Consolidated Vultee Aircraft Corp.

872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployer that he has the power to recommend the discharge of an employee. The Employer testified that weight would be given to the recommendations of the shift foreman. Under all the circumstances, we find that the shift foremen are supervisors within the meaning of the Act. Accordingly, we shall dismiss the petition herein. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. CONSOLIDATED VuLTEE AIRCRAFT CORPORATION, FORT WORTH DIVISION and AERONAUTICAL INDUSTRIAL DISTRICT LODGE No. 776, INTERNA- TIONAL ASSOCIATION OF MACHINISTS , AFL, PETITIONER. Case No. 16-RC-1153. January 30, 1953 Amended Decision and Direction of Elections On November 25, 1952, the Board issued its Decision and Direction of Election 1 in the above-entitled proceeding directing a self-deter- mination election in a voting group consisting of all tool planners, tool designers, tool liaison employees, fabrication specification plan- ners, and tool service liaison men "A" and "B" at the Employer's Fort Worth, Texas, division. On December 8, 1952, the Petitioner filed with the Board a motion for clarification of the Board's Decision and Direction of Election seeking to have added to the voting group estab- lished therein all employees classified as tool and operations planners "A", "B", and "C". The Intervenor, Federated Independent Texas Unions, Aircraft Local 900, on December 24, 1952, filed a motion opposing the Petitioner's request that the tool and operations planners be added to the voting group as set forth in the Board's Decision and Direction of Election. Upon reconsideration of this case, and upon the entire record herein, the Board makes the following additional findings of fact: The foregoing classifications of tool and operations planners were established by the Employer in April 1952 in order to consolidate and expedite certain planning operations. These new classifications com- bined in one job the functions formerly performed by the tool plan- ners, who had been previously represented by the Intervenor, and those performed by installation planners "A" and a number of installation planners "B", who had been previously represented by the Petitioner. 3101 NLRB 584. 102 NLRB No. 80. CONSOLIDATED VULTEE AIRCRAFT CORPORATION 873 The Petitioner currently represents a group of employees classified as planning control men "A" and "B", planning requirements clerks, and such installation planners, if any, as have not been transferred to the new classification of tool and operations planners. The Inter- venor currently represents tool designers, tool liaison employees, fabrication specification planners, tool service liaison men "A" and "B", and such tool planners, if any, as have not been converted into tool and operations planners. The foregoing groups of employees, together with the tool and operations planners, constitute essentially a group of technical and clerical employees, all having related duties and working, for the most part, in the same office area. We accord- i ngly find, in agreement with the Petitioner, that all the foregoing employees may constitute a single appropriate unit. However, for the reasons indicated in our original Decision herein, we reaffirm our previous finding that the employees listed above who are currently represented by the Intervenor are entitled to a self- determination election, and we shall, therefore, direct an election in the following voting group A: All tool planners (excluding those who have become tool and operations planners), tool designers, tool liaison employees, fabrication specification planners, and tool service liaison men "A" and "B" at the Employer's Fort Worth, Texas, division, not performing manual work, excluding all other employees, confidential clerks, foremen, assistant foremen, and all other super- visors as defined in the Act. There remains the question whether a separate self-determination election should not also be accorded to the employees now classified as tool and operations planners. Although most if not all of these em- ployees were, prior to their reclassification, represented either by the Intervenor or Petitioner, we are unable, upon the present record, to find that any of those planners have been bargained for by any union since their classification was established. They constitute, therefore, the only classification which has no bargaining history. In view of these circumstances, and as they all perform the same functions, in the same general area, under the same immediate supervision, we find that the tool and operations planners "A", "B", and "C" may, if they so desire, constitute a separate appropriate unit. However, they have sufficient community of interest both with the employees in voting group A and with the employees in the unit currently repre- sented by the Petitioner so that they may, if they so desire, be bar- gained for as a part of either of these groups. We shall, therefore, direct an election in the following voting group B : Tool and opera- tions planners "A", "B", and "C", at the Employer's Fort Worth, Texas, division, excluding all other employees and supervisors as defined in the Act. 874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD If a majority of the employees in both voting groups vote for the Intervenor , they will be taken to have indicated their desire to con- stitute a single appropriate unit, and the Regional Director conduct- ing the elections directed herein is instructed to issue a certificate of representatives to the Intervenor for a unit consisting of the em- ployees in the foregoing voting groups , which the Board, under such circumstances, finds appropriate for purposes of collective bargaining. If a majority of the employees in only one of the voting groups vote for the Intervenor, they will be taken to have indicated their desire to constitute a separate appropriate unit, and the Regional Director is instructed to issue a certificate of representatives to the Intervenor for a unit consisting of the employees in such voting group, which the Board, under such circumstances, finds to be appropriate for pur- poses of collective bargaining . If a majority of the employees in either or both of the foregoing voting groups vote for the Petitioner, such voting group or groups shall be represented by the Petitioner as part of its existing unit, described above, and the Regional Director will issue a certificate of results of election to that effect. [Text of Amended Direction of Elections omitted from publica- tion in this volume.] MEMBERS HOUSTON and MURDOCK took no part in the consideration of the above Amended Decision and Direction of Elections. XAVIER ZEQUEIRA and UNION INSULAR DE TRABAJADORES DE LA CON- STRUCCION, FLT, PETITIONER. Case No. 24-RC-480. January 30, 1953 Decision and Direction of Election Upon a petition duly filed under Section 9 ((,.) of the National Labor Relations Act, a hearing was held before Roy J. Cohen, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is an individual engaged in the construction busi- ness in Puerto Rico. He is currently building the Luis Llorens Torres housing development in Isla Verde, the Toa Baja housing project in Toa Baja, and a six-story structure at Vela Street in Hato Rey. It is the employees at the latter site whom the Petitioner and Intervenor seek to represent. During the 12-month period preceding the hearing the Employer imported materials. and equipment valued at approxi- 102 NLRB No. 83.