employed by Inter- national Harvester Company at its Pittsburgh Truck Branch, Pitts- burgh, Pennsylvania, excluding mechanics, mechanics' helpers, super- visory and clerical employees, and salesmen, as their representative for the purposes of collective bargaining, and that pursuant to the provision of Section 9 (a) of the Act, I. H. C. Employees' Inde- pendent Union is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.