Hughes Aircraft Co.

In the Matter of HUGHES TOOL COMPANY D/B/A HUGHES AIRCRAFT COMPANY and NATIONAL UNION, UNITED AIRCRAFT WELDERS OF AMERICA, INDEPENDENT Case No. R-5832 (21-R-,9014).-Decided October 28, 19.43 Mr. Irvin Stalmaster, of Los Angeles, Calif., for the Company. Mr. Don Ketchum, of Los Angeles, Calif., for the Union. Mr. Joseph, E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by National Union, United Aircraft Welders of America, herein called the Union, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Hughes Tool Company d/b/a Hughes Aircraft Company, Culver, City, California, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William B. Esterman Trial Examiner.' Said hearing was held at Los Angeles, California, 'on September 27, 1943. The Company and the Union appeared, participated, and were af- forded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues.a The Trial Examiner's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. All parties were afforded op- portunity to file briefs with the Board. 'This matter was originally consolidated with Matter of Hughes Tool Company d/b/a Hughes Aircraft Company, (R-5833 ), 52 N. L R . B 715 , for the purpose of hearing. After the close of the hearing it was found that the union involved herein was not served with proper notice. The Board therefore ordered the severance of the cases , remanding Case No. 5832 for rehearing. The instant hearing was conducted pursuant to such remand. 7 Wood & Plastic Aircraft workers, A. F. of L, International Association of Machinists, and Pattern Makers Association , involved in Case No . R-5833, ( see footnote 1, supra) were served with notice of hearing but did not appear. 53 N. L. R. B., No. 40. 194 G HUGHES AIRCRAFT COMPANY 195 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hughes Tool Company d/b/a Hughes Aircraft Company is a Delaware corporation licensed to do business in the State of Cali- fornia. Its aircraft activities within the State of California are conducted under the name of Hughes Aircraft Company. The Com- pany operates plants at Culver City, Hollywood, and Los Angeles, California; the plants located at Culver City and Los Angeles, Cali- fornia, known as the St. Andrews plant, are involved herein. The, Company is engaged in the engineering and construction of three prototype cargo planes at the Culver City plant and is engaged in the manufacture of aircraft parts and aircraft assemblies at the St. Andrews plant. All of the raw materials used at the Culver City plant are purchased and furnished to the Company without charge by Defense Plant Corporation, an instrumentality of the United States Government. During 1942, raw materials and sup- plies valued in excess of $500,000 were so furnished, of which not less than 9G percent was purchased from sources outside the State of California. Approximately 90 percent of the raw materials used at the St. Andrews plant during the year 1942 was purchased from sources outside the State of California. During the same period, ap- proximately 75 percent of the finished products from the St. Andrews plant was shipped to points outside the State of California. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED National Union, United Aircraft Welders of America, is an inde- pendent labor organization, admitting to .membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION The Company refuses to deal with any labor organization in the absence of certification by the Board. A statement prepared by a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD substantial number of employees in the unit hereinafter found to be appropriate.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 We find, in accordance with an agreement of the parties, that all employees of the Company at its Culver City and St. Andrews plants who are engaged more than 50 percent of their time as oxyacetylene, oxyhydrogen, electric are welders employed to do-fusion welding, gas torch cutters, helpers in the foregoing categories, tackers, and appren- tice welders, including leadmen, but excluding operators of mechanical spot-welding machines, as distinguished from what is know in the trade as tack welding, excluding also all clerical, engineering, plant protection, administrative, executive, professional, office, and technical employees, supervisors above the rank of leadmen,, and any other supervisory employees with authority to hire, promote, discharge,, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, and excluding also all other pro- duction and maintenance employees not herein specifically mentioned, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.4 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 said Direc- tion. 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with Hughes Tool 8 The statement submitted by the Field Examiner shows that the Union submitted 17 authorization cards, 14 of which bear names of peisons whose names appear on the Com- pany's pay roll of April 15 , 1943; there are 15 employees in the appropriate unit. 4Matter of Hughes Tool Company d/b/a Hughes Aircraft Company, see footnote 1, supra, the Board excluded "welders" from the appropriate unit. HUGHES 'AIRCRAFT COMPANY 197 Company d/b/a Hughes Aircraft Company, Culver City, 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, Sections 10 and 11, 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, includ- ing 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 them- selves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by National Union, United Aircraft Welders of Amer- ica, Independent, for the purposes of collective bargaining.