Allis-Chalmers Manufacturing Co.Download PDFNational Labor Relations Board - Board DecisionsFeb 23, 194454 N.L.R.B. 1587 (N.L.R.B. 1944) Copy Citation In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY, SUPER- CHARGER WORKS , and INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL 125, A. F. L. In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY, SUPER- CHARGER WORKS, and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 10, A. F. L. Cases Nos. 13-R-2064 and 13-R-2101 respectively.-Decided February 23, 1944 Messrs. John L. Waddleton and William J. McGowan, of Milwau- kee, Wis., for the Company. Mr. Howard A. Plank, of Chicago, Ill., and Mr. Walter H. Schmidt, of Milwaukee, Wis., for the Firemen & Oilers. Messrs. George Gratz, David J. Tisher, and Claire N. Smith, of Milwaukee, Wis., for the I. A. M. Mr. W. O. Sonneinann, of Milwaukee, Wis., and Mr. Harold Chris- toffel, of West Allis, Wis., for the C. I. O. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions and amended petitions duly filed by International Brotherhood of Firemen & Oilers, Local 125, A. F. L., herein called the Firemen & Oilers, and International Association of Machinists, Dis- trict No. 10, A. F. L., herein called the I. A. M.,1 respectively, alleg- ing that questions affecting commerce had arisen concerning the Iepresentation of employees of the Supercharger Works of Allis- Chalmers Manufacturing Company, at Greenfield, Wisconsin, herein called the Company, the National Labor Relations Board consolidated 1 The I. A M. filed a written document in Case No 13-R--2064, in which it specifically waives any right to intervene and disclaims any interest in said proceeding . The Fire- men & Oilers filed a similar waiver and disclaimer of interest in Case No. 13-R-2101, These documents are incorporated in the record of these proceedings. 54 N L . R. B., No. 256. 1587 1588 DECISICNS OF NATIONAL LABOR RELATIONS BOARD the cases and provided for an appropriate hearing upon due notice before John R. Hill, Trial Examiner. Said hearing was held at Mil- waukee, Wisconsin, on December 21 and 22, 1943. The Company, the Firemen & Oilers, the I. A. M., and Local 248, United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. O., herein called the C. 1. 0., appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the issues, and to file briefs with the Board. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Allis-Chalmers Manufacturing Company is a Delaware corpora- tion which operates a number of manufacturing plants in several States of the United States. These proceedings concern- only the Company's operation at Greenfield, Wisconsin, known as the Super- charger Works, at which the Company is engaged in the manufacture of superchargers for airplanes. During the year 1943 the Company purchased for use at its Supercharger Works raw materials consisting of iron, steel, copper, and aluminum valued in excess of 1 million dollars, of which approximately 90 percent was shipped to the Com- pany from points outside the State of Wisconsin. During the same period the Company sold over 1 million dollars worth of finished products each month, all of which was shipped to points outside the State of Wisconsin. The Company admits that at its Supercharger Works it is engaged in commerce. within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Firemen & Oilers, Local 125, is a labor, organization affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. International Association of Machinists, District No. 10, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. Local 248, United Automobile, Aircraft & Agricultural Implement Workers of America, is a labor organization affiliated with the Con- gress of Industrial Organizations, admitting to membership em- ployees of the Company. I ALLIS-CHALMERS MANUFACTURING COMPANY 1589 III. THE QUESTIONS CONCERNING REPRESENTATION By letter dated September 22, 1943, the Firemen & Oilers requested the Company to recognize it as the exclusive bargaining representa- tive of the employees within an alleged appropriate bargaining unit. On or about September 29, 1943, the I. A. M. made a similar request of the Company with respect to certain other employees of the Super- charger Works who, it alleged, comprise an appropriate bargaining unit. In each instance the Company refused to accord such recogni- tion unless and until the Union requesting recognition is certified by the Board. Statements prepared by the Regional Director, as supplemented by statements made at the hearing by the Trial Examiner, indicate that the Firemen & Oilers represents a substantial number of employees in the Unit hereinafter found to be appropriate in Case No. 13-R-2064, and that the I. A. M. represents a substantial number of employees in the unit hereinafter found to be appropriate in Case No. 13-R-2101.2 We find that questions affecting commerce have arisen concerning the representation of employees of the Company within the mean- ing of Section 9 (c) and Section 2,(6) and (7) of the Act. IV. THE APPROPRIATE UNITS Contentions of the parties The Firemen & Oilers requests a bargaining unit comprised of all employees of Department 25 of the Company's Supercharger Works, known as the Maintenance Department, excluding clerical employees, the superintendent, foremen, and assistant foremen. The I. A. M. contends that all employees of Department 19 of the Company's Supercharger Works, known as the Tool Room, includ- ing indentured apprentices, but excluding clerical employees, the 2 The following table summarized the Regional Director 's statement as supplemented by the statement made by the Trial Examiner at the hearing with respect to the authoriza- tion evidence submitted to them : Designations submitted* Names on current employ- ment records covering unit in question Names on valid designations appearing on employment records 13-R-2064 Firemen & Oilers----------------------------------------- 79 103 81 C I 0--------------------------------------------------- 77 103 713-R-2101 Machinists----------------------------------------------- 186 215 155 0.1.0 ------------------ --------------------------------103 215 47 'All the designations bore apparently genuine signatures. 