Northwestern Aeronautical Corp.

In the Matter' of NORTHWESTERN AERONAUTICAL CORPORATION and UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT, WORKERS OF AMERICA, LOCAL 722, C. I. O, Case No. R-5154.-Decided. May 4, 1943 Doherty, Rumble, Butler, Sulli^van,& Mitchell, of St. Paul, Minn.; by Messrs. J. C. Foote and R. J. Leonord, for the Company. Messrs. Douglas Hall, James E. Kirby and Carl L. Hallquist, of Minneapolis, Minn., for the U.A. W.-C. I. O. Messrs. William. D., Geinn and William F. Wright, of St. Piiul, Minn., for the A. F. of L. and' constituent unions. Mr. J. H. Bakken, of Minneapolis; Minn., for" the District Council, Mr. IV. T. Lee per, of Minneapolis, Minn., for the I. B. E. W. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF-ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Automobile, Air-' craft and Agricultural Implement Workers of America, Local 722, C. I. O.,' herein called the U.' A. W.-C. 1.-0., alleging that a question affecting commerce had arisen concerning `the representation of t6' employees of Northwestern, Aeronautical Corporation,- Minneapolis, Minnesota, herein called the Company; the National Labor Relations Board provided for an, appropriate `hearing upon due .notice 'before Harry Brownstein, Trial' Examiner. 'Said hearing,was held at Min-' neapolis, Minnesota; on April' 8, l943. "The' Company, the U. A. W.- C. I. 0., the American 'Federation of Labor, herein ' called the A. F. of L.,1 the Twin City Carpenteirs''District Council (A. F. L.), herein called the District Council, and the International Brotherhood of Electrical' Workers (A. F. L.),- herein called the I. B. E. W:; ' appeared, participated, and were afforded full opportunity to be 1 The A. F.,, of L. represented ; itself, the .International Association of, Machinists, the, District Council and its constituent unions, and the I. , B.,E, W., at the hearing. 49 N. L. R. B., No. 57. 432 NORTHWE 'STERN' AE'RON'AUTICAL CORPORATION- - 433 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 prejudicial error-and are hereby affirmed.. Upon the entire record in the case, the Board makes the following:' FINDINGS OF FACT I. THE -BUSINESS OF THE COMPANY. Northwestern Aeronautical Corporation, a Minnesota corporation,' has its office and principal place of business-at Wold-Chamberlain Field, Municipal • Airport, Minneapolis, Minnesota. The Company is engaged in the• production by fabrication and assembly of gliders for the United States Army Air Force under primary contract. The Company purchases from a variety of sources throughout the United States the ' raw materials 'and semi-manufactured parts used by its subcontractors in the manufacture of component parts, and such raw and finished materials as the Company uses itself, in its assembling and finishing operations. Numerous subcontractors of the Company have'their places'of business and inanuf acturing -plants without the State 'of' Minnesota. - Title reside's in the United States Government throughout the various manufacturing processes, whether accom- plished by the subcontractors or by the Company, and delivery to the United States Government is effected at the Company's plant after the completion of the assembly operations. The Company contends that because of these arrangements, with the United States Govern- ment it 'is not, engaged in interstate commerce within the meaning of the National. Labor Relations Act. However, in view of the fore- going, we find that the Company is engaged in commerce within the meaning of the Act.' II. THE ORGANIZATIONS INVOLVED United Automobile, Aircraft and Agricultural Implement Workers, of America, Local,722, is a labor organization affiliated' with the Con- gress of Industrial Organizations, admitting to membership em- ployees of the Company. American Federation of Labor is a labor organization, admitting to membership employees of the Company. . Twin City Carpenters' District Council is an organization com-__ posed of various constituent local unions 'of the American' Federation of Labor, admitting to membership employees of 'the Company,: I l See Matter of Certain-Teed Products Corporation and Order of Railu ad Conductors,. 48 N ; L R. B., 43; .Matter of United States Cartridge Company and International , Brotherhood of Dlectracal Workers, Local Union No. 1, 4.'F• of L, 42 N. L, R. ^B ,191, citing N. L.,R., B v. Fainblatt, 306 U S. 601.- , 434 DECISIONS OF NATIONAL LABOR RELAMONS BOARD International Brotherhood'of Electrical Workers is' d labor organi- zation affiliated with the,American Federation of Labor; adthittirig to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about February 20, 1943, the U. A. W.-C. I. O. informed the Company by letter that it represented a majority of the Company's 'production employees and requested a. conference for the purposes of collective bargaining . After repeated attempts on, the part of the -U: A. W.-C. I. O., the Company failed to make available representa- tives for such a conference , and the petition herein was thereupon filed. A statement of the Regional Director , introduced into evidence at the hearing,, together with, a statement of the Trial Examiner made at the hearing, indicate that the U. A. W.-C. I. O. represents a sub- stantial number of employees in the unit hereinafter found appro- priate.3 • 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 U: A. 'W.-C. I. O. claims as appropriate a bargaining unit' composed of the Company's production and maintenance employees. The Company contends that its operation s' are "so highl'y'integrated with those of its two principal subcontractors that the unit should include their- two' plants with the Company's plant, thus constituting a 3-plant unit. There is a further controversy as to the inclusion in the unit of two categories of employees discussed below. The A. F. of L. is in accord with the U. A. W.-C. I. O.'s position through- out: All parties are agreed on the exclusion of supervisory, employees having the right to hire and discharge. The Company, as stated above, employs numerous subcontractors to manufacture and process various parts which it assembles into the finished glider. The two major contractors which the Company thus employs are the Villaume Box & Lumber Company, St. Paul,'Minne- 3The Regional Director reported that the U. A w-C I 0 submitted 367 designations of which 321. all bearing apparently genuine original signatures , correspond with names on the Company 's pay roll of March 27', 1 943, containing' 628 names The Trial Examiner reported that the U . A. W-C. I. O. submitted an additional 27 designations of which' 19, all b'ear'ing apparently genuine' original -signatures , correspond with' names on-tle ' aforesaid pay, roll. The,Regional Director` reported that the A .' F.