054 NLRB 424

The Glenn L. Martin-Nebraska Co.

Last amended: 1944Year: 1944Length: 5,393 wordsOfficial source
In the Matter of THE GLENN L. MARTIN-NEBRASKA COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCAL No. 38 (A. F. OF L.) In the Matter of THE GLENN L. MARTIN-NEBRASKA COMPANY and AERONAUTICAL MECHANICS LODGE No. 1574 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS In the Matter of THE GLENN L. MARTIN-NEBRASKA COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL- TURAL IMPLEMENT WORKERS (CIO) In the Matter of THE GLENN L. MARTIN-NEBRASKA COMPANY and NATIONAL UNION, UNITED AIRCRAFT WELDERS OF AMERICA, LOCAL No. 8 In the Matter of THE GLENN L. MARTIN-NEBRASKA COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL- TURAL IMPLEMENT WORKERS, CIO In the Matter of THE GLENN L. MARTIN-NEBRASKA COMPANY and UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, LOCAL 2359, AFFILIATED WITH A. F. OF L. Cases Nos. 17-R--597, 17-R-691, 17-R-693, 17-R--698, 17-R-702, and 17-R-716 respectively.Decided January 10, 19441 Messrs. Elmer L. Hunt and Clarence D. Musser, for the Board. Mr. Edward J. Creswell, of Baltimore, Md., for the Company. Mr. Thomas L. Short, of Omaha, Nebr., for the Operating Engineers. Messrs. 'Joseph S. Stuhldreier and Ray S. Roth, of Omaha, Nebr., for the I. A. M. Messrs' Maurice Sugar and N. L. Smokier, of Detroit, Mich., for the U. A. W. Messrs. David D. Weinberg and Louis T. Carnazzo, of Omaha, Nebr., for the Carpenters. Mr. Robert E. Tillman, of counsel to the Board. 54 N. L R . B., No. 64. 424 THE GLENN L. MARTIN-NEBRASKA COMPANY 425 DECISION DIRECTION OF ELECTIONS AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by International Union of Operating En- gineers, Local No. 38 (A. F. of L.), herein called the Operating Engineers, by Aeronautical Mechanics Lodge No. 1574 of the Inter- national -Association of Machinists, herein called the I. A. M., by In- ternational Union, United Automobile, Aircraft and Agricultural Implement Workers (CIO), herein called the U. A. W., by National Union, United Aircraft Welders of America, Local No. 8, herein called the Welders, and by United Brotherhood of Carpenters & Joiners of America, Local 2359, affiliated with A. F. of L., herein called the Car- penters, alleging that questions affecting commerce had arisen con- cerning the representation of employees of The Glenn L. Martin- Nebraska Company, Fort Crook, Nebraska, herein called the Company, the National Labor Relations Board entered an order consolidating the cases and provided for an appropriate hearing upon due notice before William F. Guffey, Jr., Trial Examiner. Said hearing was held at Omaha, Nebraska, on November 16 and 17, 1943. The Com- pany, the Operating Engineers, the I. A. M., the U. A. W.,1 and the Carpenters appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues 2 The rulings of the Trial Examiner made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. During the course of the hearing, the Company moved to dismiss the petition of the U. A. W. which sought a unit of plant-protection employees. Ruling on the motion was reserved for the Board. For the reasons stated in Section IV, subsection B, infra, this motion is hereby denied. The Company and the U. A. W. joined in a motion to dismiss the petition of the Carpenters on the grounds of the inappropriateness of the unit requested therein and the jurisdictional dispute between the Carpenters and the I. A. M. They joined further in a motion to dismiss the petition of the Operating Engineers on the grounds of the inappropriateness of the unit requested therein, % The U. A. W. signed a waiver of its charges of unfair labor practices filed against the Company in Cases Nos . 17-C-967 and 17-C-1055 , insofar as they might constitute a basis for objecting to the instant proceeding 2 The welders , although served with notice, made no appearance at the bearing. 426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and the lack of a substantial showing of representation. Ruling on both motions was reserved for the Board. For the reasons stated in Section IV, subsections AS and 46, infra, the motions are hereby respectively denied. The Company, the U. A. W., and the I. A. M. joined in a motion to dismiss the petition of the Welders on the grounds that the unit sought therein was inappropriate and that the Welders failed to appear at the hearing. Ruling on this motion was likewise reserved for the Board. In view of our findings set forth in Section IV, subsection A4, infra, this motion is hereby granted. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Glenn L. Martin-Nebraska Company, a Maryland corporation, is a wholly-owned subsidiary of The Glenn L. Martin Company. The Company operates a Government-owned plant on the Fort Crook Military Reservation, Fort Crook, Nebraska,' where it is engaged in the manufacture, construction, assembly and modification of military aircraft and airplane parts and accessories . For the conduct of its business in the year 1943, the Company purchased raw materials, and airplane parts and assemblies having a value in excess of $500,000, of which over 75 percent was shipped to the plant-from points outside the State of Nebraska. During the same period , the Company's production was valued in excess of $1,000,000, the entire amount of which was delivered to the United States Government at Fort Crook, Nebraska. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED International Union ' of Operating Engineers, Local No. 38, is a labor organization affiliated with' the American Federation of Labor, admitting to membership employees of the Company. Aeronautical Mechanics Lodge No. 1574-of the International As- sociation of Machinists is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. International Union, United Automobile, Aircraft and Agricul- tural Implement Workers' is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. United Brotherhood of Carpenters & Joiners of America, Local 2359, is a labor organization affiliated with the American Federation of Labor, admitting to membership- employees of the Company. THE GLENN L. MARTIN-NEBRASKA COMPANY 427 III. THE QUESTIONS CONCERNING REPRESENTATION 0 The parties sitpulated that on various dates between April 1 and August 20, 1943, the several petitioners notified the Company of their respective claims to represent certain employees of the Company and requested recognition as the exclusive bargaining representative of such employees; and that the Company in each instance refused to recognize the petitioner unless and until it should be certified by the Board. Statements of a Field Examiner of the Board, introduced into evidence at the hearing have been compiled in a table in the footnote below.3' These statements indicate that each of the petitioners rep- resents a substantial number of employees in the unit it contends to be appropriate. ' We find that questions affecting commerce have 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 DETERMINATION OF REPRESENTATIVES A. The production and maintenance employees 1. Contentions Of the parties The U. A. W. and the I. A. M. are in agreement that the appropriate unit should be a single unit comprising all production and main- tenance employees of the Company, including garage and cafeteria employees, but excluding leaders and supervisory employees of higher rank, and professional, technical, confidential, and plant-protection employees.4 The Company agrees that such a single unit is appro- priate with the additional exclusion of all employees who are engaged in clerical work more than 50 percent of their working time. The above three parties are not entirely agreed as to the designation of supervisory employees, the Company and the I. A. M. contending 8 See following table : Type of unit Welders--------------------------- Engineers--------------------------- Carpenters-------------------------- Prod and main----------_------_- Plant protection-------------------- Number of em- ployees in unit 1 33 2 63 226 8,799 351 U. A. W. 2, 758 271 Cards in units I.A.M. 1, 328 Carpenters 111 Op engr. 15 Welders 11 i Number at modification center only. 2 The unit as petitioned for by the Operating Engineers comprised only 18 employees. 4 See Appendix A for a detailed description of the unit. ' 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD that working leaders should be excluded from the unit, - while the U. A. W. urges their inclusion in the unit. ° The Welders would excise from the production and maintenance unit a separate unit to consist of all welders, apprentice welders, gas flame cutters, and apprentice cutters employed in the modification center of the plant. The Operating Engineers urges a separate unit of all engineers and apprentice engineers in the two heating and ventilating departments of the plant. The Carpenters seeks a separate unit of all first-class, second-class, and third-class carpenters, wood tool makers, pattern makers, wood- working machine operators, box makers, and their helpers employed in the modification center and the main plant. 2. Description of the plant; the proposed production and maintenance unit With respect to the geographical location of its buildings, the Com- pany's plant is divided into three sections : (1) the main plant, com- prising two office buildings, a powerhouse building, a camouflage building, and the assembly building (where the manufacturing and assembly operations are conducted) ; (2) flight operations head- quarters [roughly 11/2 miles south], comprising two hangers, a ga- rage, and a fire station; and (3) the modification center [1/2 mile further south], comprising two large buildings where airplanes manu- factured by the Company, as well as other airplanes, are converted for use in different theatres of war. The modification center is divided into departments which correspond to departments in the main plant, but are entirely independent of them. However, the entire plant is under the operation of a single management, and there are several administrative departments, relating to functional control, which function for both the main plant and the modification center. There has been some transfer of production personnel from the main plant to the modification center, and the Company anticipates further transfers in the future. The above facts indicate the integrated character of the manage- ment and control of the Company's plant. Moreover, it is evident