Allis-Chalmers Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 20, 1944

56 N.L.R.B. 1553 (N.L.R.B. 1944)

In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY (SUPER-
- CHARGER WORKS) and LOCAL 248, UNITED AUTOMOBILE, AIRCRAFT &
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 13-R-2359.-Decided June 00, 1944
Mr. W. J. McGowan, of Milwaukee, Wis., for the Company.
Mr. W. 0. Sonnemann, of Milwaukee, Wis., for the C. 1. O.
Mr. P. L. Sierniller, of Chicago, Ill., and 'Mr. George Gratz, of
Milwaukee, Wis., for the I. A. M.' _
Mr. Walter H. Schmidt, of Milwaukee, Wis., for the Firemen &
Oilers. '
Mr. William C. Baisinger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 248, United Automobile, Aircraft
& Agricultural Implement Workers of America, C. I. 0., herein called
the C. I. 0., alleging that a question affecting commerce had arisen
concerning the representation of employees of Allis-Chalmers Manu-
facturing Company (Supercharger Works), Greenfield, Wisconsin,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Jack G.
Evans, Trial Examiner. Said hearing was held at Milwaukee, Wis-
consin, on May 15, 1944. The Company, the C. I. 0., International-
Association of Machinists, A. F. of L., herein called the I. A. M.,
and International Brotherhood of Firemen, & Oilers, Local 125,
A. F. of L., herein called the Firemen & Oilers, appeared and par-
ticipated. 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 a°re
hereby' affirmed. '
56 N. L. R. B, No. 280.
1553
1554 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Allis-Chalmers Manufacturing Company is a Delaware ,corporation
which operates a number of manufacturing plants in several States
of the United States. This .proceeding concerns only the Company's
operation at Greenfield,, Wisconsin, known as the Supercharger
Works, at which the'Company is engaged in the manufacture of super-
chargers 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 $1,000,000, of ,which
approximately 90 percent was, shipped to the Company from points
outside the State of Wisconsin. During the same period the Company
sold over $1,000,000 worth of finished products each month, all of
which was shipped to points outside the State of Wisconsin.
The Company admits, and we find, that at its Supercharger Works
it'is engaged in commerce within the meaning of the National Labor
Relations Act. '
II., THE ORGANIZATIONS INVOLVED
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 employ-
ees of the Company.
International Association of Machinists is a labor organization af-
filiated with the American Federation of Labor, admitting to mem-
bership employees of the Company., '
International Brotherhood of Firemen & Oilers, , Local 125, \ is- a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 28, 1944, the C. I. O. notified the Company
that it represented a majority of the employees of the Supercharger
Works in an alleged appropriate unit and requested recognition Vas
their exclusive bargaining representative.' By letter dated February
29, 1944, the Company.refused to accord the C. I. O. such recognition
unless and until it is certified by the Board. ,
ALLIS-CHALMERS MANUFACTURING COMPANY 1555
A statement made on the record by the Trial Examiner indicates
that the C. I. O. represents a substantial number of employees within
the unit hereinafter found to be 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
On, April 1, 1944, pursuant to the results of elections directed by
the Board in' a prior representation proceeding involving the Com-
pany's Supercharger Works,2 the I. A. M. was certified as the exclu-
sive bargaining representative •of the employees in Department 19,
'the Toolroom, and the Firemen & Oilers was certified as the exclusive
bargaining representative of the employees 'in Department 25,
Maintenance. -
In the instant case, the C. I. O. originally petitioned for a bargain-
ing unit comprised of all production workers of the Supercharger
Works, including, tool crib, toolroom, and maintenance employees;
however, at the hearing it amended its unit contention by' excluding
Department 19, the Toolroom, and Department 25, Maintenance,8 in
addition to certain other specific- categories of employees. " As thus
amended, the unit sought by the C. I. O. substantially conforms to
the unit which the I. A. M. alleges to be appropriate. -The Firemen
& Oilers claims that the approximately 20 or 25 buffing wheel dressers
employed by the Company, who recently have been transferred from
1 The Trial Examiner 's statement is summarized in the following table :
Names on current employment Names on valid de8igna-
records covering'alleged ap- tions appearing on em-
Designations submitted : proiiriate unit ployment records*
C I. 0----------------------- 4, 258 1, 207
1 A. M---------------------- 3,820 61
*The authorization cards submitted by the C. I. 0. prior to the hearing were spot
checked against the Company's pay roll for the last pay -roll period in March 1944.