•of L ' submi£ted` 48''dd4lgnations of which' 41 all bearing 'apparently genuine original signatures correspond with names' on the above' company pay roll. , ' ` i I NORT'HWE'STERN AE-RO 'NAUTICAL CORPORATION - 435 sota, herein called the Villaume Company , and the DePonti Aviation Company, Minneapolis , Minnesota , herein called the DePonti Com- pany. The DePonti Company's entire output , metal parts, is em- ployed • in `6e Company's operations . The Villaume Company manufactures wood parts ;.,approximately,80 percent of its entire out- put goes to the Company: The Company exercises control over the operation of the minor contractors by means of expediters and in- spectors, but its relation to the Villaume and DePonti Companies is much closer. Prior to January 1 , 1943, when the Army changed from a system of remunerating the Company on a time basis to a 'fixed price basis, the Company hired employees for the Villaume apd DePonti Companies and there was some interchange of personnel. The Company continues to advise the Villaume and DePonti Com- panies on personnel problems, its control over the former being much greater than over the latter as a result of a contract, dated March 11, 1943, permitting the Company to supervise all Villaume production activities . The Villaume and DePonti Companies , as well as the other subcontractors, are separate corporate entities, and are located 12 miles and 5 miles away, respectively, from the Company's plant. The Company compensates the Villaume and DePonti Companies for the value of the operations they perform on a fixed price basis, the same lnod'e of payment used by the Company to compensate most of its other subcontractors . Although the Villaume and DePonti Com- panies' operations are closely connected with the Company 's, such integration as exists differs in degree rather than in kind from the Company's relation to the other subcontractors . The employees' of the Company can function effectively as a collective bargaining unit. It further appears that the Villaume Company has 'been under con- tract for a number of years with the Mill and Cabinet Workers, A.' F. of L. Accordingly , <i'e find that a unit limited to employees of the Company is appropriate. Store clerks : Both the' -U. A. W.-C. 1. ' O.' and the A . F. of L. desire the inclusion of a group of store clerks whom the Company urges should be excluded . These store clerks consist of from 20 to 40 stock clerks who make np orders on requisition from either subcontractors or production units, package them and deliver ' them to the production units, when that is their destination , and about 60 stock distributors who are responsible' for receiving material and sorting pit, among the various racks , bins ' and storage compartments. A substantial portion of the duties of both categories of store clerks is manual and`they also do the clerical work involved. They are responsible to the man- ager of the" purchasing ' department . These store `clerks are hourly paid, as are the production , and maintenance employees,'whose general working conditions are the same, although the store clerks' wage 511 647-43-vol 49-29 436 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD scale, is' generally lower. We -shall 'include the store clerks in the ' unit,'since their duties are closely connected with those of production employees.4 • . , Traveling inspectors:- The traveling inspectors, of whom there are about 5, perform a major portion of their work outside the Company's plant. They travel among the various subcontractors of the Com- pany,,inspecting the .work, being performed for the Company.. The U. A. W.-C. I. O. and.the-A.' F. of L. desire that they be excluded from the unit. The 50 regular inspectors remain on the Company's premises and are under the supervision of the, chief, inspector, while the traveling inspectors are under the supervision of the purchasing department. We shall exclude the traveling inspectors. We find that all production and maintenance employees employed at the Company's plant, Minneapolis, Minnesota, including leadmen (foremen 11) -and store clerks, but,excluding superintendents and assistant'•superintendents, general foremen, foremen, assistant fore- men, and all persons in asupervisory capacity -with the right to .hire or discharge or recommend-hire or discharge, time-study men, plant- protection employees, designing, production, estimating and planning engineers, drafting employees, office' and clerical employees, and travel- ing inspectors; constitute a unit appropriate for the purposes 'of col- lective bargaining within the meaning of Section 9- (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES J 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 are employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction., - I - 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 Relation's Act,, and pursuant to Article III, Section 9, of National Labor Rela- * Matter of Colonial Sugars Company , Gramercy Refinery and United Sugar Workers Local Industrial Union, affiliated with Congress of Industrial Organizations , 39 N L R B 417; Matter of Ohio Ferro-Alloys Corporation and Steel Workers Organizing Committee, Local 2626, C I 0 , 41 N L R B 103; Matter of Houdaille -Hershey Corpoi aioon and UAW- CIO, Local 850, 43 N. L R B. 726 ' The U. A. W -C I. O.'s request to be designated on the ballot as "U A. W.-C I. 0., Local 722" Is hereby granted. The A F. of L has requested that it be designated on the ballot as "A. F of L " and it stated that its constituent unions do not desire to appear on the ballot . Those constituent unions which also appeared in this proceeding , the District Council and the I. B Pl W, waived their claim to, appear on ' the ballot Accordingly , the A. F._of L's request is granted and it shall be designated as "A F. of L." on the ballot. NORTHWESTERN AERONAUTICAL CORPORATION 437 tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRE'C'TED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Northwestern Aeronautical Corporation, Minneapolis, Minnesota, 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 Eighteenth 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 per- son at the polls, but excluding any who have since quit or been dis- charged for cause, to determine ' whether tliey desire to be represented by U. A. W.-C. I. 0., Local 722, or by the A. F. of L., for the purposes of collective bargaining,, or by neither. 6