Consolidated Vultee Aircraft Corp.

In the Matter of CONSOLIDATED VIIIIrEE AIRCRAFT CORPORATION (FORT WORTH DIVISION) and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE 776, AFL Case No. 16-R-1100.-Decided February 9, 1945 Messrs. Raymond E. Buck, J. M. Hassler, David Arthur Gilmore, E. G. McKinney, and Walter S. Lindsey, of Fort Worth, Tex., for the Company. Messrs. J. D. Smith and William Sodd, of Fort Worth, Tex., for the Union. Mr. Harry Nathanson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE • Upon a petition duly filed by International Association of Machin- ists, District Lodge 776, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Consolidated Vultee Aircraft Corporation (Fort Worth Division), Fort-Worth, Texas, herein called the Com- pany, the National Labor Relations Board provided for an appro priate hearing upon due notice before John H. Garver, Trial Ex- aminer. Said hearing was held at Fort Worth, Texas, on January 16, 1945. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an 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 Consolidated Vultee Aircraft Corporation, a Delaware corporation, operates a plant at Fort Worth, Texas, known as the Fort Worth 60 N. L. R. B, No. 101. 525 526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Division, at which it is engaged in the manufacture of airplanes_ Annually, the Fort Worth Division uses , raw materials, valued in- excess of $500,000, of which more than 50 percent is shipped from points outside the State of Texas. The Fort Worth Division annually- produces airplanes valued in excess of $1,000,000, substantially all of: which are transported to points outside the State of Texas. The Company admits that, at its Fort Worth Division, it is engaged- in commerce within the meaning of the National Labor Relations Act.. II. THE ORGANIZATION INVOLVED International Association of Machinists, District Lodge 776, is a labor organization affiliated.with the American Federation of Labor,, admitting to membership employees of the Company. iir. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the Union 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. IV. THE APPROPRIATE UNIT The Union seeks a unit of all timekeepers, time checkers,, and time clerks 2 employed at the Company's Fort Worth-Division, including group leaders, but excluding confidential clerks, the accounting super- Visor, accounting section heads,3 and all other supervisory employees.4 Opposing the unit sought, the Company contends that timekeepers occupy a fiduciary or confidential relationship to management and perform managerial functions. It also asserts that, in any event. group leaders should be excluded from the unit. ' The Field Examiner reported that the Union submitted 134 authorization cards, 93 of which bore names appearing on the Company 's pay roll for the period ending October 29, 1944, containing the names of 184 employees in the unit alleged by the Union to be appropriate. 2It appears that the Company does not have , employees classified as time checkers and time clerks. The Company's timekeepers are classified "Timekeepers A," and "Timekeepers B," according to the job classifications of the "Southern California Aircraft Industry " S There does not appear to be any confidential clerks. ' The Union designates the accounting supervisor and accounting section heads as chief and assistant chief timekeepers. CONSOLIDATED VULTEE AIRCRAFT CORPORATION 527 In substance, the duties of timekeepers are concerned with compiling information relating to the attendance at work and hours of employ- ment of the Fort Worth Division production and maintenance, em- ployees. In pursuance of these duties , the timekeepers distribute, collect, sort, group, and examine time cards, record labor time spent on each job on tabulated time cards , and distribute pay checks. The Company 's contention that the timekeepers occupy a fiduciary or confidential relationship to management and perform managerial functions is not supported by the record . They do not fix rates or wages, assign employees to specific jobs, or direct their work. Nor do they make any report or recommendation relating to the quantity or quality of an employee's work. The record is clear that they do not have access to information pertaining directly to the Company 's labor relations. Moreover, the record discloses that timekeepers are not charged with any administrative discretion and that they are not entrusted with any degree of managerial authority . Accordingly, we find that a unit consisting of timekeepers is appropriate for the pur- poses of collective bargaining. The Company's timekeeping section is under the supervision of the accounting supervisor . Immediately below the accounting super- visor in authority are the accounting section heads , and beneath them, in turn, are the group leaders. Each group leader is in charge of approximately 15 to 20 timekeepers . The group leaders are paid biweekly and earn more than timekeepers who are hourly paid em- ployees. Group leaders assign work to timekeepers, inspect their reports, reassign them in cases of absenteeism , and generally super- vise them. They do not perform any timekeeping work. They have authority effectively to recommend discharge and promotion as a regular part of their duties , and the Company requires them to wear red buttons to indicate that they are supervisory employees . Accord- ingly, we shall exclude them. - We find that all timekeepers employed at the Company 's Fort Worth Division, excluding the accounting supervisor, accounting section heads, group leaders, and all other supervisory employees with author- ity to hire, promote, discharge , discipline, or otherwise effect changes in the status of employees , or effectively recommend such action, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning 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 means of an election by secret ballot among the employees in the appropriate unit who were employed during 528, DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. 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 Consolidated Vul- tee Aircraft Corporation (Fort Worth Division), Fort Worth, Texas, 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 Six- 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 .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, 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 States who present themselves 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 International Association of Machinists, District Lodge 776, AFL, for the purposes of collective bargaining.