Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 7, 1944

54 N.L.R.B. 1129 (N.L.R.B. 1944)

In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO
Case No. 9-R-1308.-Decided February 7,1944
Mr. W. J. McGowan, of Milwaukee, Wis., for the Company.
Mr. Ralph D. Marcus, of Cincinnati, Ohio, for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Allis-Chalmers, Manufacturing Company, Nor-
wood, Ohio, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Thomas E. Shroyer, Trial Examiner. Said hearing was held
at Cincinnati, Ohio, on January 6,1944. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
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, a Delaware corporation,
operates plants in various parts of the United States. We are here
concerned with the Norwood, Ohio, plant, at which the Company
produces electric motors and hydraulic pumps. Most of the raw
materials used at the Norwood, plant come from points outside the
State of Ohio. Over 80 percent of the finished products of the Nor-
54 N. L. It. B., No. 171.
1129
1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
wood plant, totally valued in excess of $10,000,000, ultimately reaches
destinations outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organiza-
tion admitting to membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's plant-protection
employees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents, a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit consisting of all the militarized plant-pro-
tection -employees including corporals, but excluding the chief and
sergeants . The Company contests the appropriateness of this unit,
contending that the work of these employees is of a confidential nature
and that they are acting as representatives and in the interests of the
management. It also in effect questions the advisability of allowing
militarized plant-protection employees to bargain collectively. The
Company further points to the fact that the Union is the certified col-
lective bargaining representative of the production employees, in a
separate unit from which, inter alict, watchmen and plant-protection
employees were excluded by the Board.2 The Company questions the
propriety of the same bargaining agent representing the militarized
plant-protection employees as well as the Company's other employees.
We see no reason to deny to the militarized plant-protection employees
the right to collective bargaining under the Act. We have heretofore
considered the problems which arise in situations involving milita-
1 The Acting Regional Director reported that the Union submitted 18 membership applica-
tion cards all of which bore apparently genuine original signatures ; that the names of all
persons appearing on the cards were listed on the Company 's current pay roll, which
contained the names of 21 employees in the appropriate unit.
2 Matter of Allis-Chalmers Manufacturing Co., 43 N. L. It. B. 255.
ALLIS- CHALMERS MANUFACTURING COMPANY 1131
rized plant-protection employees 3 Our conclusion that they should
not be denied the right to bargain collectively in a separate unit is
unaltered.
The record does not indicate with sufficient clarity the `duties and
powers of corporals.4 We shall include or exclude them dependent
upon whether they fall within our usual definition of supervisory
employees.
We find that all militarized plant-protection employees of the Com-
pany, excluding the chief and sergeants, and all other supervisory
employees who have authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of
the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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 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, Norwood, Ohio, 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 super-
vision of the Regional Director for the Ninth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including 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
S See Matter of Dravo Corporation , 52 N. L It. B. 322.
4 The Company employed no corporals at the time of the hearing , although it did so
previous thereto and will do so again in the future.
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
United Electrical , Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations , for the purposes of
collective bargaining.