from the nature of mass production operations in the airplane indus- try that the operations are highly integrated and interdependent. Unless there are counterbalancing considerations, it is clear that a single production and maintenance unit would be appropriate for purposes of collective bargaining. We find that the main plant and the modification center should not be treated as separate entities in determining the appropriate unit. The Company and the I. A. M. agree that working leaders should be excluded from any production and maintenance unit along with THE GLENN L. MARTIN-NEBRASKA COMPANY 429 leaders. The U. A. W. contends that working leaders should be in- cluded in the unit, citing our decision in Matter of Glenn L. Martin Company '5 wherein we excluded leaders but included working leaders. It is clear from the record in the instant case that working leaders and leaders do not comprise two levels in the supervisory hierarchy of the Company as they did in the case cited above . There, each working leader was directly responsible to a leader . Here, a group of employees has either a leader or a working leader and not both. Thus, in effect, the working leader is on an equal plane with the leader, from a supervisory standpoint. The principal difference in their functions is that the leader generally supervises more than 50 percent of the time, whereas the working leader works more than 50 percent of the time. Their rate of pay is the same, and is greater than that of employees under them. Both types of leaders are over 6 to 10 men. In general, they allocate the work, maintain the output , and instruct and assist new employees. They have an effective power to recom- mend disciplinary action, increases in pay, and time off , and they make merit ratings. We find that working leaders are supervisory employees, and we shall exclude them from the voting groups as such. The Company contends that plant clerical employees who are en- gaged in clerical work more than 50 percent of their working time should be excluded from any production and maintenance unit found appropriate by the Board. The I. A. M. and the U. A. W. oppose the exclusion of plant clerical employees . Inasmuch as all of the labor organizations seeking to represent the production and main- tenance employees desire that the plant clerical employees be included, and since such employees , unlike the office clerical employees, have much in common with the production and maintenance employees; we shall not exclude them. 3. History of collective bargaining Since the Company's plant has been in operation only a relatively short time, it has not entered into bargaining relations with any labor organization , craft or industrial in nature . Thus, there is an absence of any past collective bargaining history which would afford a basis for a determination of the appropriate unit. The U. A. W., the I. A. M., and the Company point to the Board's above-mentioned decision involving The Glenn L. Martin Company plant in Baltimore , Maryland, wherein a single production and maintenance unit was found to be appropriate , as supporting their contentions in the present proceedings . In that case, however, since no craft organization was involved , the issue of the appropriateness 550 N. L. R. B 412. 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of separate craft units was not presented to the Board as'it is herein. That decision is accordingly not controlling or persuasive in the instant case. 4. The proposed Welders' unit The unit proposed by the Welders is confined to employees en- gaged in welding operations at the modification center. There are 21 such employees eligible for the unit. On the other hand, at the main plant, 120 to 130 welders are employed by the Company, and are engaged in essentially the same type of operations as the welders at the modification center. We have previously indicated that we con- sider that the modification center and the main plant should be treated as one in the, determination of the appropriate unit. The record affords no basis for applying a different rule in the case of the welding employees. Since the unit proposed by the Welders excludes a large segment of employees equally skilled in the oper- ations performed by the employees sought to be included in the unit, we find that the unit is inappropriate for purposes of collective bargaining. For this reason, and for the further reason that the Welders did not appear at the hearing in support of its petition, we shall dismiss its petition in Case No. 17-R-698. 