Bendix Aviation Corp.

In the Matter of BENDIX AVIATION CORPORATION, Owosso DIVISION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AoRICuL- TURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO Case No. R-.1.6.Decided November 19, 1912 Jurisdiction : airplane parts manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to bargain with petitioner until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees with specified inclusions and exclusions. Mr. 01. A. Heidt, of South Bend, Ind., and Mr. George Stoll, of Owosso, Mich., for the Company. Mr. Maurice Sugar, and Mr. N. L. Smokier, of Detroit, Mich., for the Union. Mr. Joseph, E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union, United Automo- bile, Aircraft and Agricultural Implement Workers of America, affili- ated with the C. 1. 0., herein called the Union, alleging that a question affecting commerce had arisen, concerning the representation of em- ployees of Bendix Aviation Corporation, Owosso Division, Owosso, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice, before Max Rotenberg, Trial Examiner. Said hearing was held at Detroit, Michigan, on October 28, 1942. The Company and the Union_ ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce 'evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 45 N. L. R. B., No. 101. 675 0 676 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 4 Bendix Aviation Corporation, a Delaware corporation with its principal office located at South Bend, Indiana, is engaged in the, manufacture, distribution, and sale of airplane parts and accessories. The-Company owns and operates 20 manufacturing plants located in various States of the United States, including the plant located at Owosso, Michigan, which is involved herein. During the past 6 months the Company purchased commodities, goods and raw materials for use and manufacture at the Owosso Division Plant valued in excess of $500,000, approximately 90 percent of which was purchased from sources outside the State of Michigan. During the same period the Owosso Division Plant manufactured finished products valued in excess of $1,000,000, all of which was shipped to points outside the State of Michigan. For the past 24 months the Company has been .engaged almost entirely in the manufacture of war materials for the United States Government. The Company concedes it is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The parties stipulate that a question concerning representation has arisen by reason of the Company's refusal to recognize the Union until and unless the Union is certified by the Board. A statement of the Regional Director introduced in evidence at the hearing indicates the Union represents a, substantial number of employees in the unit hereinafter found to be appropriate., . We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning The Rrgional Director's statement concerning claims of authorization for the purpose of representation shows that the Union submitted 354 cards , of which 281 bore apparently genuine original signatures of persons whose names appeared on the Company 's pay roll of September 12. 1942. The cards were dated as follows : 47 in June 1942 ; 115 in July 1942 ; 64 in August 1942 ; 16 in September 1942; and 39 undated. There are about 445 employees in the appropriate unit. o ` BENDIX AVIATION CORPORATION '677 of Section 9 (c) and Section 2 (6) and (7) of the National, Labor Relations Act. ' • . IV.,' THE APPROPRIATE UNIT The parties agree, and we find, that all production and maintenance employees of the Company at its Owosso Division Plant, including indentured apprentices, group leaders, inspectors, receiving and ship- ping employees, powerhouse employees, toolroom employees, and crib attendants, truckers, stock-chasers, stockmen, and all other storeroom and stockroom employees; but excluding all office and clerical em- ployees, employees of sales, accounting, personnel, and industrial rela- tions departments, superintendents and assistant superintendents, general foremen, foremen, and assistant foremen, and all other employees acting in a supervisory capacity or having the right to hire or discharge, time-study men, plant protection (which shall include fire patrol employees), chief engineers, and further excluding all production estimating and planning engineers, draftsmen, detailers, chemists, metallurgists, timekeepers, cooperative students, professional employees who are receiving training, and kitchen and cafeteria em- ployees, constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has'arisen be resolved by an election by secret ballot among the em- ployees 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 purpose of collective bargaining with Bendix Aviation Corporation, Owosso Division, Owosso, Michigan, 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 Seventh 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, 678 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 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 and Agricultural Implement Workers of America, affiliated with the C. I. 0., for the purposes of collective bargaining. I