The Aviation Corp.

In the Matter of REPUBLIC AIRCRAFT PRODUCTS DIvIsIoN-THE AVIA- TION CORPORATION and AMALGAMATED PLANT PROTECTION LOCAL 114, U. A. W.-C. I. O. In the Matter of REPUBLIC AIRCRAFT PRODUCTS DIVISION-THE AVIA- TION CORPORATION and AMALGAMATED PLANT PROTECTION LOCAL 114, U. A. W.-C. I. O. Cases Nos. R-4841 and R-4842, respectively.-Decided February 22,. 1943 Jurisdiction : aircraft parts manufacturing industry. Investigation and Certification of Representatives : existence of question: recog- nition refused on ground that plant protection employees did not comprise appropriate bargaining units under the circumstances ; election necessary. Units Appropriate for Collective Bargaining : separate units held appropriate for (1) all plant protection employees at Federal Avenue plant, excluding chief of, plant protection and confidential clerks, and (2) all plant protection em- ployees at York Street plant, excluding chief of plant protection and confi- dential clerks. Mr. Maurice Sugar and Mr. Ernest Goodman, of Detroit, Mich., for the Union. Mr. William C. Baisinger; Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions and amended petitions duly filed by Amalgamated Plant Protection Local 114, U . A. W.-C. I. 0., herein called the Union, alleging that questions affecting commerce had arisen concerning the representation of employees of Republic Aircraft Products Division- The Aviation Corporation , Detroit, Michigan , herein called the Com- pany, at the Company 's plants located at 5914 Federal Avenue and 441 York Street, Detroit, Michigan , herein respectively called the Federal Avenue and York Street plants, the National Labor Relations Board provided for an appropriate hearing upon dues notice before Robert J. Wiener, Trial Examiner. Said hearing was held at Detroit, 47 N. L. R. B., No. 114. 892 - REP-U'BLIC AIRCRAFT -PRODUCTS DIVISION 893 Michigan, on February 5, 1943. The Union appeared' and partici= pated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce, evidence bear- ing 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 Republic Aircraft Products Division-The Aviation Corporation, is a Delaware corporation operating plants located at 5914 Federal Avenue and 441 York Street, Detroit, Michigan, where it is engaged in the manufacture, sale, and distribution of precision parts for air- plane motors and propellers. From August 1, 1940, to February 27, 1941, the Company purchased raw materials valued in excess of $100,000, more than 50 percent of which was shipped to its Detroit plants from points outside the State of Michigan. During the same ,period, the Company sold finished products valued in excess of $100,- 000, more than 50 percent of which was shipped from its Detroit plants to points outside the State of Michigan.2 H. THE ORGANIZATION , INVOLVED Amalgamated Plant Protection Local 114 , U. A. W.-C. I. 0., is a labor organization, affiliated with the Congress of Industrial Organ- izations, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION Early in December 1942 , the Union advised 'the Company that it represented a majority of the Company's plant protection employees in each of the two plants herein involved and requested recognition as the bargaining representative of such employees . By a letter dated December 21, 1942, the Company refused to grant the requested recognition , stating that it was of the opinion that the plant protec- 1The Company did not appear at the hearing although- it had been duly notified and the heating, which was originally scheduled for February 3, 1943, was postponed to February 5, •.,3943, to accommodate the Company. °'%''^ '.I, 2 The above stated facts concerning the operations 'of the Company are set forth in Matter of Republic Aircraft Products Divssion-The Aviation Corporation and International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, 30 N L R B 269 In the cited case, the Company admitted that it was engaged in commerce within the meaning of the National Labor Relations Act. A letter dated January 9, 1943, addressed to Howard W Klceb, a Field Examiner of the Board, and signed by Dir. John L Loell, personnel director of the Company, read into the record at the hearing, states that the present operations of the Company are sabstantially the same as set forth in the cited decision and that the Company admits that it is engaged in commerce within the meaning of the Act 894 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion employees at its Federal Avenue and its York Street plants did not comprise appropriate bargaining units for the reason that they are confidential employees and civilian auxiliaries of the military police. A statement of the Regional Director, introduced in evidence at the'hearing, indicates that the Union represents a substantial number of employees in the units hereinafter found appropriate for each of the plants,herein involved., We find that questions affecting commerce have arisen concerning the representation of employees of the Company at its Federal Avenue and York Street plants, within the meaning of Section,9 (c) and Section 2 (6) and (7) of the Act. IV: T14E.APPR0PRIATE UNITS - - The Union seeks two separate bargau ing units, one composed, of all of -the plan protection employees employed, at the Federal Avenue plant, and the other to consist of all plant protection employees em- ployed at the York Street plant, excluding in each instance the chief and confidential clerks. Inasmuch as the Company failed to appear at the hearing, its position with respect to the appropriateness of the units sought by the Union can only be inferred from the contents of its letter to.the Union described in Section III, above. We find the Com- pany's position as set forth in the letter of December 21, 1942, to be without merit-for•reasons Ave have heretofore stated in similar cases.4 - The two plants involved in this proceeding are located approxi- mately 5 miles apart in the.city of Detroit, Michigan. It appears that there is one chief of plant protection who is in charge of the plant protection departments at both of the Company's plants. There are approximately three employees employed in the plant protection de- partment at the Federal Avenue plant and one at the York Street plant, classified as confidential clerks, whom the Union desires excluded. The duties of these employees -are essentially, supervisory in nature. They work directly ulider, the chief of plant protection, and are respon- sible for the proper execution of his orders. by the guards and patrol- men who comprise the remainder of the plant protection force. Inas- 'The Regional Diiector states that 5 of the membership application cards submitted by the Union bear apparently genuine signatures of persons whose names appear on the Company's pay roll of December 22, 1942, which contains the names of 14 employees in the alleged appropriate unit at the Federal Avenue plant; and that 8 of the applications for membership cards submitted by the Union bear apparently genuine signatures of persons whose names appear on the Company's pay roll of December 22, 1942 , which pay roll contains the names of 9 employees in the alleged appropriate unit at the York Street plant. 4 Matter of Chi ysle, Corporation, Highland Park Plant and Local 114, United Automobile, Aircraft and Agrioultural Implement Workers of America, afliated with the C. I. 0., 44 N L R L' 881, and subsequent cases REPUBLIC AIRCRAFT PRODUCTS DIVISION - 895 much as these employees perform supervisory functions, we shall exclude them from the units hereinafter found appropriate. Accordingly, we find that-the following employees constitute units appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act : (1) All plant protection employees at the Federal Avenue plant of the Company, exchuliiig the chief of plant protection and confidential clerks. (2) All plant protection employees at the York Street plant of the Company, excluding the chief of plant protection and confidential clerks. V. THE DETERMINATION OF REPRESENTATIVES We shall direct 'that the questions concei-Wing representation which have arisen be resolved by elections by secret ballot among the em- ployees in the appropriate units who were employed during the pay-roll period immediately preceding the date of our Direction of Elections herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relatioiis Board by Section 9 ( c) 'of the National Labor Relations Act, and pursuant to Article III, Section 9, of Nationa^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 Republic Aircraft Products Division-The Aviation Corporation, Detroit, Michigan, elections 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 Regula- tions, among the employees in tlib' units-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 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 employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Amalgamated Plant Protection Local 114, U. A. W.-C. I. 0., for the purposes of collective bargaining.