1590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD superintendent, general foremen, foremen, and assistant foremen, con- stitute an appropriate bargaining unit. The C. I. O. denies the appropriateness of the units sought by the Firemen & Oilers and the I. A. M., contending that all production and maintenance employees of the Company's Supercharger Works constitute an appropriate bargaining unit. However, the C. T. O. is not seeking certification on this basis at the present time. The Company takes a neutral position with respect to the appro- priate unit except to contend that the indentured apprentices em- ployed in Department 19 should not be included in any bargaining unit, since they are minors hired by the Company under individual contracts of employment. The operations of the Company's Supercharger Works The Supercharger Works consists of 4 separate buildings which house the Company's operations. These units are designated as Plant 1, Plant 2, the Forge Shop, and the Garage. Plants 1 and 2, each -of which is comprised of a machine shop and an assembly division, are approximately 200 yards apart, but are connected by an enclosed passageway. The Supercharger Works is a self-contained integrated manufacturing unit and all the parts used in the finished product are manufactured within the plant itself. For accounting purposes each department is designated either as a production or a non-production department. There are approximately 12 non-pro- duction departments; it appears that many of these departments are known by titles descriptive of their functions, and, in addition, the (Company has designated each one by number. The service depart- ments, sometimes referred to as the maintenance group , are under the supervision of a general superintendent and comprise the follow- ing numbered non-production departments : 5-------------------------------------------- Small Tools 13 and 213----------------------------------- Sanitation 19-------------------------------------------- Tool Room 25-------------------------------------------- Maintenance 29 and 229----------------------------------- Lubrication 32--------------------------------------- ---- Yard 40-------------------------------------------- Electrical As to the unit proposed by the Firemen & Oilers: Department 25 is located in Plant 1, adjacent to the production lines, and functions as a departmental unit engaged in the repair and maintenance of buildings and equipment of the Works. While the duties of the employees in Department 25 require them to work in all sections of the Works, they remain under the supervision of De- partment 25 at all times . The occupational classifications of em- ALLIS-CHALMERS MANUFACTURING COMPANY 1591 ployees in Department 25 are machine repairmen, forge repairmen, plumbers, carpenters, and millwrights. There are no other employees within these categories employed elsewhere in the Works. 'The func- tion of the machine repairmen and forge repairmen is primarily one of maintenance of the production machinery. The other classifica- tions of employees in this department perform maintenance and re- pair work related to their particular trade. For the reasons stated infra, we conclude that the employees in Department 25 constitute an appropriate bargaining unit. As to the unit proposed by the I. A. M.: Department 19, the Tool Room, is located adjacent to Department 25, from which it is separated by a steel fence. The general function of the Tool Room is the manufacture and repair of jigs, dies, fixtures, and gauges used in the production departments of the Works. The employees of the Tool Room perform all of their work by means of machines located within the department and work outside of the Tool Room only in case of an emergency. These employees range from skilled to semi-skilled workers. The experience required ranges from 6 to 8 weeks' training to an apprenticeship of 4 years. Their rates of pay are comparable to those of production employees possessing equivalent skills. Although some of the work done in the Tool Room is similar to production work, it is dissimilar in that it is not repet- itive as in the production work. For reasons hereinafter stated, we conclude that the employees of the Tool Room constitute an ap- propriate bargaining unit. The I: A. M. and the Company disagree with respect to the inclusion of indentured apprentices in the machinists' unit. There are eight indentured apprentices employed in the Tool Room of the Super- charger Works. These employees are minors employed by the Com- pany under contracts of indenture between the Company and the par- ents or guardians of the minors, subject to the approval of the In- dustrial Commission of Wisconsin. The duties and minimum wages of these employees are determined by the contract. The apprentice- ship extends for 4 years, during which time the Company agrees to teach the apprentice a particular trade. The apprentices are trans- ferred from one machine to another within the Tool Room, but never to other departments. The record indicates that the I. A. M. has bar- gained for indentured apprentices in a number of similar machine shop plants in the Milwaukee area for over 8 years. In collective bargaining