Both the C . I. 0 and the I. A. M. submitted a number of cards to the Trial Examiner
at the hearing . All parties waived the checking of these cards against the pay roll.
2 Matter of Allis-Chalmers Manufacturing Company, Supercharger Works, et al., 54
N. L. It. B., No. 256. In its Decision in the cited case, the Board said, "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
identifiable 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-organization that a more comprehensive unit is appropriate."
8 The C. I. 0. stated on the record that although it agreed to exclude the employees of
Departments, 19 and 25 from the bargaining unit it seeks in the instant proceeding, such
agreement was made solely for the purposes of this proceeding and was not to constitute,
a waiver, for future purposes , of its position that a plant-wide unit is appropriate.
1
1556 " DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
Department 25, Maintenance, to production Department 254, are prop-
erly a part of the unit for which it-is the certified representative'and
,should be excluded from the appropriate unit in this proceeding. The
I. A. M. agrees with this contention, whereas the C. I. O. and the
Company contend that these employees constitute a part of the larger
production unit. The Company claims that all machine and bench
inspectors employed in the Supercharger Works should be excluded
from the appropriate unit on the ground that they are 'confidential
employees whose interests are allied with management. The C. I. O.
and the I. A. M. contend that these employees should be included
in the larger production unit. -
i Thus, with the exception of the two, classifications of employees
mentioned above, which we shall discuss hereinafter, all parties agree
that all employees of the Company employed at its Supercharger
Works, Greenfield, Wisconsin, excluding employees engaged in De-
partments 1 '(Administration),,? (Accounting), 3 (Employment), 4
(Supplies)', 4 (Production),4.5 (Plant Engineering), except tool tend-
ers and learners in the tool crib are to be included, 6 (Receiving),
except checkers are to be included, 8 (Laboratory), except tool hard-
ener, instrument technician, heat treater, X-ray assistant, furnace
operator, lathe operator, milling machine operator, grinder operator,
physical, test machine operator, and temperature operator are to be
included, 14 (Mailing and Stationery), 15 (Hospital), 19 (Toolrooln),
X25 (Maintenance), 31 (Powerhouse)-,5 33 (Purchasing), 34 (Plant
Protection), 37 (Traffic), 39 (Termination and Priorities), 41 (Order
Department), 42 (General Department, Plant 1), 43 (Time study),
44 (Manufacturing Engineering), 45 (Personnel), 46 (Safety), 47
(Telephone), and further excluding executives, the works manager,
assistant works manager, superintendent, assistant superintendent,
general foremen, foremen, foreladies, assistant foremen and fore-
ladies, matron and head matron in Departments 13 and 213, assistant
storekeeper in Department 21, head storekeeper in Departments 22
and 222, stenographer in-Department 26, chief clerk, assistant shipping
clerk and dispatcher in Departments 27, and 227, draftsmen, secretary
and stenographer'in Department 28, stenographer in Department 29,
chief inspector, assistant chief inspector; lead machine and bench in-
spectors, lead stenographer and secretary in Department 36, chief
electrician in Department 40, typist'in Department 250, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute an appropriate bargaining
unit.
* The duplication of numbers apparently is not an error as these departments are so
numbered on the classified pay roll introduced into evidence at the hearing '
5 The powerhouse employees are represented'by the Firemen & Oilers by virtue of a collec-
tive bargaining contract now in effect.
ALLIS-CIHALMERS MANUFACTURING COMPANY 1557
The buffing wheel dressers
These employees put abrasive on buffing-wheel, machines located in
production Department 254. The machines used to perform this
abrasive process were originally located in Department 25,' but on or
about May 1, 1944, the Company moved most of them to Department
254 and at the same time transferred the buffing-wheel. dressers from
Department 25 to Department 254. According to the Company's
Works Manager, this transfer was made for the purpose of increasing
efficiency. The operation performed by these employees occupies
all their time and is connected with the production process performed
in Department 254. We shall include the buffing-wheel dressers in
the appropriate unit:
Machine and bench, inspectors
The machine and bench inspectors, also known as roving inspectors,
perform inspection work throughout the plant under the supervision
of the Chief Inspector. Their duties carry them, as the name implies,
to various parts of the plant. They differ from the detail inspectors,
whom the parties agree to include in the unit, in that the latter work
at various operational points in certain designated spaces usually en=
closed by railings and have no direct contact with the production
workers. Machine and. bench inspectors, on the other hand, inspect
work on the production line and have authority to stop the machines.
