100 N.L.R.B. 1345 (N.L.R.B. 1952)

International Harvester Co.

National Labor Relations Board - Board DecisionsOct 2, 1952

100 N.L.R.B. 1345 (N.L.R.B. 1952)

INTERNATIONAL HARVESTER COMPANY, CANTON WORKS 1345 described above, which the Board, under the circumstances, finds to be appropriate for purposes of collective bargaining. In the event a majority vote for the Intervenor, the Board finds the existing unit to be appropriate and the Regional Director will issue a certificate of results of election to such effect. [Text of Direction of Election omitted from publication in this volume.] INTERNATIONAL HARVESTER COMPANY, CANTON WORKS and INTERNA- TIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, AFL, PETITIONER INTERNATIONAL HARVESTER COMPANY, CANTON WORKS and INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, PETITIONER . Cases Nos. 13-RC-2822 and 13-IBC-2878. October 2,195 Decision , Order, and Direction of Election Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held in Case No. 13-RC-2822 before I. M. Lieberman, hearing officer, on July 21, 1952, and before Ivan C. McLeod, hearing officer, on July 29 and 30, 1952. Another petition was duly filed in Case No. 13-RC-2878, and pursuant to an order con- solidating cases and notice of enlarged representation hearings issued by the Regional Director of the Thirteenth Region, the above-entitled cases were consolidated for hearing on August 7, 1952. Therefore the consolidated hearing was held before Hearing Officer McLeod. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer.:' 3. For reasons stated below no question affecting commerce exists concerning the representation of employees of the Employer in Case I At the hearing the United Farm Equipment and Metal Workers , Local No. 157 (UE), herein called Farm Equipment Workers , was permitted to intervene in both cases on the basis of a recently expired contract covering the employees in the proposed units. The International Union. United Automobile , Aircraft and Agricultural Implement Workers of America, CIO, herein called U A.W., was permitted to intervene in Case No 13-RC-2822 on the basis of a card showing . The International Brotherhood of Blacksmiths, Drop Forgers and Helpers , AFL, herein called Blacksmiths , did not seek intervention in Case No. 13-RC-2878 100 NLRB No. 219. 1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD No. 13-RC-2822 within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. We do, however, find that such a question exists in Case No. 13-RC-2878. 4. The appropriate unit : Case No. 13-RC-2822 The Blacksmiths seeks to sever, on a nondepartmental craft basis, from the existing production and maintenance unit operators of board drop hammers and upsetters and equipment operated in direct connec- tion therewith in the Employer's department No. 1. Since 1947, these employees have been represented by the Intervenor, Farm Equipment Workers, as a part of the broader unit and for at least 2 years prior to that date were so represented by other unions. The Employer and both Intervenors contend that the proposed unit is inappropriate, and the Farm Equipment Workers moved at the hearing that the petition should, accordingly, be dismissed. That motion was referred to the Board. There are over 28 board drop hammers in various departments of the Employer's plant, including 8 in department No. 1 and approxi- mately 20 in departments Nos. 16, 28, 33, and 35. The unit proposed by the Blacksmiths includes, however, the operators of only 7 of the 8 hammers in department No. 1. The Blacksmiths contends that the average forging and associated operations performed by the hammer- men it seeks are more difficult than those performed by the hammer- men in departments Nos. 16, 28, 33, and 35. It is clear, however, and we find, that the operation of the board drop hammers in these depart- ments require substantially the same sequence of operations as in de- partment No. 1, and that there is no material difference in the kind of work done, or in the skills required, in producing forgings in the several departments. As the proposed unit of hammer and upsetter operators in department No. 1 comprises only a segment of a group of employees who possess similar skills and perform comparable work, we find that it is inappropriate.2 Accordingly, as