84 N.L.R.B. 30 (N.L.R.B. 1949)

Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board DecisionsJun 8, 1949

84 N.L.R.B. 30 (N.L.R.B. 1949)

In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY, EM- 'I,'LOYER, ;'a7td, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR- CRAFT,& AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER Case No. 6-RC-353.-Decided June 8, 1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Erwin Lerten, hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Reynolds]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent certain employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : All' hourly production and maintenance employees at the Pitts- burgh, Pennsylvania, Works of the Employer, excluding shop clerical employees, electrical testers, testers' helpers, part-time apprentices, apprentices in the Testing Department,' draftsmen, technical engi- 1 The Petitioner and the Intervenor desire to include in the unit shop clerical employees, electrical testers, testers ' helpers, part -time apprentices , and apprentices in the Testing Department , all of whom have been excluded from the bargaining unit represented by another union for the past 11 years. In view of the past bargaining history, we shall exclude such employees from the present unit. Matter of Inman Mill8 , 82 N. L. R. B. 84 N. L. R. B., No. 7. 30 1 ALLIS-CHALMERS MANUFACTURING COMPANY 31 neers, clerical employees in the main office, superintendents and assist- ant superintendents, foremen and instructors, inspector foremen, time-study men, plant watchmen, graduate student apprentices, un- dergraduate student apprentices, confidential employees, inspectors and all guards, professional employees, and supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but 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, and also excluding employees on strike who are not entitled to rein- statement, to^,determine whether they desire to be represented, for purposes of collective bargaining, by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, CIO, or by United Farm Equipment and Metal,Workers of America, CIO, or by neither. 735; Matter of Petersen and Lytle, 60 N. L. R. B . 1070. However, this finding will not preclude a self-determination election in the future , based upon a new petition and a proper showing of representation , for the inclusion of these employees in the unit herein found appropriate . Matter of Inman Mills, supra ; Matter of Petersen and Lytle, supra.