They may reject the work produced by a machine operator; however,
this is generally done in consultation with the foreman of the pro-
duction department where the machine is located. The Company
argues that these employees are confidential, in that they have author-
ity to affect the earnings of the employees, and to stop and reject pro-
duction. The machine and bench inspectors do not in any way handle
labor relations matters nor are they in possession of information
relating to such subjects. Moreover, they have no true supervisory
authority. We shall include the machine and bench inspectors in the
appropriate unit.6 The parties agree to the exclusion of the lead
inspectors who supervise the machine and bench inspectors. It was
stipulated that these latter employees have authority effectively to
recommend disciplinary action and to make other recommendations
which affect the status of employees under them. We shall exclude
them.
We find that all employees of the Company employed at its Super=
charger Works, Greenfield, Wisconsin, including machine and bench
inspectors and buffing-wheel dressers, but excluding the employees
-engaged in Departments 1 (Administration), 2 (Accounting), 3 (Em-
ployment), 4 (Supplies), 4 (Production), 5 (Plant Engineering),
except that too! tenders and learners in the tool crib are to be included,
Matter of Allis-Chalmers Manufacturing Company, La Porte Works, 54 N. L. R. B. 1303.'
1558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
6 (Receiving), except that checkers are to be included, 8 (Laboratory),
except that tool hardener, instrument technician, heat treater, X-ray
assistant, furnace operator, lathe operator, milling machine operator,
grinder operator, physical test machine operator, and temperature
operator are to be included, 14 (Mailing and Stationery), 15 (Hos-
pital), 19 (Tool Room), 25 (Maintenance), 31 (Powerhouse), 33' (Pur-
chasing), 34 (Plant Protection), 37 (Traffic), 39 (Termination and
Priorities), 41 (Order Department), 42 (General Department, Plant
1), 43 (Time Study), 44 (Manufacturing Engineering), 45 (Person-
nel), 46 (Safety), 47 (Telephone), and further excluding executives,
works manager, assistant works manager, superintendent, assistant
superintendent, general foremen, formen, foreladies, assistant fore-
men and foreladies, matron and head matron (Departments 13 and
213), assistant storekeeper in Department 21, head storekeeper (De-
partments 22 and 222), stenographer (Department 26), chief clerk,
assistant shipping clerk and dispatcher (Departments 27 and 227),
draftsmen, secretary, and stenographer (Department 28), stenog-
rapher (Department 29), chief inspector, assistant chief inspector,
lead machine and bench inspectors, lead stenographer, and secretary
(Department 36), chief electrician (Department 40), typist (Depart-
ment 250), and all other supervisory employees with 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 mean-
ing of Section 9 (b) of the Act.
V. THE 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 Elec-
tion herein, subject to the limitations and, additions set forth in the
Direction.
The C. I. 0. contends that the I. A. M. should be denied a place on
the ballot in view of the extent of its showing of representation
among the employees in the appropriate unit. We are of the opinion
that the interest shown by the I. A. M., though slight, is sufficient to
entitle it to a place on the ballot .7
The Firemen & Oilers does not desire to participate in any elec-
tion which the Board may direct in this proceeding. Accordingly, we
shall not accord it a place on the ballot .8
'' Matter of Elgin National Watch Company, 56 N. L. R. B. 30.
c The C. I. O. and the I. A. M. expressed preferences at the hearing that their respective
names appear on the ballot as set forth in the Direction of Election.
ALLIS-CHALMERS MANUFACTURING COMPANY
DIRECTION OF ELECTION
1559
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, 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, Wis-
consin, an election by secret ballot shall be conducted'as early as,pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Thirteenth Region, acting in this'matter as agent for the Na-
tional 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 dur-
ing the,pay-roll period immediately preceding the date of this Di-
rection, 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 excluding any who
have since quit or been discharged for cause, and have not, been re-
hired or reinstated prior to the date of the election, to determine
whether they desire to be represented by Local 248, UAW-CIO, or by
International Association of Machinists, United Lodge No. 66, A. F.
of L., for the purposes of collective bargaining, or by neither.