5. The proposed Operating Engineers' unit The Operating Engineers has petitioned for a unit of engineers and apprentice engineers employed in the ventilating and heating de- partments of the Company. There are 6 engineers in the specified department at the main plant, including 1 leader. They are located in the powerhouse and have as their function the operation of heat- ing and power boilers. At the modification center, there are approxi- mately 13 engineers, 3 leaders, and 18 firemen in the specified, department. They-have as their function the operation of high- pressure boilers, but in addition they handle the refrigeration, air conditioning and air compression equipment of the center. In ad- dition to these two groups of stationary engineers, there are 30 engineers in the maintenance department of the main plant, includ- ing a subforeman, 3 leaders, and 2 firemen. Of these, 12 are stationed in the assembly building, 9 in the camouflage building, and 9 at,the flight operations headquarters. They have as their function the handling of heating, refrigeration, air conditioning and air com- pression equipment elsewhere than the modification center. Since the work which they perform for the main plant and the flight oper- ations headquarters is performed at the modification center by the engineers whom the Operating Engineers seeks to include in the unit, we are of the opinion that if a separate unit of engineers is THE GLENN L. MARTIN-NEBRASKA COMPANY 431 appropriate, the maintenance engineers of the main plant should be included in the unit. The evidence indicates that the engineers constitute a clearly identifiable, skilled craft. In view of this, and in the absence of any history of collective bargaining, we are of the opinion that the considerations in favor of a separate unit of engineers are balanced with 'those tending to favor an industrial unit so that the engineers could function as a separate unit for the purposes of collective bargaining, or be included in the production and main- tenance unit. Under these circumstances our determination of the unit issue with respect to the engineers will depend in part upon the results of the election hereinafter directed among them .6 6. The proposed Carpenters' unit The unit, which the Carpenters requests includes woodworking em- ployees throughout the plant. It conflicts with the unit sought by the I. A. M. The U. A. W. urges, therefore, that the petition of the Car- penters should be dismissed because of the jurisdictional dispute be- tween two unions affiliated with and subject to the jurisdiction of the American Federation of Labor. We have customarily dismissed pro- ceedings involving jurisdictional disputes between two unions sub- ject to discipline by the same parent organization. We have, however, made an exception to this rule where a third union not a party to the jurisdictional dispute was also seeking to represent the employees over whom the dispute had arisen.7 Here the U. A. W. is not a party to the jurisdictional dispute and is seeking to represent the employees involved in the dispute. The exception to the rule is therefore appli- cable to the instant case, and we must determine the question concern- ing representation despite the collateral dispute between the I. A. M. and the Carpenters. In accordance with our practice when invoking the exception to the rule, we shall place the names of both the I. A. M. and the Carpenters on the ballot in the election hereinafter ordered among the woodworking employees.8 As shown by the table in the footnote below, the woodworking em- ployees 9 of the Company are found in several departments of the 0 One ground alleged by the Company and the II A . W. In their joint motion to dismiss the petition of the Operating Engineers was the lack of a substantial showing of repre- sentation . We consider the sbowiug of the Operating Engineers to be substantial. The 'total number of engineers employed by the Company , excluding supervisory employees and firemen, was approximately 42. Of these , the Operating Engineers submitted cards signed by 15. 7 See Matter of Long-Kell Lumber Company , 16 N. L. R. B. 892; and Matter of -Weyer- haeuser Timber Company, Klamath Falls Branch, 42 N. L. R B. 499. 8If, as a result of the elections ordered in this proceeding , either the I A M or the Carpenters is certified as the representative of the Company 's woodworking employees, our certification would not be a holding that such A. F. of L affiliate is the union authorized by the A. F of L to assert jurisdiction over such employees . It would be a holding that such A. F. of L. affiliate is the exclusive representative of employees of the Company in an appropriate unit for the purposes of collective bargaining. 9 The Company has no pattern makers. 432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plant.10 Nevertheless, like the engineers, these employees constitute a clearly identifiable, skilled craft, engaged in operations requiring the use of similar tools under similar working conditions. As in the case of the engineers, we are of the opinion that the woodworking em- ployees may function as a separate unit for the purposes of collective bargaining or may be included in the production and maintenance unit. Under these circumstances our determination of the unit issue with respect to the woodworking employees will depend in part upon the results of the election hereinafter directed among them. B. Plant-protection employees The U. A. W. is the only labor organization interested in a unit of plant-protection employees. It requests a unit of all hourly paid plant-protection employees. The Company opposes the organization of such employees, particularly by the same union seeking to represent its production and maintenance workers, but concedes that, if its objections are not sustained by the Board, the unit requested is appropriate. The respondent has advanced no argument in favor of its contentions which we have not considered and rejected in previous decisions holding that plant-protection employees may constitute ap- propriate units for purposes of collective-bargaining under the Act." 10 See following table Department Location Number of wood. workers Main Plant 1. Building and (a) Assembly bldg __ 29 carpenters------- ... field (b) Camouflage bldg. 5 carpenters ___________ 2. Receiving and Assembly bldg. (1st 19 carpenters ---------- raw stores. floor) 3. Spares --------- Assembly bldg (2nd 67 carpenters--_____.