contracts covering employees in other plants of the Com- pany indentured apprentices have been excluded by agreement of the parties. The record in the instant case indicates that the I. A. M. represents each of the indentured apprentices presently employed in the Tool Room of the Supercharger Works. The question of the pro- 1592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD priety of including indentured apprentices in a bargaining unit has previously been decided by the Board in the Vilter cases For reasons stated in the cited case, we shall include the indentured apprentices in the machinists' unit. The Supercharger Works has been in operation only since June 1942. With the exception of the Power House employees, who are presently represented by the Firemen & Oilers under a collective bargaining con- tract with the Company, there has been no previous history of collec- tive bargaining with respect to the employees of the Supercharger Works. For the past 2 years, the C. I. O. has made an abortive effort to organize these' employees on an industrial basis. The record does not disclose how soon the C. I. O. will be in a position to request cer- tification on this basis. Neither the I. A. M. nor the Firemen & Oilers has extended its organization beyond the department which it claims constitutes an appropriate unit. Upon,the basis of the above facts, and upon the entire record .in these proceedings, we conclude that the employees of Department 25 and the employees of Department 19, respectively, constitute identifi- able groups of workers to whom collective bargaining should be made an immediate possibility. Our findings in this respect, however, will not preclude a later determination at another stage of self-organiza-, tion that a more comprehensive unit is appropriate. Accordingly, we find that each of the groups of- employees of the Company's Super- charger Works described below constitutes a unit appropriate for the purposes of collective bargaining within the meaning of Section. 9 (b) of the Act: 4 - 1. All employees in Department 25, the maintenance department, excluding clerical employees, the superintendent, foremen, assistant foremen, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action; 2. All employees in Department 19, the Tool Room, including in- dentured apprentices, but excluding clerical employees, the superin- tendent, general foremen, foremen, assistant foremen, and any other supervisory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or ef- fectively recommend such action. s Matter of Vilter Manufacturing Company, 44 N. L. R B. 232. In the cited case, the Board said : We are of the opinion that the contracts of indenture and the laws of the State of Wisconsin will not interfere with the processes of collective bargaining. In any event, the apprentices are employees who may designate collective bargaining representa- tives within the meaning of Sections 2 (3) and 9 ( a) of the Act " See also Matter of Ampco Metal, Inc., 28 N. L. It. B. 1227. 4 See Matter of Gardner-Richardson Co., 52 N. L. It. B. 1260, and Matter of Kentucky Fluorspar Co., 52 N. L. It. B. 227. ALLIS-CHALMERS MANUFACTURING COMPANY V. THE DETERMI*ATION OF REPRESENTATIVES 1593 We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the employ- ees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. Although the C. I. O. indicated at the hearing that it did not desire to participate in any elections which might be directed among the em- ployees within the units proposed by the Firemen & Oilers and the I. A. M., since it submitted evidence indicating that it represents em- ployees within these groups , we shall afford it a place on the ballots in the elections which we hereinafter direct, but shall , upon request made within 7 days from the date of issuance of this Decision, with- draw its name from said ballots. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3; it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Allis-Chalmers Manufacturing Company, Supercharger Works, Greenfield , Wiscon- sin, separate elections 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 Di- rector for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations , among the employees in the units described below , who were employed during the pay-roll period immediately preceding the date of this Direction , including in each unit employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election : (1) All employees in Department 25, the maintenance department, of the Company 's Supercharger Works, excluding clerical employees, the superintendent , foremen, assistant foremen, and any other super- visory employees with authority to hire, promote , discharge , discipline, 1 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or otherwise effect changes in` the statug of employees, or effectively recommend such action, to determine whether they desire to'be repre- sented by International Brotherhood of Firemen & Oilers, Local 125, A. F. L., or by Local 248, United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. O:, for the purposes of collective bargaining, or by neither; (2) All employees in Department 19, the Tool Room, of the Com- pany's Supercharger Works, including indentured apprentices, but excluding clerical employees, the superintendent, general foremen, foremen, assistant foremen, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 'to determine whether they desire to be represented by Inter- national Association of Machinists, District No. 10, A. F. L., or by Local 248, United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. 0., for the purposes of collective bargain- ing, or by neither. 11 Copy with citationCopy as parenthetical citation