Columbia Aircraft Corp.

In the Matter of COLUMBIA AIRCRAFT CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, LoCAL 547 Case No. 2-R-5167.Decided,January 29, 1945 Putney, Twambly, Hall d Skidmore, by Mr. Thomas M. Kerrigan, ,of New York City, for the Company: Messrs. Benjamin Rubenstein, Charles Kalmzanson, Paul Krebs, and Frank Torino, *of New York City, for the C. 1. 0. Messrs. Stephen M. Estey, and Richard Thuser, of New York City, for the A. F. L. - Miss Virginia A. Miller, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition 1 duly filed by the International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, Local 547, herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Columbia Aircraft Corporation, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard J. Hickey, Trial Examiner. Said hearing was held at New York City, on Decem- ber 21, 1944. At the commencement of the hearing, the Trial Ex- aminer granted a motion of the International Association of Machin- ists, A. F. of L., herein called the A. F. L., to intervene.2 The Com- pany, the C. I. O., and the A. F. L., appeared and participated. All parties 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 af- ' The Trial Examiner granted an oral motion by the C I. 0. to amend the petition with reference to the unit requested. 2 The C. I. 0 objected to the motion for intervention on the ground that the A . F. L. had not shown sufficient evidence of interest. 60 N. L. R. B., No. 54. 628563-45-vol. 60-1S 257 Ic 258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD forded an opportunity to file briefs with the Board. The Company filed a motion to reopen the record for the adducing of additional evidence regarding the showing of representation made by the C. I. 0., and further requested that oral argument be presented; the motion and the request are hereby denied for reasons hereinafter set forth. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Columbia Aircraft Corporation, a New York corporation, has its principal office and one plant at Valley Stream, Long Island, New York, where it is engaged in the manufacture of aircraft and aircraft parts for the United States Navy. In addition to 'its Valley Stream plant, the Company also maintains and operates similar plants-at Franklin Square, Lynbrook and Baldwin, Long Island, New York-, together with a warehouse at Jamaica, New York, all of which are involved in the present proceeding, and are hereinafter referred to collectively as the Long Island plants. During the period from December 1, 1943, to November 30, 1944, the Company received for use at its Long Island plants, raw material- valued in excess of $500,- 000, approximately 50 percent of which was shipped to it from points outside the State of New York. During the same period, the Com- pany manufactured and produced finished airplanes and parts, valued in excess of $1,000,000, approximately 75 percent of which was shipped to various points outside the State of New York and to foreign countries. _ The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, U. A. W., Local 547, affiliated with the Congress of Industrial Organizations, is a_ labor organization ad= mitting to membership employees of the Company. International Association of Machinists, affiliated with the Ameri- can Federation of Labor, is a labor organization admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about November 9, 1944, the C. I. O. notified the Company of its claim to represent a majority of the Company's employees in the alleged appropriate unit. The Company refused recognition on the COLUMBIA AIRCRAFT CORPORATION 259 ground that it believed that the C. I. 0. did not, in fact, represent such a majority. - The Company contends that, inasmuch as less than a year has elapsed since an election was conducted by the Board on June 26, 1944, in sub- stantially the same unit as that which it here alleges to be appropri- ate,3 no election should be held on the present petition. In that elec- tion, a majority of the votes cast were against representation by the C. I. 0. Six months, however, have elapsed since the election, and the C. I. 0. has submitted a number of additional designations dated subsequent to the election of June 26, 1944, which constitutes a suffi- ciently substantial showing of representation to warrant an election at this time,4 and we believe that the policies of the Act will best be effectuated by so directing.5 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. IV. THE APPROPRIATE UNIT We-find, substantially in accordance with the stipulation of the parties, that all production and maintenance employees of Columbia Aircraft Corporation, employed at its plants at Valley Stream, Frank- lin Square, Jamaica, Lynbrook, and Baldwin, Long Island, New York, including tool crib employees, shipping and receiving employees, stock handlers, expediters, dispatchers, dispatching clerks, inside truckers, chauffeurs, helpers,, truck drivers, freighters, material han- dlers, packers, keymen, inspectors, lay-out men, and loftsmen, but excluding the chief inspector, assistant chief inspector, all office em- ployees, timekeepers, guards, plant-protection firemen, airport control operator, architect, all pilots, draftsmen, aeronautical, design, electri- cal, material and processing, research and analytical, spare parts, industrial, methods, plant, radio and safety engineers; field service representatives, radio operator, time and motion study men, liaison men, and all foremen, assistant foremen, leadmen, and all other super- visory employees-with authority to hire, promote, discharge, disci- 8 Matter of Columbia Aircraft Corporation, 56 N. L R B. 1134. 4 The Field Examiner reported that the C . I. 0 submitted 877 membership application cards, 701 of which appeared on the Company's pay roll of November 5, 1944. Of these 701 cards, 11 are dated prior to the date of the previous election • 567 are dated subse- quent thereto and 123 are undated. With reference to the undated cards , the report indi- cates that the C. I 0 representative in charge of the organizing drive submitted an affidavit that the undated cards were obtained subsequent to the prior election . The Trial Examiner rendered a Report of Investigation wherein it appears that the A. F . L. sub- mitted 226 membership application cards, 190 of which checked against the Company's pay roll of the above date . Of these 190 cards, 187 are dated subsequent to the prior elec- tion date and 3 are undated . There are approximately 1,585 employees in the appropriate unit. 8 Matter of Superior Castings Corporation, 56 N. L. R B. 1785; Matter of Wagner Electric Corporation, 53 N. L. R. B. 543, and cases therein cited. 260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the-Act.6 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 Elec- tion 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 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Columbia Air- craft Corporation, Long Island, New York, 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 Second 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 preced- ing the'date of this Direction, including employees who did not work during the 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 person 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, to determine whether they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, U. A. W.-C. I. 0., Local 547, or by International Association of Machinists, A. F. L., for the purposes of collective -bargaining, or by neither. U The unit found appropriate herein is substantially the same and differs from that found appropriate by the Board in 56 N L. R. B 1134 (see footnote 3, supra ) only in that it includes the Baldwin plant which was established by the Company subsequent to the prior proceeding and that it includes lay-out men and loftsmen and excludes liaison men, which three job classifications have also been created since that time.