Bendix Aviation, Ltd.

In the Matter of BENDI% AVIATION, LIMrrm and INTERNATIONAL UNION, UNITED AUTOMOBILE' I AIRCRAFT AND AaRIcuI TuRAL IMPLE- MENT WORKERS OF AMERICA, LocAL 24 (UAW-CIO) Case No. R-5782.-Decided August $1, 1943 Messrs. Leonard Comegys, J. R. Haney, and A. F. Malmquist, of North Hollywood, Calif., for the Company. Katz, Gallagher & Margolis, by Mr. Milton R. Tyre and Mr. James Carbray, of Los Angeles, Calif., for the UAW-CIO. Mr. Maurice G. Barwick, of North Burbank, Calif., for the BEI. Mr. Roy M. Brown, of Los Angeles, Calif., for the IAM. Miss Frances Lopinsky, 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, Local 24 (UAW-CIO), herein called the UAW-CIO, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Bendix Aviation, Limited, North Hollywood, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George H. O'Brien, Trial Examiner. Said hearing was held at Los Angeles, California, on July 27,1943. The Company, the UAW-CIO, Bendix Employees, Inc., herein called the BEI, and International As- sociation of Machinists, herein called the IAM, appeared, partici- pated, and were afforded full opportunity to be 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. All parties were afforded opportunity to file briefs with the Board. 52 N. L. R. B., No: 13. 59 60 DE'CISION'S OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Bendix Aviation, Limited, a California corporation, is a wholly owned subsidiary of Bendix Aviation Corporation. It has a plant located at 11600 Sherman Way, Ngrth Hollywood, California, where it manufactures and sells hydraulic and radio 'equipment for aircraft,' and a subcontracting division located ' at 6451 Lanker'sliim, North' Hollywood. Employees of both of these plants are involved in this proceeding. During the fiscal year ending September 30, 1942, the Company purchased raw materials aggregating more than $10,000 in value, about 50 percent of which originated outside the State of Cali- fornia. During the same period the Company sold finished products aggregating more than $10,000 in value. Substantially all of its prod- ucts ultimately go to the United States Government. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 24, affiliated with the Congress of Industrial Organizations and International Association of Ma- chinists, unaffiliated, are labor organizations admitting to membership employees of the Company. Bendix Employees, Inc., is a labor or- ganization in process of being absorbed by the IAM. III. THE QUESTION CONCERNING REPRESENTATION On June 8, 1943, the UAW-CIO requested recognition as the ex- clusive bargaining representative for the Company's truck drivers and the Company refused to accord such recognition. A statement of the Field Examiner, introduced into evidence at the hearing, indicates that the UAW-CIO represents all of the truck drivers and motorcycle men employed by the Company in its two North Hollywood plants.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. 1 The UAW-CIO submitted nine application-for-membership cards, all bearing apparently genuine original signatures , all of which are names of employees listed on the June 15, 1943, pay roll which includes names of nine persons listed as truck drivers and motorcycle men. Six were dated May 1943 and three were undated . The JAM as successor to the BEI represents a substantial number of employees in the plant . They have no membership among the truck drivers having solicited none ; in accordance,with=the limited jurisdiction of the BEI. BENDIX AVIATION, -LIMITED 61, IV. THE APPROPRIATE UNIT; THE DETERMINATION) OF REPRESENTATIVES The UAW-CIO contends for a unit of truck drivers and motorcycle drivers excluding those above the grade of leadman employed at the Company's two North Hollywood plants. The Company, the BEI, and the IAM contend for a unit of all hourly paid employees including truck drivers and motorcycle drivers. The BEI was certified as bargaining representative for the Com- pany's employees in 1941, as the result of a consent election which it won. At that- time-it sought to represent the truck drivers in the pro- duction and maintenance unit. It excluded them at the suggestion of a Board representative. In July 1942, prior to the BEI's second certifica- tion by the Board, 2 the question of truck drivers again arose and they were excluded to effect a compromise between the parties to that pro- ceeding. Although the BEI's two contracts did not profess to cover truck drivers, the Company accorded them all of the benefits of the contracts. During the period covered by' the contracts, however, the Company from time to time did meet and negotiate with the truck drivers as a separate group. The BEI contends that it was at all times desirous of bargaining for the truck` drivers but was precluded from doing so by the above-mentioned proceedings. The IAM, as successor to the BEI, takes the same position. Truck drivers and motorcycle drivers drive, load and unload their vehicles. They are hourly paid employees. Their foreman is also foreman of the shipping department, employees of which are included in the maintenance-production unit. Their work is for the most part outside the plants. There are no leadmen among them. Since the truck drivers have not been included in the established unit but have for certain purposes bargained for themselves, and since their work is sufficiently separable from that of the production-main- tenance employees, we believe that a separate unit of truck drivers and motorcycle drivers may be appropriate. However, in view of the de facto bargaining history of the truck dri^rers in the industrial unit and the similarity of their working conditions, hours, pay. and privileges to those of other hourly paid employees of the Company, we believe an industrial unit including truck drivers may also be ap- propriate. The IAM's failure to show membership among the truck drivers may be traced to the restricted jurisdiction of the BEI which deprived the truck drivers of a choice between the two appropriate units, and we shall, therefore, accord it to a place on the ballot. We find that the truck drivers and motorcycle drivers of the Com- pany's two North Hollywood plants, excluding all supervisors hav- ing authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend Y Consent election held August 28, 1942 ; run-off election held September 10, 1942. 0 62 DECCTSIONS OF NiATIONAL LABOR RELMI'IONS BOARD such action may, constitute an appropriate unit within the meaning of Section 9 (b) of the Act if they so desire. We shall direct an election among them. If the truck drivers and motorcycle drivers select the UAW-CIO, they will thereby, have indicated their desire to constitute a separate unit. If they select the IAM, they will have indicated their desire to be included in. the general maintenance and production group. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the fore- going employees who were employed during the pay-roll period im- mediately 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 Sectio$ 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Re- lations Board Rules and Regulations-Series 2, as amended, it is hereby DruxTrm that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bendix Aviation, Limited, North Hollywood, 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 super- vision 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 truck drivers and motorcycle drivers of the Company's two North Hollywood plants 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 em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees, or effectively recommend such action, and those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by In- ternational Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 24, affiliated with the Congress of Industrial Organizations, or by International Association of Ma- chinists, for purposes of collective bargaining, or by neither. CHAIRMAN MiLLis took no part in the consideration of the above Decision and Direction of Election. 0