Edo Aircraft Corp.

In the Matter of EDO AIRCRAFT CORPORATION, EMPLOYER and INTER- NATIONAL ASSOCIATION OF MACHINISTS , PETITIONER Case No. 2-R-7087.-Decided February 13, 19417 Debevoise , Plimpton and Page, by 111r. William. Everdell, of New York City , for the Employer. Messrs. Robert A. Reber and Frank Carney, of New York City, for the Petitioner. Miss Eleanor Scitwartzbach, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New York City, on December 3, 1946, before Jerome I. Macht, hearing officer.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Employer, at the hearing and in its brief, moved to dismiss the petition. For reasons stated below, the motion is hereby denied. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF TILE EMPLOYER Edo Aircraft Corporation is a New York corporation having its principal place of business at College Point, Long Island, where it is engaged in the manufacture of aircraft and aircraft parts. During the past year, the Employer purchased raw materials valued at more than '$1,000,000, of which approximately 90 percent was shipped to its plant from points outside the State of New York. During the ' United Automobile Workers, Local 365, served with notice of hearing, did not appear at the hearing 2 On December 17, 1946, the Board issued a rule to show cause why a motion for cor- rection of the record, made by the Employer on December 11, 1946, should not be granted. No objection having been made by the Petitioner, the motion of the Employer is granted. It is hereby ordered that the record be, and the same hereby is, corrected in accordance with the Employer's motion. 72 N. L. R. B., No. 110. 574 EDO AIRCRAFT CORPORATION 575 same period, the Employer sold finished products, valued in excess of $1,000,000, approximately 15 percent of which was shipped to customers outside the State of New York. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization claiming to represent em- ployees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer. On February 20, 1946, the Board conducted an election in a prior representation proceeding' among the Employer's production and maintenance employees. The Petitioner lost the election, and there- after withdrew its petition. The number of employees at the plant decreased. On September 23, 1946, the Petitioner filed the petition in the instant proceedings. The Employer moves to dismiss the petition on the ground that too short a period of time has elapsed since the former election. As noted above, the motion is denied. Almost a year has elapsed since the previous election. Seven months elapsed between the election and the filing of the instant petition. The administrative report of our Field Examiner concerning the Peti- tioner's showing of interest among the employees concerned indicates that the Petitioner by recently dated authorization cards has satisfied our requirements of prima facie showing of representation to justify an election. Considering the lapse of time between the prior election and our decision herein, the smaller number of employees in the ap- propriate unit, and the showing of current interest submitted by the Petitioner, Ave are persuaded that the policies of the Act will best be effectuated by directing another election at this time." We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 4 Matter of Edo Aircraft Corporation, 65 N L R B 837. 4 One of the grounds asserted by the Employer for dismissing the petition was that no evidence was introduced at the healing to show that the Petitioner represents a substantial number of employees in the appiolniate unit we find no merit in this contention Matter of 0 D Jennings cC Company, 68 N L R B 516 , Matter of Nash Motors Division of Nash- Kelvinator Sales Corporation (Philadelphia Zone), 68 N L R B 651 , Matter of Midland National Bank of Minneapoli s, 68 N I. R B 580 5 Matter of American Pad and Tactile Company, 68 N. L R B 572 , Matter of Conti- n ental Clay Products Company, 65 N L R B 168 , Matter of Hoffman Radio Corporation, 72 N L R B 177 , Matter of J S Detwrle,, et at, 72 N L R B 308. 731242-47-vol. 72 38 .576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find, in accordance with the stipulation of the parties, that all production and maintenance employees at the Employer's plants at 1310 111 Street, and 1311 131 Street, College Point, Lou- Island, New York, including leachnen, but excluding office, clerical, technical, and engineering employees, cafeteria workers, shop clerks, timekeep- ers, watchmen, guards, and plant-protection employees, foremen, as- sistant foremen, group foremen, 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. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Edo Aircraft Corporation, College Point, 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 ni this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employes 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 dhcl not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States who pre- sent 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 deterniine whether or not they desire to be represented by International Associa - tion of Machinists, for the purposes of collective bargaining. 0