International Harvester Co.

In the Matter Of INTERNATIONAL HARVESTER COMPANY, DAVENPORT, IOWA TRUCK BRANCH and INTERNATIONAL ASSOCIATION OF MACHIN- ISTS, LOCAL UNION No. 388, AFFILIATED WITH THE A. F. OF L. Case No. R4700.-Decided July 15, 1941 Investigation and Certification of Representatives : stipulation for certification of representatives upon consent election. Mr. Robert R. Rissman and Mr. Clyde F. Waers, for the Board. Mr. C. E. Cheney, of Davenport, Iowa, and Mr. R. A. Robinson, of Chicago, Ill., for the Company. Mr. Earl P. Hogan, of Rock Island, Ill., for the Union. Miss Marcia Hertzirnark, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On May 28, 1941, International Association of Machinists, Local Union No. 388, herein called the Union, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) a petition, and on June 13, 1941, an amended petition, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of International Harvester Company, Davenport, Iowa Truck Branch, herein called the Company, engaged in the sale and service of motor trucks and the sale of motor-truck parts at Davenport, Iowa, 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 June 13, 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 an appropriate hearing upon due notice. On June 11, 1941, the Company, the Union, the Regional Director, and a field examiner for the Board entered into a "STIPU- LATION FOR CERTIFICATION UPON CONSENT ELEC- TION." 33 N. L. R. B., No. 84. 457 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the stipulation, an election by secret ballot was con- ducted on June 18, 1941, under the direction and supervision of the Regional Director among all mechanics, helpers, apprentices, assem- bling and handling helpers, and parts-department helpers, employed at the Davenport branch of the Company, excluding supervisory and clerical workers, to determine whether or not they desired to be represented by the Union. On June 23, 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 balloting and its results : Total on eligibility list_______________ _______________________ 16 Total ballots cast___________________________________________ 15 Total ballots challenged _____________________________________ 0 Total blank ballots------------------------------------------ 0 Total void ballots------------------------------------------- 0 Total valid votes cast ---------------------------- ------------- 15 Votes cast for International Association of Machinists, Local Union No. 388-------------------------------------------- 11 Votes cast against International Association of Machinists, Local Union No. 388-------------------------------------- 4 Upon, the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of International Harvester Company, Daven- port, Iowa Truck Branch, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All mechanics, helpers, apprentices, assembling and handling helpers, and parts-department helpers employed at the Davenport Truck Branch of the Company, exclusive of supervisory and clerical workers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. International Association of Machinists, Local Union No. 388, affiliated with the A. F. of L., has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all the employees in said unit within the meaning of Section 9 (a) of the National Labor Relations Act. INTERNATIONAL HARVESTER COMPANY 459 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 Relations Act, IT IS HERESY cExTiFIED that International Association of Machinists, Local Union No. 388, affiliated with the A. F. of L., has been designated and selected by a majority of the mechanics, helpers, apprentices, assembling and handling helpers, and parts-department helpers at the Davenport Truck Branch of the Company, excluding supervisory and clerical workers, as their representative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, International Association of Machinists, Local Union No. 388, affiliated with the A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.