the Blacksmiths does not have an adequate showing to warrant an election in a depart- mental or any other broader unit which might be held appropriate, we shall grant the motion of the Farm Equipment Workers and dis- miss the petition. Case No. 13-RC-2878 The U. A. W. seeks a unit of plant production and maintenance employees , including the hammer and upsetter operators sought by 2 B. F. Atery d Sons Company , 86 NLRB 24. CI. International Harvester Co. (Louis- ville Works), 100 NLRB 1349. INTERNATIONAL" HARVESTER COMPANY, CANTON WORKS 1347 the Blacksmiths. The parties agreed to -the appropriateness of the U. A. W.'s proposed units We find upon the entire record in this case that the following employees of the Employer at its Canton, Illinois, works, constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9 (b) of the Act: All production and maintenance employees, excluding plant pro- tection employees, salaried employees, factory clerical and office cler- ical employees, patternmakers and patternmaker apprentices, indentured apprentices, student executives, guards, and supervisors as defined in the Act and also excluding: - 1. All employees in department 9 in the following classifications : (a) D-13-B-die sinkers D-101-die edgermen-drop forge dies D-102-die lock work (planer or shaper) -forging dies D-69-B-die sinking duplicating machine operators 2. All production employees in the foundry, including depart- ments 36, 37, 38, and 39 3. All maintenance electricians and helpers in department 25 4. (a) All employees in department 9 (toolroom) in the following classifications : D-12-A-die makers-trimmer dies D-12-B-die makers-trimmer dies E-17-A-stamp engraver E-17-B-stamp engraver GU-66-A-grinder-hand (toolroom) GU-66-B-grinder-hand (toolroom) G-65-A, B, and C-grinder operator-perishable tools working group leaders G-88-tool grinder-external (toolroom) G-90-surface grinder operator (toolroom) L-73-A-lathe hand semiautomatic turret ( toolroom) L-73-B-lathe hand semiautomatic turret (toolroom) I,200-lathe operator turret (manually operated) L-82-A-engine lathe operator (hand all-around) L-82-B-engine lathe operator (hand all-around) MU-100-A, B, and C-machinist (toolroom or tool repair) M-5-machinist helper MU-25-A and B-milling machine hand-universal PU-35-A and B-planer operator-metal (toolroom) SU-47-A, B, and C-Shaper operator-metal (toolrooln) s The Blacksmiths joined in the stipulation as to the appropriateness of the unit, except insofar as the unit included those employees covered by its petition in Case No 13-RC- 2822. In view of our findings in that case , there remains no merit to the Blacksmiths' limited objection to the composition of the unit. 22 72 60-53-vo l 100--86 1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD S-150-A and B-Sawyer contour machine TU-40-A and B-tool crib attendant (departmental) TU-41-A-tool maker TU-41-B-tool maker W-65-welder-gas or electric (tool or die) (toolroom only) HU-1-B-hardener, tools, dies, etc. (b) All employees in department 23 (die making department) in the following classifications : DU-5-A and B-die maker (toolroom) L-105-die maker learner LMC-81-layout man (shop equipment) L-82-A and B-lathe hand engine all-around PU-35-A, B and C-planer operator-metal (toolroom) STJ-47-A, B and C-shaper operator-metal (toolroom) WU-50-welder (arc and gas) (c) All employees in department 29 (experimental depart- ment) in the following classifications: E-26-13-engineering development IU-66-A and B-inspector (layout) L-82-A-lathe hand engine all-around L-82-B-lathe hand engine all-around M-70-A and B-mechanic-experimental engineering department S-150-A and B-sawyer contour machine S-189-sawyer-metal cut off TU-40-A and B-tool crib attendant (departmental) (d) The following employees in department 28 (job shop) DU-5-A and B-die maker (e) The following employees in department 13 (power depart- ment) MU-100-A, B and C-machinist-toolroom or tool repair. Order Upon the basis of the foregoing findings of fact and upon the entire _ record in the case, the Board orders that the petition filed in this pro- ceeding by the International Brotherhood of Blacksmiths, Drop Forg- ers and Helpers, AFL, in Case No. 13-RC-2822 be, and it hereby is, dismissed. [Text of Direction of Election omitted from publication in this volume.]