Tennessee Aircraft, Inc.

In the Matter of TENNESSEE AIRCRAFT, INC. and AERo LODGE 735, INTERNATIONAL ASSOCIATION OF MACHINISTS (A. F. OF L.). Case No. R-1457.Decided November 13, 1942 Jurisdiction : aircraft parts manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize petitioner until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, including truck driver and employees in department called "Mate- rial, Stockroom Clerks, Tool Chasers, etc.", but excluding administrative, super- visory and clerical employees, timekeepers, guards, inspectors, shipping and receiving clerks, and the nurse. Mr. Al. A. Prowell, for the Board. Mr. John J. Hooker and Mr. K. Harlan Dodson, of Nashville, Tenn., for the Company. Mr. James F. Leahy, of Knoxville, Tenn., and Mr. J. ll. Shelton, of Nashville, Tenn., for the Union. Mr. Seynwur J. Spelman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMIrNT OF THE CASE Upon petition duly filed by Aero Lodge 735, International Associa, tion of Machinists (A. F. of L.), herein called the Union, alleging that- a question affecting commerce had arisen concerning the representation of employees of Tennessee Aircraft, Inc., Nashville, Tennessee, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before James C. Batten, Trial Examiner. Said hearing was held at Nashville, Tennessee. on October 27, 1942. The Company and the Union 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- dicial error and are hereby affirmed. 45 N. L R B., No. 85. 589 590 DECISIONS OF -NATIONAL LABOR RELATIONS. BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Tennessee Aircraft, Inc., a Tennessee corporation, having its office and plant in Nashville, Tennessee, is engaged in the manufacture and sale of aircraft parts. During the first 10 months of 1942, the Com- pany purchased raw materials valued at approximately $70,000, about 15 percent of which was shipped to its Nashville plant from points outside the State of Tennessee. During the same period, the Company ' produced finished products valued at more than $100,000, approxi- mately 98 percent of'which was shipped to places outside the State of Tennessee. II. THE ORGANIZATION INVOLVED Aero Lodge 735, International-Association of Machinists is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION, CONCERNING REPRESENTATION On August 27 and September 15, 1942, the Union wrote to the Com- pany, requesting recognition as the exclusive bargaining agent for the Company's production and maintenance employees, stock clerks and inspectors. The Company made no reply to these letters. At the hearing, the Union was permitted to amend its petition to exclude inspectors from the desired unit, and the Company then stated that its position was unchanged; that it would not recognize the Union with- out certification by the Board. A statement of a Field Examiner, introduced in evidence at, the hearing, shows that the Union represents a substantial, number of employees in the unit hereinafter found 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 National Labor Relations Act. IV. THE APPROPRIATE -UNIT 11 We find, in accordance with a stipulation of the parties, that all production and maintenance employees, including the truck driver I The Field Examiner stated that the Union submitted 150 authorization cards, all bearing apparently original signatures and, except for 14 undated cards, dates from June to September 1942. Of these, 101 bear the apparently genuine signatures of persons whose names appear on the Company's pay roll of October 1, 1942, which contains 257 employees in the appropriate unit. TENNESSEE AIRCRAFT, INC. 591' and employees in the department called "Material, Stockroom Clerks, Tool Chasers, etc," but excluding administrative, super- visory and clerical employees, timekeepers, guards, inspectors, ship- ping and receiving clerks and the nurse, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of ,Section 9 (b) of the Act.2 V. THE DETERMINATION OF REPRESENTATIVES The Union requested that eligibility to vote be determined by refer- hence to the pay roll ending September 15, 1942. Since no sufficient reasons appear for departing from our customary 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 period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives, for the purposes of collective bargaining with Tennessee Air- ,craft, Inc.; Nashville, Tennessee, an 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 and supervision of the Regional Director for the Tenth 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 appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said 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 or not they desire to be represented by Aero Lodge 735, International Association of Ma- chinists (A. F. of L.), for the purposes of collective bargaining. The Company stated that it expects to establish a new department which will be devoted to making time , cost and engineering studies. Since this department is not yet in existence, we make no determination in this proceeding in respect to the inclusion or exclusion of these prospective employees.