Luscombe Airplane Corp.

In the Matter of LusCOMBE AIRPLANE CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLE- MENT WORKERS or AMERICA, UAW-CIO Case No. 16-R-1577.Deeided July 13, 1946 Messrs. R. G. Scurry, L. H. P. Klotz, and William T. Wisener, all of Dallas, Tex., for the Company. Messrs. I. R. Gray and John W. Vinson, both of Dallas, Tex., for the UAW. Messrs. C. L. Mulholland and Henry J. Murphy, both of Dallas, Tex., for the I. A. M. Mr. C. F. Ford, of Dallas, Tex., for the I. B. E. W. Mr. Melvin J. Welles, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF TIIE CASE Upon a petition duly filed by International Union, United Automo- bile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, herein called the UAW, alleging that a question affecting commerce had arisen concerning the representation of employees of Luscombe Airplane Corporation, Garland, Texas, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Louis R. Mercado, Trial Ex- aminer. The hearing was held at Dallas, Texas, on June 4,1946. The Company, the UAW, International Association of Machinists, herein called the I. A. M., and International Brotherhood of Electrical Workers, Local Union No. B-1272, A. F. of L., herein called the I. B. E. W., 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 afforded opportunity to file briefs with the Board. The Company's request for oral argument is denied. 69 N. L. R. B., No. 59. 479 480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Luscombe Airplane Corporation is a New Jersey corporation, with its principal office and place of business in Garland, Texas. It is en- gaged in the manufacture of small aircraft. During the period from September 1945 to May 1946, the Company purchased raw materials and fabricated parts valued at approximately $2,200,000, of which approximately 50 percent was shipped to it from points outside the State of Texas. During this same period the Company sold products valued at approximately $3,220,000. Substantially all of the airplanes produced were sold within the State of Texas, for the ultimate use of individuals outside the State. Many of the parts produced by the Company were shipped to points outside the State of Texas, such shipments amounting to approximately 2 percent of the total sales of the Company during the period in question. The Company does not deny, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Association of Machinists is a labor organization, admitting to membership employees of the Company. International Brotherhood of Electrical Workers, Local Union No. 8-1272, is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Evidence adduced at the hearing reveals that the UAW, on Decem- ber 1, 1945, sent a registered letter, return receipt requested, to the Company, seeking recognition as the bargaining representative of certain of the Company's employees. The Company refused to accept this letter, as is its policy with respect to virtually all registered mail of this type. On December 4, 1945, the UAW filed its petition herein. The Company contends that this proceeding should be dismissed because it did not receive actual notice, prior to the filing of the peti-' tion, of the UAW's claim to representation. But it is clear from the record that the Company did not indicate at the hearing that it was willing to recognize the UAW as collective bargaining agent, despite the fact that it was aware that the UAW is seeking such recognition. LL'SCOMBE AIRPLANE CORPORATION 481 In these circumstances, apart from any other considerations, we find no merit in the Company's contention The Company contends further that, because no evidence was pre- sented at the hearing to show that the UAW represents a substantial number of employees in the unit which it alleges to be appropriate, the petition should be dismissed. In recent cases, however, we have fully considered and rejected similar contentions. Accordingly, we find that this contention of the Company lacks merit.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 ; THE DETERMINATION OF REPRESENTATIVES The UAW seeks a unit consisting of all production and maintenance employees of the Company, including janitors, the chauffeur, time- keepers, stenographers to foremen, inspectors, plant guards, and main- tenance electricians, but excluding administrative, technical and pro- fessional employees, confidential clerks, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. The I. A. M. agrees with this unit, except that it would exclude the janitors and the chauffeur. The I. B. E. W., on the other hand, seeks a separate unit of the maintenance electricians. And the Company, taking no position on the maintenance electricians, would exclude from the unit desired by the UAW timekeepers, stenographers to foremen, inspectors, and plant guards. The maintenance electricians constitute a skilled, homogeneous, and functionally distinct craft group of employees, customarily repre- sented by craft organizations for the purpose of collective bargaining. There is no history of collective bargaining for these employees. We are of the opinion that they may appropriately form a separate bar- gaining unit or function as part of a production and maintenance unit. Accordingly, we shall make no final determination of the appropriate unit or units at this time, deferring such determination pending the outcome of the elections hereinafter directed among the maintenance employees and the residual production and maintenance workers.3 There remains for consideration the composition of the residual production and maintenance voting group. As indicated above, the parties disagree with respect to the following categories : Inspectors: The Company's inspectors work under the supervision of the chief inspector. Their duties consist of inspecting products i Matter of Houston Blow Pipe and Sheet Metal Works, 53 N. L. R. B. 184. 2 Matter of Nash Motors Division of Nash-Kelvinator Sales Corporation (Philadelphia Zone ), 68 N. L. R. B. 651; Matter of O. D. Jennings & Company, 68 N. L. R. B. 516. 8 Matter of General Controls Company, 66 N. L. R. B. 361. 