Bendix Aviation Corp.

In the Matter Of SCINTILLA MAGNETO DIVISION, BENDIx AVIATION CORPORATION and INTERNATIONAL ASSOCIATION OF MACIIINISTS, AFL Case No. 3-R-937.-Decided April 12, 1945 Mr. E. M. Van Name, of Sidney, N. Y., for the Company. 111r. H. I. Smith, of Buffalo, N. Y., and Mr. Victor Kolaski,' of Bing- hamton, N. Y., for the IAM. Mr. Frederick R. Livingston, of New York City, and Mr. Willard, Bliss, of Syracuse, N. Y., and Mr. Ben Kreisberg, of Sidney, N. Y., for the UE. Mr. Charles T. Keane, Jr., of Binghamton, N. Y., for the Inde- pendent. Mr. Sidney Grossman, 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, affiliated with the American Federation of Labor, herein called the IAM, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Scintilla Magneto Divi- sion, Bendix Aviation Corporation, Sidney, New York, herein called, the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Francis X. Helgesen, Trial Examiner. Said hearing was held at Sidney, New York, on March 21, 1945. The Company, the LAM, the United Electrical, Radio and Machine Workers of America, CIO, herein called the UE, and Ignition Employees Association, herein called the Independent, appeared and participated. All parties were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner re- served ruling upon the Independent's motion to dismiss the peti- tion on the ground that an existing contract between it and the Com- pany constitutes a bar to this proceeding. For the reason set forth 61 N. L. R. B., No. 70. 520 SCINTILLA MAGNETO DIVISION 521 in Section III, infra, the motion is denied. 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 Bendix Aviation Corporation, a Delaware corporation, is engaged in the manufacture of airplane parts at its various plants throughout the United States. We are here concerned with its Scintilla Mag- neto Division plant, located at Sidney, New York, where it is engaged in producing ignition apparatus for internal combustion engines and Diesel fuel,injection devices. During the year 1944, it purchased raw materials for use at this plant in excess of $1,000,000 in value, of which approximately 90 percent was secured from sources outside the State of New York. During the same period it manufactured fin- ished products in excess of $3,000,000 in value, of which approxi- mately 98 percent was sold to the United States Government for use by the armed services. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Association of Machinists, affiliated with the Amer- ican Federation of Labor, is a labor organization admitting to mem- bership employees of the Company. Ignition Employees Association, unaffiliated, is a labor organiza- tion admitting to membership employees of the Company. United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On January 16, 1945, the IAM addressed a letter to the Company wherein it requested recognition as the exclusive representative of the Company's employees. The Company refused to accord recognition to the TAM until the IAM had been certified by the Board in an appropriate unit. The Independent urges, as a bar to this proceed- ing, the existence of its contract with the Company, which expired on March 1, 1945, and contained the usual 30-day automatic renewal clause. Since the IAM made its demand for recognition prior to the 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operative date of the automatic renewal clause, we find that the Independent's contract with the Company does not preclude a present determination of representatives.' A statement of a Board agent, introduced into evidence at the hearing, indicates that the IAM and the UE represent a substantial number of employees in the unit hereinafter found appropriate.2 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 All parties agree to a unit composed of all production and main- tenance employees at the Company's plant at Sidney, New York, in- cluding employees in the classifications listed in Appendix A, attached hereto, and group leaders, but excluding employees in the classifications listed in Appendix B, attached hereto, foremen, general foremen, super- visors, factory superintendent, factory manager, and 'all other super- visory employees. However, they are in dispute as to the inclusion or exclusion of the categories hereinafter discussed. Factory clericals in department 37 and timekeepers in department 91. The factory clericals in department 37 include both timekeepers and production clerks. While the position of the parties is not entirely clear, it appears that the IAM would include, and the Company would exclude, the production clerks, and the IAM and the UE would in- clude the timekeepers in department 91. The timekeepers in depart- ment 37 maintain records relating to the attendance and earnings of employees; the production clerks maintain records relating to raw materials and finished stores inventory as work progresses on produc- tion contracts. The timekeepers in department 91 perform duties similar to those of the timekeepers in department 37. The employees in both departments are on the office pay roll as salaried employees. i Matter of Buffalo Arms Corporation, 57 N L It B. 1560 z The Field Examiner reported that the JAM submitted 1,002 authorization cards, of which 1 was dated in 1942, 279 bore dates in 1944, 707 in,1945, 11 were partially dated, and 4 were undated, and that of 587 cards checked, 175 represented the names of persons on the Company pay roll of February 3, 1945, in an alleged appropriate unit consisting of 2,945 employees At the hearing, the IAM submitted 62 additional cards, of which 1 was dated in February 1945 and 61 bore dates in March 1945 ; these cards were not checked against the Company pay roll. The Trial Examiner reported that the UE submitted 301 membership cards, of which 44 bore dates in 1944 and 257 in 1945 ; the cards were not checked against the Company pay roll The Independent relies upon its contract as proof of its representation interest. The objections of the UE and the Independent as to the sufficiency of the IAM's interest in the