John Deere Tractor Co.

National Labor Relations Board - Board Decisions

Mar 4, 1943

47 N.L.R.B. 1316 (N.L.R.B. 1943)

In the Matter -of JOHN DEERE TRACTOR' COMPANY AND IOWA TRANS-
MISSION COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE,
AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERIOA,
C. I: 0., AND ITS LOCAL #838
Case No. R-4877.-Decided' March 4, 1943
'Jurisdiction : farm equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: rec-
ognition refused without certification of the Board ; prior indeterminate
election held almost a year ago held ho bar in view of increased showing of
representation made by petitioner ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of company 's plants in Waterloo, Iowa, with specified inclusions
and exclusions. , '
Mr. George E. Pike, of Waterloo; Iowa,-and Mr. H. W. Pike, of
Moline,'Il1., for the Company.
_
Mr. Lawrence Carlstrom, of Milwaukee, Wis., and Mr. George H.
Rose,; of Waterloo, Iowa, for the U. A. W.' .
Mr. Nathan J. Kaplan, of St. Louis, Mo., for the Weldors.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, C. I. O.
and its Local #838, herein called the U. A. W.; alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of John Deere Tractor Company and Iowa Transmis-
sion • Company, Waterloo, Iowa, herein collectively called the
Company, the' National Labor Relations Board provided for an
appropriate hearing upon due notice before Clyde F. Waers, Trial
Examiner. Said hearing was held at Waterloo, Iowa, on February 13,
1943. The Company, the U. A. W., and United Brotherhood of
Weldors, Cutters and Helpers of America, herein called the Weldors,
appeared, participated, and were afforded full opportunity to be
47 N. L. R. B., No. 167. -
1316 -
JOHN DEERE TRACTOR COMPANY - 1317
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.
Upon the entire record in the.case; the Board makes the.following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The parties stipulated that the findings of fact, with respect to the
business of the Companies,as set forth in a prior Decision and Direc-
tion of Election of the Board,, apply with equal force to the present
case. It was likewise stipulated that there had been no ,change in
ownership or corporate structure, and that the amount of business
transacted in and out of the State of Iowa, remained substantially
the same. In that case wd found and we now find as follows:
-r John Deere Tractor Company is an Iowa corporation with its
principal place of business at Waterloo, Iowa, where it is engaged
in the business of designing, manufacturing, selling, and distributing
farm tractors, machine parts, and tank transmission parts. During
its fiscal year ending October 31, 1941, it purchased raw materials
valued at about $19,000,000 approximately all of-which was shipped
to,it from outside the State of Iowa. During the same period it sold
finished products valued at about $34,000,000, approximately 93 per-
cent of which was shipped outside the State of Iowa. It admits that
it is engaged in commerce within the meaning of the Act.
Iowa Transmission Company is an Iowa corporation with its prin-
cipal place of business at Waterloo, Iowa, where it is engaged in the
business- of designing, manufacturing, and selling tank transmissions
and tank transmission parts. During the 12-month period preceding
March` 31, 1942, it purchased raw materials' valued in excess of $1,000,-
000, approximately all of which was shipped to it from outside the
State of Iowa. During the same period it sold finished products
valued in excess of $1,000,000, over 90 percent of which was shipped
outside the State of Iowa. It admits that it is engaged in commerce
within the meaning of the Act.
John Deere Tractor Company and Iowa Transmission Company
are both subsidiaries of Deere and Company and are operated under
a common management.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local #838, affiliated with the Con-
J
3 Matter of John Deere Tractor Co pang and Iota Transmis8ion Company and Local
838, United Automobile , Aircraft & Agr,cultural Implement Workers of America, C. I. 0.,
40 N. L. R. B. 904.
1318 DE-CISIONS • OF NATIONAL', LABOR. =RELATIONS BOARD
tress of Industrial . Organizations , is a labor organization , admitting
to membership employees of the Company.
United Brotherhood of Welders, Cutters and Helpers of America
is an unaffiliated labor organization , admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 24, 1942, the Welders requested the Company to
recognize it as the bargaining agency for the welders, cutters, and
helpers employed by the Company at its Waterloo plants. The Com-
pany refused to do so until the Weldors' majority status in a proper
unit had been determined by the Board. On or about January 9,
1943, the U. A. W. requested the Company to recognize it as the
bargaining agency for the employees of the Company at the Waterloo
plants. The Company, refused to do so until the U. A. W. has been
certified by the Board as the bargaining representative of said
employees.
At,the hearing the Company contended that no election • should be
presently' ordered on the ground that, a prior election had -been held
in May 1942, with indeterminate results and that sufficient•time has
not since ,elapsed. In view of the increased showing of representa-
tion made by the U. A. W. and since almost, a year has passed since
that election , we find no merit in this contention., ,
A statement ,of the Regional Director and a statement of the Trial
Examiner made at the hearing indicate that the U. A. W. represents
a substantial number of employees in the unit hereinafter found,
appropriate.' ,
We find that in 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. _
2 See Matter of Frank W: Knott and Robert S. Wiaok, d/b/a Knott ,& C'ai ins and West
Side Local 174, International Union, United Automobile , Aircraft and Agricultural Imple-
ment Workers of America (C. I. 0.), 44 N. L. P. B 477. -
