Solar Aircraft Co.

,In the Matter of SOLAR AIRCRAFT COMPANY and, INTERNATIONAL ASSOCIATION OF MACHINISTS , A. F. OF L., DISTRICT No. 118 and NATIONAL UNION OF THE UNITED AIRCRAFT WELDERS OF AMERICA, LOCAL No. 3 Cases, Nos. R-4910 and R-4911.-Decided March ,17, ,1943 Jurisdiction : aircraft engine parts manufacturing. Practice and Procedure : petition dismissed without prejudice when company anticipated expanding its operations, present operations were of a limited nature, and a representative group of employees was not at work. Messrs. L. H. Wilson and D. M. ,Miller, of Des Moines, Iowa, for the Company. Mr. P. L. Siemiller, of Des Moines, Iowa, for the I., A. M. Mr. Robert D. Jackson, of Des Moines, Iowa,.for the Welders. Mr. George H. Rose, of Des 'Moines, Iowa; for, the C. J. O. Mr. Glenn L. Moller, of counselto the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by International Association of Machinists, A. F. of L., District No. 118, herein called the I. A. M., and by National Union of The United Aircraft Welders of America, Local No: 3, herein called the Welders, -alleging that questions affecting commerce had arisen concerning the representation of employees of Solar Aircraft Company, Des Moines, Iowa, herein called the Company, the Board thereafter consolidated the cases and provided for an appropriate hear- ing upon due notice before Harry Brownstein, Trial Examiner. Said hearing was held in Des Moines, Iowa, on February 17 and 18, 1943. At the hearing a motion to intervene in the proceeding was filed by International Union, United Automobile, Aircraft &-Agricultural Im- plement Workers of America, C. I. 0., herein called the C. I. O. This request was granted without objection. The Company, the I. A. M., the Welders, and the C. I.. O. appeared, participated, and were af- forded full opportunity to be heard, to examine and cross- examine 48 N. L R. B., No 28. 242 SOLAR AIRCRAFT 00A1PANY y 243 witnesses, and to introduce' evidence bearing upon • the issues. The Trial Examiner's rulings made at the hearing are, free from .prejudi- cial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : A FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Solar Aircraft Company is a California corporation with its prin- cipal office and''place of ,business in San Diego,' California. It is engaged in the manufacture of aircraft engine parts which are shipped to other aircraft manufacturing plants for installation on military aircraft. The Company operates a plant at Des Moines, Iowa, as well as' plants in the West Coast area. The Des Moines plant is the only plant of the Company involved in this proceeding. During the last 6 months of 1942 the Company purchased for use at the Des Moines plant, raw materials valued at more than $100,000, all of which were shipped to the plant from points outside the State of Iowa. During the same period the' Company shipped from the Des Moines plant to points outside the State of Iowa, finished products valued at more than $300,000. The Company admits that it is engaged in commerce within the meaning' of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association 'of Machinists, District No. 118, is a labor organization affiliated with the American Federation of Labor, admit-' ting to membership employees of the Company. National-Union of The United Aircraft Welders of America, Local No. 3, is an unaffiliated labor organization , admitting to membership employees of the Company. International 'Union, United Automobile, Aircraft & Agricultural Implement Workers of America, is a labor organization , affiliated with the Congress of Industrial Organizations , admitting to membership employees of the Company. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION Operations at the Des Moines 'plant began in October 1942, but were temporarily curtailed shortly thereafter due to a shortage of materials. By the end of November 1942 the Company had 340 employees. At the time of the hearing in February 1943, the number of employees on the pay roll had increased to 1,070, of whom,about 750 were ' within- the alleged appropriate units. The Company has 521247-43-vol. 48-17 244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD large war orders 'arid plans to 'expand its pay roll until it reaches about' 5,250 employees. At, the time of the hearing, this expansion was proceeding at a rate of about 400 per month. It appears, there- fore, that at the time of the hearing, only about 15 percent of ,the anticipated number of employees was employed. If expansion con- tinues at the present rate, 50 percent' of the anticipated total will be employed by about July 1943; and a full complement of employees will be employed by about November 1943.' In view of the present limited operations of the Company, we do not believe that a repre- sentative group of employees is now working at the plant. Further- more, in view 'of the rapid expansion of employment it is apparent that a substantial number of employees will in all likelihood be employed within a few months. We shall therefore dismiss the peti- tions without prejudice to their renewal at such time as a substantial proportion of the anticipated total pay roll is employed. ORDER • • Upon the basis of the foregoing findings of fact and the entire record in the case, the National Labor Relations Board hereby orders that the petitions for investigation and certification of representatives filed by International , Association of Machinists, District No. 118, affiliated with the American Federation of Labor and by National Union of The United Aircraft Welders of America, Local No. 3, be, and they hereby are, dismissed. ,ME. JOHN M.'HOUSTON took no part in the' consideration of the above Decision and Order. a •