701592-47-vol. 69-32 4S2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the process of production and finished products. They can either accept or reject these products. The Company argues that the in- spectors are identified with management, and should, therefore, be excluded. We have frequently rejected similar contentions 4 For this reason, and since the inspectors are hourly paid, like production and maintenance employees, and their duties bring them into close ,contact with the production and maintenance employees, we shall include the inspectors. Timekeepers: The Company employs approximately six timekeepers, who are engaged in checking employees' time cards and posting the time on labor tickets. They are under the supervision of the Secretary and Treasurer, unlike the production and maintenance employees, and work in the plant office, which is apart from the production floor. For these reasons, and in accordance with our usual practice with respect to timekeepers, we shall exclude them from the residual production and maintenance voting group.' Plant guards: The Company employs seven guards, who engage in the customary duties of watchmen. They are armed and uniformed, but are neither deputized nor militarized. Their primary duty is to protect company property. They also check packages of employees and outsiders entering and leaving the plant. They are clearly with- out monitorial duties in relation to other employees .6 Under these circumstances, we shall include the plant guards in the voting group hereinafter found appropriate.' Stenographers to foremen: Each foreman is assigned a stenogra- pher to perform his clerical work. She occupies a desk next to the foreman, for whom she works and by whom she is supervised, either on the production floor or in a separate office. While these employees are under the supervision of production foremen, their work is purely clerical in nature, and similar to that of office stenographers and typists. Their relationship to the foremen for whom they work is that of a secretary, and the mere fact that they perform the typing and filing duties of the production departments is not sufficient to identify their work closely with production and maintenance em- ployees than with office clerical employees: We shall, therefore, ex- clude the stenographers to the foremen.' Matter of Schuler Axle Company, Inc., 64 N. L. R. B. 740, and cases cited in footnote 6 therein. 5Matter of Douglas Aircraft Company, Inc., 60 N. L . It. B. 876 , and cases cited in foot- note 9 therein. 4 Thus , there is no evidence to indicate that the plant guards enforce rules and regula- tions promulgated by the Company with respect to employee conduct in the plant. Matter of Lord Manufacturing Company, 66 N. L. It. B . 667; Matter of Armour and Company, 60 N. L. It. B. 393; Matter of Charlottesville Woolen Mills, 59 N. L . It. B. 1160. 8 See Matter of Edward G. Budd Manufacturing Company, 57 N. L. R. B. 1577 ; Matter of Sharp & Dohme, Inc., 58 N. L. It. B. 1579. Cf. Matter of Kearney & Trecker Corporation, 60 N. L. It. B. 148 ; Matter of Edward 6. Budd Manufacturing Co., 68 N. L. It. B. 153. LUSCOMBE AIRPLANE CORPORATION 483 Janitors: The janitors keep the offices and factory clean, perform- ing the usual janitorial services. We are of the opinion that their interests lie with those of the other production and maintenance em- ployees. We shall, therefore, include the janitors. Chauffeur: The Company employs one chauffeur, who drives an automobile to make deliveries of shall articles and mail. His duties are similar to those of the truck drivers, except that he drives a lighter vehicle and carries lighter loads and smaller articles than do the truck drivers. Since his interests lie with those of the other production and maintenance employees, including the truck drivers, whom all parties would include, we shall also include the chauffeur. The only remaining question is whether we should qualify any certification that may issue by providing that a new petition may be filed within a year. The record reveals that the Company expects to double its pay roll within the next 3 months. However, a critical shortage of materials may delay any expansion. In these circum- stances we shall adhere to our usual policy of directing immediate elections.9 We shall, however, entertain a new petition for an investigation and certification of representatives affecting the employees involved herein within less than a year, but not before the expiration of 6 months, from the date of any certification which we may issue in the instant proceeding upon presentation of the requisite proof pre- scribed in the Aluminum Company case 10 We shall, therefore, direct that the. question concerning representa- tion which has arisen be resolved by separate elections by secret ballot among the employees in each of the following groups described below 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 : Group 1. All employees of the Company classified as maintenance electricians, 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. Group 2. All remaining production and maintenance employees of the Company, including inspectors, plant guards, janitors, and the chauffeur, but excluding timekeepers, stenographers to foremen, ad- ministrative, technical, and professional employees, confidential clerks, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action. 9 Matter of Tuttle Silver Company, Inc., 66 N. L. R, B, 238; Matter of The General Tire ak Rubber Company, 63 N. L. R. B. 182. 1A See Matter of Aluminum Company of America, 52 N. L. R. B. 1040. 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the results of the elections in the afore-mentioned groups will depend, in part, our determination of the appropriate unit or units. 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 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 Luscombe Airplane Corporation, Garland, Texas, elections by secret ballot shall be con- ducted 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 Sixteenth 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 em- ployees in the voting groups described 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 those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, (1) to determine whether the employees in Group 1, described in Section IV, above, desire to be represented by International Brotherhood of Elec- trical Workers, Local Union No. B-1272, A. F. of L., or by Inter- national Union, United Automobile, Aircraft and Agricultural Imple- ment Workers of America, UAW-CIO, or by International Association of Machinists for the purposes of collective bargaining, or by none; and (2) to determine whether the employees in Group 2, described in Section IV, above, desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, or by International Association of Machin- ists, for the purposes of collective bargaining, or by neither. CHAIRMAN HERZOC took no part in the consideration of the above Decision and Direction of Elections.