__ floor) 4. Woodshop__.__ Assembly bldg. (lst 36 carpenters ------- .__ floor) 30 wood toolmakers---- 16-18 production parts makers 5-6 cabinet makers----- 5 Dock (under Assembly bldg (1st Few carpenters ------- plant and equip) floor) 6 nssembly______ Assembly bldg (2nd 37 carpenters------.... floor) Modification C'enlcr 1 Building mamt_ Modification bldgs_ - 24 carpenters ---------- 2 Receiving and Modification bldgs_ _ 7 carpenters ---- _ ---- raw Mmes 3. Machine shop__ Modification bldgs_ _ I wood tool-maker- _ _ _ _ Duties Rough work (includingbudd- ing partitions , cribs, shor- ing), some finishing work on cabinets; repair. (The bulk of those in the assem- bly building cover the en- tire plant area , except the interior of modification center buildings.) Make shipping boxes and do miscellaneous woi k Fabricate packing boxes. Construct export boxes, cra- dles, dollies Make wooden tools, jigs, blocks Make aircraft parts of wood and fibre Make furniture , files, and miscellaneous equipment Build shoring in freight cars. Make crates. Internal repairs and construc- tion all over the modifica- tion buildings. Make boxes Makes wooden tools "'See Matter of Budd Wheel Company, 52-N L R B 666 , and cases cited therein. THE GLENN L. MARTIN-NEBRASKA COMPANY 433 In these prior cases, the Board has consistently placed plant guards in units separate and apart from any unit of production and maintenance employees. That condition is met herein by the establishment of one local of the U. A. W. for the purposes of representing the production and maintenance employees of the Company, and the establishment of a sister local to represent the plant-protection employees. The Company's plant-protection department consists of 335 em- ployees engaged in police work and 50 engaged in fire prevention ac- tivities, all of whom have been sworn into the Auxiliary Military Police. A further breakdown indicates that there is a chief, 2 assist- ant chiefs, 4 captains, 10 to 15 lieutenants, roughly 40 sergeants, ap- proximately 6 stenographers, and over 300 guards and firemen. All these employees are hired and paid by the Company. All plant-pro- tection employees beneath the rank of sergeant, 'including the 6 ste- nographers, are hourly paid. We shall exclude the stenographers and clerical employees from the plant-protection unit because of the nature of their work. We find that all hourly paid plant-protection employees of the Com- pany, excluding secretarial and clerical employees, and all super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning 9f Section 9 (b) of the Act. C. Concluding findings In view of our findings with regard to the engineers and the wood- working employees of the Company, we shall make no final determina- tion of a unit as regards the production and maintenance employees at this time. We shall direct that the questions concerning representa- tion which have arisen be resolved by separate elections by secret ballot among the employees in the following voting groups who were employed during the pay-roll period immediately preceding the date of our Direction of Elections,12 subject to the limitations and addi- tions set forth therein: (1) all engineers and apprentice engineers in the Company's two heating and ventilating departments, and in the, maintenance department of the main plant, excluding all super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively " The U. A. W. urged that eligibility be determined on the basis of the pay roll immedi- ately preceding the date of the hearing, in view of uncertainty concerning the future increase in employment. We have considered this contention and find that there is not sufficient reason in this case to justify departing from our customary practice of determin- ing eligibility on the basis of the pay-roll period immediately preceding the date of the Direction of Election(s). 507900-44-vol. 54-29 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD recommend such action, to determine whether they desire to be repre- sented by the Operating Engineers, the I. A. M., the U. A.:W., or none; (2) all, first-class, second-class, and third-class carpenters, wood-tool makers, woodworking machine operators, box makers, and their helpers, excluding supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect. changes in the status of employees, or effectively recommend such action, to deter- mine whether they desire to be represented by the Carpenters, the I. A. M., the U. A. W., or none; (3) all remaining production and maintenance employees, including garage and cafeteria employees, but excluding professional, technical, confidential, and plaiit-protection employees, working leaders, leaders, and all other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively reconl- mend such action, to determine whether they desire to be represented by the I. A. M., the U. A. W., or neither; " and (4) all hourly paid plant-protection employees, excluding secretarial and clerical em- ployees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, to determine whether or not they desire to be represented by the U. A. W. Upon the re- sults, of the first three elections will depend in part our determination of the appropriate unit or units of production and maintenance em- ployees. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargainirg with The Glenn L. Mar- tin-Nebraska Company, Fort Crook, Nebraska, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Seven- teenth 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 following employees who were elli- ployed by the Company during the pay-roll period immediately pre- ceding the date of this Direction of Elections, including employees 13 See Appendix A for a list of the departments to be included in the production and maintenance voting group (excluding, of course, the engineers and woodworking employees) and the departments to be excluded from the voting group. THE GLENN L. MARTIN-NEBRASKA COMPANY 435 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election: 11 1. All engineers and apprentice engineers in the Company's two heating and ventilating departments, and in the maintenance depart- ment of the main plant, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, to determine whether they desire to be represented by Inter- national Union of Operating Engineers, Local No. 38 and 38-A, or- by Aeronautical Mechanics Lodge No. 1574, I. A. of M.-A. F. of L:r or by UAW-CIO, Local No. 107, for the purposes of collective bar- gaining,oi by none of these organizations; 2. All first-class, second-class, and third-class carpenters, wood tool makers, woodworking machine operators, box makers and their helpers, excluding supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, to deter- mine whether they desire to be represented by United Brotherhood of Carpenters and Joiners of America, Local 2359, affiliated with the American Federation of Labor, or by Aeronautical Mechanics Lodge No. 1574, I. A. of M.-A. F. of L., or by UAW-CIO, Local No. 107, for the purposes of collective bargaining, or by none of these organizations; 3. All production and maintenance employees,15 including garage and cafeteria employees, but excluding professional, technical, con- fidential, and plant-protection employees, working leaders, leaders, and all 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 all employees included in groups 1 and 2, above, to determine whether they desire to be represented by Aeronautical Mechanics Lodge No. 1574, I. A. of M.-A. F. of L., or by UAW-CIO, Local No. 107, for the purposes of collective bargaining, or by neither ; 4. All hourly paid plant-protection employees, excluding secre- tarial and clerical employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such 14 The several unions expressed preferences at the hearing that their respective names appear on the ballot as set forth in the Direction of Elections. 15 See Appendix A for list of included and excluded departments. 436 DECISIONS OF NATIONAL LABOR RELATIONS BOARD action, to determine whether or not they desire to be represented by UAW-CIO, Local No. 108 , for the purposes of collective bargaining. ORDER On the basis of the foregoing findings of fact, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of The Glenn L. Martin-Nebraska Company, Fort Crook, Nebraska, filed by Na- tional Union, United Aircraft Welders of America, Local No. 8, be, and it, hereby is, dismissed. Appendix A Included departments: machine shop sub-assembly assembly finishing and plating final assembly wood shop welding and heat treating sheet metal metal bench garage inspection maintenance receiving and raw stores tool design tool room dock building and field heating and ventilating cafeteria tool storage crib spare parts internal transportation janitor service ground test camouflage material conservation Excluded departments: engineering (except non-pro- fessional, n o n - technical, and non-confidential em- ployees) tabulating personnel laboratory (except non-pro- fessional, n o n - technical, and non-confidential em- ployees) production (except non-con- fidential, non-supervisory clerks) purchasing (except non-con- fidential, non-supervisory hourly paid employees) coordinating (except routine employees) medical (except non-profes- sional first-aid attendants) timekeeping (except non-con- fidential employees, en- gaged in work on floor of plants) accounting cost and stores accounting outside transportation and rationing (except drivers of buses, trucks, and station wagons) THE GLENN L. MARTIN-NEBRASKA COMPANY 437 Excluded departments-Cont. telephone engineering quality engineering industrial engineering protection plant and equipment (except non-professional, non-tech- nical, and non-confidential employees) general office factory supervision flight operations public relations
054 NLRB 424: The Glenn L. Martin-Nebraska Co. | Justis AI