Republic Aviation Corp.

In the Matter of REPUBLIC AVIATION CORPORATION (INDIANA DIVISION) and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRI- CULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. Case No. 11-R-741.-Decided June 13, 1945 Messrs. Frederick P. Bomberger and William P. Foreman, of Evans- ville, Ind., for the Company. Messrs. Andrew Jacobs, Arnold Atwood, Joseph Harris, and George Stahl, of Indianapolis , Ind., for the Union. Messrs. William O. Murdock and Clifford A. Hardy, of Indianapolis, Ind., for the Board. Mr. Sidney Grossman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, C. 1 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Republic Avia- tion Corporation (Indiana Division), Evansville, Indiana, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before William P. Webb, Trial Examiner. Said hearing was held at Evansville, Indiana, on April 13, 1945. The Com- pany and the Union appeared and participated All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence hearing on the issues The Trial Examiner reserved ruling upon the Company's motion to dismiss the petition on the ground that the unit petitioned for is inappropriate. For the reasons set forth in Section IV, 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 62 N. L. R. B., No. 54. 363 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Republic Aviation Corporation, a Delaware corporation, is engaged in the manufacture of military aircraft for the Army Air 7iorces at its Farm- ingdale, New York, and Evansville, Indiana, plants. This proceeding is concerned with the Company's Evansville, Indiana, plant, where it is engaged solely in the manufacture of war materials, including the con- struction of P-47 airplanes on a cost-plus fixed-fee basis. The principal raw materials used at this plant are aluminum, brass, magnesium, steel, and plexiglass, the annual value of which exceeds $1,000,000, of which in excess of 75 percent is secured from sources outside the State of Indiana. The annual dollar value of its finished products exceeds $1,000,000, approxi- mately all of which is shipped to points outside the State of Indiana. The plant and equipment used by the Company in the performance of its war contracts are leased by it from the Defense Plant Corporation. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft & Agricultural Im- plement 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 The parties stipulated that the Company refused to accord the Union recognition as the bargaining representative of the Company's employees in the unit herein alleged to be appropriate. A statement of a Board agent, 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union seeks a unit consisting of all plant-protection employees of the Company's Evansville, Indiana, plant, including plant guards, matrons, i The Field Examiner reported that the Union submitted 48 authorization cards, all of which bore dates in December 1944, and that 47 cards represented persons appearing on the Company's pay roll of January 22, 1945, in an alleged appropriate unit consisting of 115 employees. G REPUBLIC AVIATION CORPORATION 365 and fire patrolmen, but excluding the chief guard, guard captains, lieu- tenants, sergeants, chief matrons, fire chiefs, fire lieutenants, and all other supervisory employees. While the Company does not oppose the composi- tion of the unit, it contends that such unit is not appropriate within the meaning of the Act and moves to dismiss the petition There are 121 employees in the unit here sought by the Union consisting of guards, matrons, and fire patrolmen. They are enrolled as civilian aux- iliaries to the military police and perform duties that we ordinarily asso- ciate with employees in those categories. Notwithstanding the curtailment of some of the prerogatives of management with respect to the plant- protection personnel, we are of the opinion that they are nevertheless employees of the Company within the meaning of the Acts Nor do we agree, as contended by the Company, that representation of this group by a union will engender conflicting loyalties There is nothing in the record to differentiate this case from numerous others involving militarized plant- protection employees, in which we have taken the same position, with the concurrence of the military authorities. Because of the nature of their responsibilities and the special importance of their work to the national defense, we have considered very carefully the rights of such employees and the welfare of the Nation at war. We have reached the conclusion, and we find, that the granting of collective bargaining rights to the plant- protection employees here involved would effectuate the policies of the Act, and conversely, that the denial thereof would hinder, rather than promote, the war effort and would bring about strife detrimental to the public interest and to the free flow of commerce.' We find that all plant-protection employees of the Company at its Evans- ville, Indiana, plant, including plant guards, matrons, and fire patrolmen, but excluding the chief guard, guard captains, lieutenants, sergeants, chief matrons, fire chiefs, fire lieutenants, 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, constitute 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 an election by secret ballot among the employees in 2 The Company, in its hiief , relies on the decision of the United States Court of Appeals for the Sixth Circuit in N L R B v Jones & Laughlin Steel Corporation, 146 F (2d) 718 (C C A 6), and on the decision of the United States Court of Appeals for the Seventh Circuit in N L. R B v E C. Atkins and Company , 147 F. (2d) 730 The Board does not acquiesce in the doctrines enunci- ated in those cases. a See Matter of Alifininum Company of A merica, 61 N L R B 1066 4 Matter of International Harvcvter Company, Milwaukee Works, 61 N L R B 912; Matter of Lockheed Aircraft Corporation, Lockheed Modification Center, 61 N. L R B 1336 5 See Matter of Eclipse Machine Division, Bendix Aviation Corporation, 60 N. L. R. B. p08. 366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the appropriate unit who were employed during the pay-roll period imme- diately 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 representatives for the purposes of collective bargaining with Republic Aviation Corpora- tion (Indiana Division), Evansville, Indiana, 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 Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 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 employ- ees 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 dis- charged 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 repre- sented by UAW-CIO, Plant Protection Local 211, affiliated with the Congress of Industrial Organizations, for the purposes of collective bar- gaining! 6 The request of the Union to appear upon the ballot as designated above is hereby granted