Fairchild Engine and Airplane Corp.

In the Matter Of FAIRCFIILD ENGINE AND AIRPLANE CORPORATION, EM- PLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETI- TIONER Case No. 17-R-1720.-Decided February 9, 19418 Mr. Harry M. McKay, of Winfield, Kans., and Mr. George Siefkin, of Wichita, Kans., for the Employer. Messrs. Howard W. Ray and C. R. Richards, of Wichita, Kans., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Wichita, Kansas, on November 6, 1947, before William J. Scott, hearing officer. The hearing officer's rulings made at the hearing are free from prej- udicial error and here hereby affirmed. Upon the entire record in the case, the National Labor Relations 18ard 1 makes the following : FINDINGS OF FACT iut Oifli t^:Yi((gi L'OSI:i:Cw .°.O 1. THE BUSINESS OF THE EMPLOYER . Fairchild Engine and Airplane Corporation is a Maryland corpo- ration, with its x^nci al _ , e s s located in New York City, with vari- ous Divisions of the Employer located throughout the United States. Why DiyisiouJprinc_ipally. eoncernedl herein is known as the Fairchild Per^sdn^(1 Plane Divisioxr,[ h6reinafterf referred to as the Kansas Plant, established•,at Sthother, Field-,iWinfibld,^,Kansas, in July 1946. The Employer is now engaged in desigining and building experimental air- phtnes1 at>Iits,JKalnsas P1antAorithe per§eanalcaircraft market in con- fQrfnancerto custolnerslgdesif•es,andito known personal(plane standards. It 4 s 11 andlesispare ^pkrtsrfor serBviei lg,planes. foivvpiivate owners. During September; a-ridtOctober)1947;:the)Kialisas,,Pla»k%re'ceiwedl.from gutsid^otheitae ot.a.rlszvs(shipxrlents of rawlm"aterialslamountiri in DIn• slroiJrtirrril gill. 01 i_^9 (1 z :folfad i9•I)9a 10 11.,I,•JyI9 I(h -id b Y,ie^^•I 'Pursuant to the provisions of Section 3 (b),of the, ,Act, the Bpard,has delegated its •r powers in connection with this case to a th^te^niaill=paneljconsfstin'g^a£ the uif&erViP&`d• Board Members [ Chairman Herzog and Members Houston and Reynolds]. g[i i T. d to tI r of that od 01 ion 9'9•n sit ql'' gatgqula 1a1(1 bvlalmlira zyli 1,111 oCT = 76 1V. L. R. ^.,d. 8 r[v+iflyu ti ai aour'.; yd; -{d,d;;uu.: .302 a.s!..I.x^r ,sco'slas oq'w'Js'++5+.+u; ^ubie^-3e ;Ito + i+tn47•r?.E 48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD value to approximately $1,000 per month. During the same period the Kansas Plant manufactured and shipped to customers throughout the United States and foreign countries spare parts amounting in value to approximately $3,000 per month. The Employer admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization, claiming to represent employees 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 until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with the agreement of the parties, that all production and maintenance employees, including stockroom and ware- house employees, but excluding office and clerical employees '2 and supervisors as defined in the Act, 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 The Employer contends that an election should not be directed at this time because it is contemplated that the number of employees in the unit found appropriate, above, will be increased by more than 50 percent. As the Employer furnished no evidence as to the time the contem- plated expansion would occur, and as the record shows that there has been no increase in employment since the petition was filed in December 1946, we shall direct an election at this time.3 We shall direct that the question concerning representation be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. 2 The parties stipulated that shipping clerks were not to be Included, although originally sought by the Union in its petition 3 See Matter of Rowe-Jordan Furniture Corporation, 74 N. L. R. B. 206. FAIRCHILD ENGINE AND AIRPLANE CORPORATION DIRECTION OF ELECTION 49 As part of the investigation to ascertain representatives for the purposes of collective bargaining with Fairchild Engine and Airplane Corporation, Winfield, Kansas, 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 Seventeenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, 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, but ex- cluding 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, and also excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be repre- sented by International Association of Machinists, for the purposes of collective bargaining.