General Aviation Equipment Co., Inc.

In the Matter of GENERAL AVIATION EQUIPMENT CO., INC., METALLIC LINK DIvIsIoN, and DISTRICT #50, U. M. W. OF A. Case No. B-5809.-Decided September 3, 1943 Mr. A. R. Kerr, of Wilkes-Barre, Pa., for the Company. Mr. Frank Sobers, of Kingston, Pa., and Mr. Philip Bolen, of Wilkes-Barre, Pa., for District 50. Mr. Joseph M. Walsh, of Wilkes-Barre, Pa., and Mr. Joseph Lynch, of New York City, for the UAW. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by, District #50, United Mine Workers of America, herein called District 50, alleging that a question affecting commerce had arisen concerning the representation of employees of General Aviation Equipment Co., Inc., Metallic Link Division, ,Wilkes-Barre, Pennsylvania, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Robert H. Kleeb, Trial Examiner. Said hear- ing was held at Wilkes-Barre, Pennsylvania, on August 10, 1$43. The Company, District 50, and Local 357, United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-CIO), herein called the UAW, appeared, participated, and were afforded full op- portunity 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY General Aviation Equipment Co., Inc., a Delaware corporation, is engaged in the manufacture of parts for aircraft and the manufac- 52 N. L. R. B., No. 58. 394 GENERAL AVIATION EQUIPMENT CO., INC. 395 ture of links for machine gun ammunition. In the course and conduct of its business, the Company operates two plants in Wilkes- Barre, one of which is known as the Metallic Link Division, with' which we are concerned herein. During the calendar year 1942 the Company purchased for its Metallic Link Division raw materials valued in ex- cess of $250,000, of which approximately 95 percent originated from points outside the State of Pennsylvania. During the same period, the value of the finished products of the Metallic Link Division amounted to approximately $750,000, of which approximately 95 per- cent was shipped to points outside the State of Pennsylvania. All of the finished products of the Company is destined for the United States Army Ordnance Department pursuant to direct contracts between the Company and the United States Army Ordnance Department. The Company admits that it is engaged in commerce within the meaning-of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District #50, United Mine Workers of America, is a labor organi- zation, admitting to membership employees of the Company. Local No. 357, United Automobile, Aircraft & Agricultural Imple- ment Workers of America (UAW-CIO) is a labor organization af- filiated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 1, 1942, the Company and General Equipment Workers, Local Industrial Union 1172, affiliated with the Congress of Indus- trial Organizations, herein called the L. I. U., executed a contract which provided for the recognition of the L. I. U. as the exclusive bargaining representative of all employees of the Company's Metallic Division with certain specified exceptions. This contract contained the following clause : This agreement shall be ... in effect until April 30, 1943, and shall continue . . . thereafter from year to year unless ... notice in writing ... be given by either party to the other party 30 days or more prior to said expiration date of this agree- ment ... In the event the union and the corporation have been unable to agree on a new or modified contract prior to the said expiration date, this contract shall remain in effect while such negotiations continue. On March 16, 1943, the L. I. U. gave notice to the Company of its desire to amend the contract; the receipt of this notice was acknowl- edged by the Company. Thereafter, in April, the membership of the L. I. U. sought to affiliate itself with an International of the Con- 396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gress of Industrial Organizations, and on April 28, 1943, the member- ship became affiliated with the UAW and has continued thereafter as Local 357 thereof. On the same date that the transfer of the mem- bership was completed, the UAW notified the Company that it wished to commence negotiations for a new contract pursuant to the provisions of the contract of May 1, 1942. Negotiations continued until July 6, 1943, when a contract between the Company and the UAW, retro- active to May 1, 1943, was executed. On June 5, 1943, a representative of District 50 orally notified the Company of its claim of representation and requested that the statu's quo in the bargaining relationships of the Company be maintained. This oral conversation was confirmed by a letter dated June 7, from District 50, to the Company. The UAW contends that the contract executed on July 6 consti- tutes a bar to this proceeding, arguing that all of its terms had been agreed upon substantially prior to the presentation of the claims of District 50, and furthermore, the provisions of the old contract were continuing in full force and effect pursuant to the provisions herein- before set out. We do not agree. The predecessor of the UAW gave notice of its intention to amend the original contract on March 16, and the UAW itself confirmed such intention by its notice of April 28. Negotiations between the parties were not reduced to writing until July 6, 1943, and District 50 gave notice of its claim prior to that date. We are of the opinion that this notice was timely given.' Nor is the provision that the terms of the original contract continue until the execution of the new contract one which we can consider as a bar to this proceeding. Such a provision is no more than an indefinite exten- sion of the contract and, as such cannot act as an estoppel to the pro- ceeding herein.2 We find, therefore, that neither the contract of May 1, 1942, nor any extension thereof or successor thereto constitutes a bar to the instant proceeding. A statement of the Regional Director, introduced into evidence at the hearing, indicates that District 50 and the UAW each represents a substantial number of employees in the unit hereinafter found appropriate.' 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. 1 Matter of Eicor, Incorporated, 46 N L. R. B. 1035 2 Matter of Link Belt Speeder Co ., 37 N L R B 889. 2 The Regional Director reported that District 50 submitted 62 authorization cards bearing apparently genuine original signatures , of which 60 bore the names of persons appearing upon the Company's pay roll dated June 21, 1943. This pay roll contained the names of 203 employees in the appeopriate unit He further reported that the UAW relies for the establishment of its interest herein upon a contract , dated May 1, 1942, between its predecessor and the Company. GENEIRAL AVIATION EQUIPMENT CO., INC. IV. THE APPROPRIATE UNIT 397 Substantially in accordance with the stipulation of the parties, we find that all employees of the Company at its Metallic Link Division, excluding executives, engineers, draftsmen, and all supervisory em- ployees 4 with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, office employees, and guards, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing 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 an election by secret ballot among the em- ployees 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.5 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 National Labor Rela- tions 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 General Avia- tion Equipment Co., Inc., Metallic Link Division, Wilkes-Barre, Penn- sylvania, 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 Direc- tor for the Fourth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, abovg, who were employed dur- ing 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 Production inspectors, with the exception of the chief inspector, and "leaders" are not considered by the parties herein as supervisory employees as they.do not have the right to hire or discharge or to recommend such actid'n We agree and so find. The UAW requested that it appear upon the ballot as "UAW-CIO Local 357," and Dis- trict 50 requested that it be listed as "District 50, United Mine Workers of America." Both requests are hereby granted. 398 DECISIONS OF NAT'ION'AL LABOR RELATION'S BOARD States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by District 50, United Mine Workers of America, or by UAW-CIO Local 357, for the purposes of collective bargaining, or by neither. CHAIRMAN MmLis took no part 'in the consideration of the above Decision and Direction of Election.