73 N.L.R.B. 436 (N.L.R.B. 1947)

International Harvester Co.

National Labor Relations Board - Board DecisionsApr 17, 1947

73 N.L.R.B. 436 (N.L.R.B. 1947)

In the Matter of INTERNATIONAL HARVESTER COMPANY, CHATTANOOGA WORKS, EMPLOYER and DISTRICT 50, UNITED MINE WORKERS OF AMERICA (A. F. L.), PETITIONER In the Matter of INTERNATIONAL HARVESTER COMPANY, CHATTANOOGA WORKS, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Cases Nos. 10-R-2343 and 10-R-2399, respectively.Decided April 17,19417 Mr. D. B. Oldaker, of Chicago, Ill., for the Employer. Mr. E. E. Holly field, of Knoxville, Tenn., and Mr. Maxwell M. Lackey, of Chattanooga; Tenn., for District 50. Mr. Paul Chipman, of Atlanta, Ga., and Mr. W. D. Sivley, of Chatta- nooga, Tenn., for the Machinists. Messrs. H. G. B. King and E. E. Tindell, of Chattanooga, Tenn., for the Implement Workers. Mr. Lewis H. Ulman, of counsel to the Board. DECISION AND ORDER Upon separate petitions duly filed, a consolidated hearing in these cases was held at Chattanooga, Tennessee, on February 19, 1947, before William M. Pate, hearing officer. At the hearing the Employer and the Implement Workers both moved to dismiss the petitions herein on the grounds that the Employer's operations at the plant involved in these proceedings will terminate on or before July 1, 1947. The hear- ing officer referred these motions to the Board. For the reasons stated in Section III, infra, the motions are hereby granted. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER International Harvester Company, a New. Jersey corporation, is engaged in the manufacture, sale, and distribution of farm imple- 73 N. L. R. B, No. 86. 436 INTERNATIONAL HARVESTER COMPANY 437 ments, motor trucks, industrial power equipment and twine, at its several plants located throughout the United States. The only plant involved in this proceeding, located at Chattanooga, Tennessee, manu- factures farm implements. During the year ending February 15, 1947, the Employer purchased raw materials for use at its Chattanooga plant valued at more than $1,000,000, of which 90 percent represented shipments from points outside the State of Tennessee . During the same period , the sales of finished products of that plant amounted to more than $1,000,000, of which 90 percent represented shipments to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America , herein called Dis- trict 50, is a labor organization affiliated with the American Federa- tion of Labor, claiming to represent employees of the Employer. International Association of Machinists , herein called the Machin- ists, is an unaffiliated labor organization , claiming to represent em- ployees of the Employer. - Implement Workers Union of America , herein called the Imple- ment Workers , is an unaffiliated labor organization claiming to rep- resent employees of the Employer. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION On December 17, 1945, the Regional Director issued a consent de- termination of representatives which designated the Implement Workers as the collective bargaining representative of the production and maintenance employees at the Employer's Chattanooga plant. On October 2S, 1946, District 50 wrote to the Employer, requesting recognition as the collective bargaining representative of the produc- tion and maintenance employees at the Chattanooga plant, and on December 18, 1946, the Machinists by letter , requested recognition as the bargaining representative of tool and pattern shop employees at the plant. - The Employer denied both requests on the ground that it was ob- ligated to bargain with the Implement Workers pursuant to the Re- gional Director's consent determination of representatives. District 50's petition herein was filed with the Board on November 6, 1946, and the Machinists' petition was filed on December 10, 1946. As previously noted, the Employer and the Implement Workers both moved at the hearing that the petitions herein be dismissed be- cause the Employer's entire operations at the Chattanooga plant will 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD be terminated on or before July 1, 1947. The record reveals that the Employer sold its Chattanooga plant to Harriman Manufacturing Company in October 1944. At that time the Employer held certain contracts with the Federal Government. By a supplemental agree- ment between vendor and vendee, the plant was leased back to the Em- ployer until the end of the war or until the Employer could complete a new plant at Memphis, Tennessee; in no event was the lease to con- tinue after July 1, 1947. The Employer's works manager testified that all employees at the plant will be discharged on or before July 1, 1947, and that the Em- ployer contemplated curtailing production and removing some of its machinery about May 1, 1947. The record further reveals that while Harriman Manufacturing Company will manufacture agricultural implements at the plant, it will not assume any of the Employer's contracts. At the time of the hearing, Harriman Manufacturing Company was operating a small plant at Harriman, Tennessee, and apparently contemplated transferring the workers presently em- ployed there to the Chattanooga plant. It was not able to estimate how many employees who are now on the Employer's pay roll it will hire when it begins operations in Chattanooga. Since the Employer's operations in Chattanooga will be terminated in the near future, and since it has not been demonstrated that a sub- stantial number of the Employer's employees will be hired by Harri- man Manufacturing Company, we are of the opinion that no useful purpose will be served if we proceed with a determination of repre- sentatives at the present time.' In view of the foregoing, the petitions herein will be dismissed with- out prejudice to the filing of new petitions after Harriman Manu- facturing Company has begun operations at the Chattanooga plant. ORDER IT IS HEREBY ORDERED that the petitions for investigation and cer- tification of representatives of employees of International Harvester Company, Chattanooga, Tennessee, filed herein by District 50, United Mine Workers of America, A. F. L., and by International Association of Machinists, be, and they hereby are, dismissed without prejudice. 1 See Matter of Armour & Company, 62 N. L. R. B. 1194; Matter of Todd-Galveston Dry Docks, Inc, 54 N L. R. B. 625; Matter of Fruco Construction Company, Frucn-Colnon Contracting Co , 38 N. L. R. B. 991.