054 NLRB 424
The Glenn L. Martin-Nebraska Co.
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