The Goodyear Aircraft Corp.

In the Matter of THE GOODYEAR' AIRCRAFT CORP. and PATTERN MAKERS LEAGUE OF NORTH AMERICA (AFL) Case No. R-4307.-Decided November 4, 1942 Jurisdiction : aircraft manufacturing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives; contract about to expire held no bar; election necessary. Unit Appropriate for Collective Bargaining : pattern makers, including model makers, permitted to determine whether they should constitute a separate bargaining unit or part of an existing industrial unit. Mr. John Robert Hill, for the Board. Mr. Walter E. DeBruin, of Akron, Ohio, for the Company. Mr. C. D. Madigan, of Cleveland, Ohio, and Mr. M. C. Schenley, of Akron, Ohio, for the Pattern Makers League. Mr. Jack N. Tucker and Mr. Maurice Sugar, of Detroit, Mich., for the U. A. W. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Pattern Makers League of North America (AFL), herein called the Pattern Makers League, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Goodyear Aircraft Corporation, Akron, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before E. G. Smith, Trial Examiner. Said hearing was held at Akron, Ohio, on September 23 and 24, 1942. The Company, the Pattern Makers League, and International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local No. 856, affiliated with the C. I. 0., herein called the U. A. W., appeared, participated and were afforded full opportunity to be 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 preju- 45 N. L R. B, No. 58 369 493508-43-vol. 45-24 370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dicial error and are hereby affirmed. During the hearing, the U. A. W. made a motion that the petition of the Pattern Makers League be dis- missed because of the existence of an exclusive bargaining contract be- tween the Company and the U. A. W. Ruling on this motion was re- served, for the Board. In,view of the findings of fact set forth in Sec- tion III, infra, the motion. is hereby denied. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Goodyear Aircraft Corporation, a Delaware corporation, is a sub- sidiary of Goodyear Tire and Rubber Company. The Company is en- gaged at its Akron, Ohio, plant in the manufacture of both lighter than air and heavier than air craft and also in the production of certain air- plane parts. During the year 1941 this plant used raw materials hav- ing a value in excess of $100,000, of which more than 60 percent was shipped to the plant from points outside the State of Ohio. 'During the same period the plant produced products having a value in excess of $250,000, of which more than 60 percent was sold and shipped to points outside the State of Ohio. II. THE ORGANIZATIONS INVOLVED Pattern Makers League of North America is a labor organization affiliated with the American Federation of Labor. It admits to mem- bership pattern makers employed by the Company. International Union, United Automobile, Aircraft and Agricul- tural Implement Workers of America, Local No. 856, is a labor organi- zation affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION • On May 10 and 12, 1942, a 'representative of the Pattern Makers League contacted- officials of the Company and was advised that the Pattern Makers League would not be recognized because of an existing contract with the U. A:'W. covering the production aiad maintenance employees. .-'The U. A. W. contends that its contract with the Company is a bar- to'this-proceeding. The contract provides that it shall rema>'n'in'op- eration until January 2, 1943, and for yearly periods thereafter, sub-' ject' to being amended or terminated pursuant to written notice • by either party thirty (30)' days prior to the end of any yearly period. . TIM GOODYEAR AIRCRAFT CORP. ^ - - ' 371 Since the fixed period of the contract will expire shortly, on January 2, 1943, it does- not preclude the Board from making an investigation and determining -a bargaining representative of the pattern makers for the purpose of negotiating a new contract for the period following January 2, 1943. A statement of a Field Examiner of the Board, introduced in evi- dence, indicates that the Pattern Makers League represents a substan- tial number of pattern makers employed by the Company.2 IV. THE APPROPRIATE UNIT; THE DETERMINATION OF, REPRESENTATIVES, The Pattern Makers League requests a unit of all wood, metal, and plaster pattern makers employed by the Company. The U. A. W., con- tends that the existing industrial unit, including the pattern makers, is appropriate for bargaining purposes. The Company maintains a neutral position.' The Company has four plants, named alphabetically from A through D. At the time of the hearing, Plant D was not yet completed but was scheduled for completion in October 1942. Certain employees, whom the Company plans to assign to Plant D once it is completed, have been working in a section of a Building 3, leased from Goodyear Tire and Rubber Company. Included among these employees since March 1942 have been the bulk of the Company's pattern makers and model makers. On October 13, 1941, the.Company and the U. A. W. entered into a consent election agreement providing for an election among all pro- duction, shipping, receiving, stores, and maintenance employees, ex- cluding employees in a clerical or supervision capacity and supervi- sional trainees. The financial secretary and business manager of the Akron Association of the Pattern Makers League testified that he did not know of the election beforehand, and that the Pattern Makers League was not asked to participate therein. The U. A. W. won the election with no other labor organization, participating, and on or about October 25, 1941, was certified by the Regional Director. At the time of the election there were approximately 5 pattern makers employed by the Company; some of these voted in the election. On January 2, 1942, the U. A. W. and the Company entered into the aforementioned exclusive bargaining contract. Subsequent to the con- ' Matter of LaPlant-Choate Manufacturing Co., Inc. and United Farm Equipment Workers Organizing Committee, Local 116, affiliated with the C. I. 0., 29 N. L. R. B. 40. 