Solar Aircraft Co.

In the Matter of SOLAR AIRCRAFT Co. and INTERNATIONAL ASSOCIATION OF MACHINISTS, AERONAUTICAL LODGE 685, A. F. of L. Case No. R-5133.-Decided April X3,1943 Mr. Clifton A. Hix, of San Pedro, Calif., Mr. Roy M. Brown, of South Gate, Calif., Mr. L. E., Poesnecker, and Mr. Harry H. Park, of San Diego, Calif., for the I. A. M. Mr. Burton D. Wood, Mr. Ralph W. Wallace and Mr. Edward TV. Craft, of San Diego, Calif., for the Association. Mr. Milton S. Tyre, and Mr. William. P. Goodman, of Los Angeles, Calif., for the U. A. W.-C. I.-O. Mr. Louis Cokin, of counsel to the Board. DECISION AND - DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by International Association of Machinists, Aeronautical Lodge 685, A. F. of L., herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the representation of employees of Solar Aircraft Co., San Diego, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Daniel J. Harrington, Trial Examiner. Said hearing was held at San Diego, California, on April 1, 1943. At the commence- ment of the hearing the Trial Examiner granted a motion of Inter- national Union, United Automobile, Aircraft & Agricultural Imple- ment Workers of America, herein called the U. A. W.-C. I. 0., to intervene. The I. A. M., the U. A. W.-C. I. 0., and Solar Employees Association, herein called the Association, appeared at and participated in the hearing, and all parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues.' The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. ' The Company did not enter a formal appearance at the hearing but participated through one of its representatives. 49 N. L. R. B., No. 7. 46 SOLAR AIRCRAFT CO. 47 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Solar Aircraft Company, is a California corporation with its prin- cipal place of business at San Diego, where it is engaged in the manu- facture of exhaust manifolds, cowls, and sundry parts for aircraft. The Company purchases raw materials valued in excess of $215,000 annually, approximately 95 percent of which is shipped to it from points outside the State of California., and manufactures finished prod- ucts valued in excess of $715,000 annually , approximately 85 percent of which is shipped to points outside the State of California. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Association of Machinists, Aeronautical Lodge 685, is a labor organization affiliated with the American Federation of Labor, 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. Solar Employees Association is an unaffiliated labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 18, 1943, the I. A. M., claiming to represent a majority of the Company's employees, requested the Company to recognize it as the exclusive representative of such employees. The Company refused this request on the ground that it was operating under a contract with the Association. On March 31, 1942, the Company and the Association entered into an exclusive bargaining contract 2 The contract provides that it shall remain in full force and 'effect until 90 days after the Armistice in the present war. Inasmuch as the contract has been in effect for over a 9 The I. A. M contended at the hearing that the Association was no longer in existence and that the Association had assigned its property to the I. A! M . The Association appeared at the hearing by separate counsel, presented authorization cards to the Trial Examiner showing that 356 employees of the Company had designated the Association as their bargaining representative since the alleged dissolution, and evidence -introduced at the hearing shows that no steps had ever been taken to legally dissolve the Association. We find that the Association is still in existence for the purposes of this case. i 48 DECISIONS OF. NATION'AL LABOR 'RELATIONS BOARD period of 1 year, and inasmuch as it is for an indefinite period of time, we find that it does not constitute a bar to a determination of repre- sentatives at this time. A statement of an agent of the Board, introduced into evidence at the hearing, indicates that the I. A. M. represents a substantial number of employees in the unit hereinafter found to' be appropriate.g - 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 Act. IV. THE APPROPRIATE UNIT The I. A. M. contends that all-production, maintenance, spot welding machine operators, tool design employees, timekeepers, direct and in- direct stores employees, inspection and shipping department em- ployees, and production planning department employees at the San Diego and National City plants of the Company, including regular part time employees, but excluding office, clerical, inspection, and ship- ping employees, dispatch clerks, plant guards, research and engineer- ing department employees, supervisory employees having the authority to hire and discharge, and welders who are engaged more than 50 percent of their time as oxy-acetylene, oxy-hydrogen, electrical are welders employed to do fusion welding, gas torch cutters, helpers, and apprentice welders, constitute a unit appropriate for the purposes of collective bargaining. The only controversy with respect to the unit concerns regular part time employees. The Company employs approximately 70 persons classified by it as regular part time employees. The record indicates that such em- ployees work 4 hours each day and full time on Saturday. Such em- ployees are considered permanent by the Company and perform the same type of work as employees admittedly in the unit. The U. A. W.- C. I. 0. requests that they be excluded from the unit and the I. A. M. and the Association that they be included. The Company took no position with respect to these employees. We find that all regular part time employees should be included in the unit. We find that all production, maintenance, spot welding machine oper- ators, tool design employees, timekeepers, direct and indirect stores employees, inspection and shipping department employees, and pro= duction planning department employees at the San Diego and National 8 The Board agent reported that the I A. M. presented 1,523 authorization cards bearing apparently genuine signatures of persons alleged to be employees of the Company. No check was made of these -cards against a pay roll because of the Company 's failure to, submit one. The Trial Examiner reported that the Association presented 356 authorization cards beating apparently genuine' signatures of persons alleged to be employees of the Company , and that the U A w.-C I. 0. presented 62 authorization cards bearing appar- ently genuine signatures of persons alleged to be employees of the Company . There are approximately 1,700 employees in the appropriate unit. SOLAR AIRCRAFT CO. 49 City plants of the Company, including regular part time employees, but excluding office clerical, inspection, and shipping employees, dis- patch clerks, plant guards, research and engineering department em- ployees, supervisory employees having the authority to hire and dis- charge, and welders who are engaged more than 50 percent of their time working as oxy-acetylene, oxy-hydrogen, electrical arc welders employed to do fusion welding, gas torch cutters, helpers, and appren tice welders, constitute a unit appropriate for the purposes of collec- tive 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 means of 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 Relations Act, and pursuant to Article III, Section, 9, of the 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 Solar Aircraft Co., San Diego, California, 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 Twenty-first 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 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for, cause, to determine whether they desire to be represented by International Association of Machin- ists; Aeronautical Lodge 685, A. F. of L., by International Union, United Automobile Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, or by Solar Employees Association, for the purposes of collective bar- gaining, or by none of said organizations.