proposed unit are without merit. See Matter of Buffalo Arms Corporation, supra; Matter of Seneca Falls Machine Company, 58 N L R B. 1413. SCINTILLA MAGNETO DIVISION 523 We shall exclude the timekeepers in accordance with our usual policy,3 and while the record does not disclose that production clerks have in- terests or duties which would of necessity prevent their inclusion in the present bargaining unit, in the absence of any compelling circum- stances warranting a departure therefrom, we shall adhere to our usual practice and not disturb the contract unit established as the result of collective bargaining between the Company and the Independent.' We find that all production and maintenance employees 5 at the Company's plant at Sidney, New York, including employees listed in Appendix A, attached hereto, and group leaders,s but excluding em- ployees, in the classifications listed in Appendix B, attached hereto, timekeepers and production clerks in departments 37 and 91, assistant working foremen, foremen, general foremen, supervisors, factory superintendent, factory manager, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise ef- fect changes in the status of employees, or effectively recommend such action, constitute a unit approprite 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 an election by secret ballot among the employees 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 the Direction. Since it appears, under circumstances similar to those disclosed in Matter of Bendix Radio Division of Bendix Aviation Corp., that indefinitely laid-off employees have, for 6 months after lay-off, a sufficient expectancy of reemployment by the Company with previ- ously accumulated seniority, we shall, except as hereinafter noted, permit such employees, who have been laid off within 6 months immediately preceding the date of the Direction of Election herein, to participate in the selection of a bargaining representative. How- 3 Matter of Bendix Radio Division of Bendix Aviation Corp. 59 N L R B 1470. 4 Matter of Petersen & Lytle, 60 N . L R. B 1070. 6 Since there is no cogent reason for confining the unit to hourly employees , as requested by the Company , our unit finding herein includes both hourly and salaried employees. 6 The record discloses that group leaders, who formerly occupied the status of assistant working foremen and whom all the parties would include, have been bargained for as non- supervisory employees . On the other hand , the assistant working foremen were excluded from the Independent 's contract with the Company in conjunction with other supervisory employees , and, although those presently occupying such status are about to be reclassi- fled as group leaders, they still possess indicia of supervisory authority consonant with our customary definition ; we shall therefore exclude the assistant working foremen. 7 59 N. L. R B. 1470. 524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ever, those employees who have failed to respond to an offer of reemployment by the Company- or who have obtained permanent employment elsewhere shall not be entitled to vote. 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 Scintilla Magneto Division, Bendix Aviation Corporation, Sidney, New York, an elec- tion 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 Third Region, acting in this matter as agent for the National Labor Rela- tions 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 the said pay-roll period because they were ill or on vacation or temporarily laid off, or who were indefinitely laid off by the Company during the 6-month period immediately preceding the date of the Direction herein, 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 they desire to be represented by International Association of Machinists, affiliated with the American Federation of Labor, or by United Electrical, Radio and Machine Workers of America, U. E.-C. I. 0., or by Ignition Employees Association, I. E. A., for the purposes of collective bargaining, or by none.' CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. 8 The requests of the IA11I, the UE, and the Independent, to appear upon the ballot as above designated , are hereby granted. SCINTILLA MAGNETO DIVISION 525 APPENDIX A Dept. No Name 10__ Service Repair 11__ Tool Room 12__ Experimental 13__ Tool Inspection 15__ Coil 16__ Assembly 17__ Lathe 18__ Paint Shop 19__ Automatics 20__ Stock CC 21__ Punch Press 22__ Maintenance 23__ Inspection 24__ Moulding 25__ Receiving & Shipping 26__ Finished Stock C 27__ Snagging 28__ Heat Treat 30__ Buffing & Plating 31-- Fuel Pump 32__ Truckers & Sweepers 34__ Sundry (Machine) 36__ Tool Grinding 39__ Moulding Machines 41__ DF & 8 Pole Housing Machining 42__ DF 18 & Front Mounted Hous. Mach. 44__ Radio Shield Machining 46__ Coil Covers Machining 47__ Adaptor & Breakers Cups Mach. 49_- Aircraft Rotors Machin- ing 5L_ Axles & Shafts Machining 52__ Nelix Gears Machining 54__ Breaker Cams Machining 55__ Gleason Gears 57__ Inserts 59__ Spark Plug Machining 61__ Lead Department 63__ Spark Plugs 66__ Tool Crib 67__ Ha r n e s s Experimental (Prod.) 69__ Spare Parts Bond Room & Packing 639678-45-vol. 61-35 Dept No. Name 70__ Boiler Room 71__ Salvage 74__ Truckers & Chauffeurs 80__ Production Control (Ex- pediters) 96__ Contract Cancellation (Expediters Hourly Pd.) 1___ Administration 2___ Purchasing 3___ Sales 4___ Office Supervisors & Secre- taries 5___ Tool Design 6___ Engineering 7___ Factory & Production Management 8___ Service 9___ Factory Supervisors 29__ Engineering Research 33__ Police 35__ Engineering Laboratory 37__ Clerical (Shop Clerks or Timekeepers) 75__ Personnel 76__ Medical 77__ Training & Wages 78__ Tabulating 81__ Material Control 82__ Production Scheduling 83__ Sub-Contracting 84__ Cost Control 85__ Plant Engineering (De- signers) 86__ Tools, Methods & Equip- ment 87__ Production & Engineer Coordination 88__ New York Engineering 90__ Payroll & Bond 91__ Timekeeping 92__ Factory Cost Department 93_ _ General Accounting 94__ Legal 97__ Telephone, Central Files, Traffic 98__ Mail and Stock D