2 The Field Examiner stated that the Pattern Makers League submitted its membership roster and dues ledger which contained the names of 15 pattern makers employed by the Company. The Pattern Makers League also submitted one application card bearing an, apparently genuine original signature which was the, name of a pattern maker employed by the Company. As of the time of the hearing, the Company employed 29 pattern makers and 23 model makers. The U. A. W. relies upon its contract to show its Interest. 372 = :.(IlEbISIONS OF NATIONAL LABORi RELATIONS BOARD tract, and by June 16, 1942 , the U. A. W. and the Company had agreed upon 213 classifications of employees and the rates for each classifica- tion. At the time of the establishment of the pattern makers' classifi- cations there were approximately 5 pattern makers employed in Plant A and 3 in Plant C. Some, if not all, of them took part in the negotia- tions leading to the fixing of pattern makers' rates. However, the rates were established prior to March 1942 when the first pattern makers were employed in Building 3. The record indicates further that the ,pattern makers in Plants A and . C participated in the election of U. A. W. stewards. It is not clear , however, that the pattern makers in Building 3 ever elected a steward. We are of the opinion that the facts presented in this case are com- parable to those in Matter of Bethlehem Steel Company (Shipbuilding Division) and Pattern Makers League of North, America, New York Association,3 and call for a similar conclusion , i. e., that "the considera- tions are sufficiently balanced to make the desires of the pattern makers themselves controlling in our determination of the type of unit through which they shall bargain." At the time of the hearing the Company employed a total of 29 pat- tern makers and 23 model makers . The model making classification was established in September 1942 at a higher rate than pattern mak- ing;classifications in order to cover more highlyzskilled pattern -makers. Pattern makers reclassified as;model makers,=have continued to carry on the same work they performed as pattern makers, making both patterns and models. Although the petition of the Pattern Makers League does not mention model makers , it is clear from the record that model makers are pattern makers , and we shall include them in the unit. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among all wood, metal, and plaster pattern makers, including model makers, who were employed by the Company ' during the pay-roll period immediately preceding the date of our Direction of Election; subject- to The limita- tions a'nd' additions set forth therein "to determine whether they desire to be represented by the Pattern Makers League or by the U. A. W. If a majority of the wood , metal, and plaster pattern makers, includ- ing model makers, select the Pattern Makers League as their repre- sentative , they will constitute a separate and distinct unit; if a major- ity of them choose the U . A. W., then they shall be considered a part of the present industrial unit. 8 40 N. L. R. B 922 See also Matter of Bendia Pi oduets Diviston of Bendac Aviation Corporation and Pattern Makers Leaque of Troth Aueer,ca , South Rend Association, affil- iated with the A • F. of L , 39 N. L R B 81. •r THE GOODYEAR AIRCRAFT CORP. DIRECTION OF ELECTION 373 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section,9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that; ns part oftthe investigation to ascertain representa- tives for the purposes of collective bargaining with Goodyear Aircraft Corporation, Akron, Ohio, an election by secret ballot shall be con- ducted as early as possible, but not later'than thirty (30) days from the date of this Direction of Election, under the direction and super- vision of the Regional Director for the Eighth 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 all wood, metal, and plaster pattern makers of the Company, including model makers, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who 'did not work during such pay-roll period- because they were ill or on vacation or in the active military service or training of the United States, or-temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by Pattern Makers League of North America (AFL) or by International Union, United Automobile, Aircraft and Agricul- tural Implement Workers of America, Local No. 856, affiliated with the C. I. 0., for the purposes of collective bargaining, or by neither. CHAIRMAN MJLLIS took no part in the consideration of the above Decision and Direction of Election. i