8 The Regional Director reported that the U . A W submitted 1,263 membership cards,
1,253 of which bore apparently genuine original signatures ; that they were dated as
follows : March 1942, 1 ; June , 1 ; July, 10; August, 2, September, 6; October, 55;
November, 92 ; December , 447; January 1943 ' 649; that the, names of 1,206 persons,
whose names appeared on the cards , were listed on the Company 's pay roll of January 23,
1943 . This pay roll contained the names of 3,511 persons in the unit alleged to be
appropriate
The Trial Examiner reported that the U A w submitted 192 membership cards at the
hearing , all but 1 of which bole apparently genuine original signatures ; that 51 cards were
dated in January 1943, and 141 in Febiuaiy 1943 ; that of the 191 cards submitted, 185
bore the names of persons listed on the Company's pay roll of January 23, 1943.
The Regional Director reported that the weldors submitted 35 authorization cards,
26 of which bore the names of persons listed on the Company ' s pay roll],oll of Tanuary 23;
1943, which contained 54 employees in the unit claimed appropriate
•. Of-the 1.206 cards submitted by the U. A. W . and described above, 20 - bore the names of
Persons listed in the unit claimed appropriate by the weldors.
JOHN DEERE' TRACTOR COMPANY
IV. THE APPROPRIATE UNIT
1319
The U. A. W. and the Company contend that the identical company
wide unit found appropriate in the previous case should be found
appropriate here. The Weldors, however, seek a separate unit com-
jaosed oPw`lders, cutter's; helpers, and spot welders.
The Company employs 'about 64 welders who work in, 7 different
departments throughout the plant. There is no foieman or superin-
tendent with over-all supervision over the welders. The departments
in which the welders work vary in size, containing from 5 to 22 em=
ployees each, and are supervised by working foremen and general
foremen, who also exercise. authority over production and maintenance
employees. Some of the welders are employed as maintenance'welders
in 3 departments and are paid on a different, basis from the other
welders. • Other welders are employed at production work and receive
"`incentive" wage rates. as do the production workers generally. The
evidence indicates that, while some of the' welders are skilled workers
who have undergone apprenticeships of several years, others, called
shot welder's, are relatively, unskilled and are trained in a relatively,
short time. There is also evidence that there are some employees in
the plant, not included, in the unit sought by the Weldors, who,are
trained in the cutting of metals and who use welders' tools part of
the time. .
Under all the circumstances, and in the absence of a homogeneous
and clearly identifiable group of welders, we are of the opinion that
the industrial unit established in the previous case should, not be
disturbed 4
We found in the prior case and we now find that all production and
maintenance employees of the Company at the, John Deere Tractor
Company and Iowa Transmission Company plants in Waterloo,. Iowa,
including indentured apprentices, inspectors, office janitors, foremen's
clerks, truck drivers, yard employees, receiving, shipping, and ware-
house employees, tool crib, tractor, test room, and experimental-farm
employees, and elevator operators, but excluding executives, superin-
tendents, general foremen, foremen, assistant foremen,. working super-
visors, designers, engineers, draftsmen, all other weekly and monthly
salaried employees in the engineering and experimental departments,
general office employees, foundry office employees, plant-protection em-
ployees (including watchmen and guards),, chief inspector, inspection
foremen, chemical and,nietallurgictil laboratories employees, and medi-
cal department employees, constitute a unit appropriate for the pur-
'Cf. Matter of Port Houston Iron Works and International Brotherhood of Boiler-
makers , Iron Sttipb24lders , Weldors & Helpers of America, Local No. 74, and International
Assoctatson of Machinists , Local No. 832, 46 N L R B. 155; Matter of Buffalo Foundry
Machine Co. and Associated Weldors of Western Nero York, Inc., 47 N L. R. B., No 13.
1320 DECISIONS, OF. NATIONAL LABOR RELATIONS BOARD
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
.V"", I. , ,V. THE DETERN1NATION OF REPRLSENTATIVES
The U. A. W. urges that eligibility to'vgte ,in the election be de-
terminated by a pay-roll date earlier tha15 that normally selected by the
Board.. 'The Company desired that the normal procedure be followed.
Since' no reason appears for departing from our usual practice, we
shall direct that the question concerning representation which has
arisen be resolved by .an election by secret ballot among the employees
in the appropriate unit who were employed during the pay-roll im-
mediately'preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OI ELECTION
By virtue of and pursuant to the power vested in the`NatibnafLabor-
Relations -Board by Section 9, (c) of the National Labor Relations
Acf,,and'pursuant to Article III',,Section 9, of National Labor,Rela-,
tions Board Rules and Regulations-Series 2, as amended, it is
hereby ' .
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with John Deere
Tractor Company and Iowa Transmission Company, Waterloo, Iowa,
ail 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 aid supervision of the, Regional Director for the
Eighteenth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article'"III, Section 10, of said
Rules and Regulations, among the employees in the unit found ap-
propriate 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 excluding those employees who have since
quit or been discharged for cause, to -determine whether or not they
desire to be represented by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, C. I. 0.,
and its Local #838, affiliated with the Congress of Industrial Organi-
zations, for the purposes of collective bargaining.