Aviation Manufacturing Corp.

In the Matter of VULTEE AIRCRAFT DIVISION, AVIATION MANUFACTUR- ING CORPORATION and UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 361 Case No. B-739.-Decided October 5, 1935 Aircraft and Parts Manufacturing Industry-Investigation of Representa- tives: controversy concerning representation of employees : refusal of company to recognize industrial union as exclusive bargaining agent ; dispute between craft and industrial unions as to appropriate unit; majority status of indus- trial union established ; doubt as to majority status of craft union among craft employees-Unit Appropriate for Collective Bargaining : election to determine whether craft employees desire industrial or craft union; past history of bar- gaining relations shows that either craft or industrial unit appropriate; where other considerations determinative of appropriate unit are evenly balanced, decisive factor is choice of employees involved-Election 01 dercd Mr. David Sokol, for the Board. Gibson, Dunn t Crutcher, by Mr. J. Stuart Neary, of Los Angeles, Calif., for the Company. Mr. Dick Coleman, of Los Angeles, Calif., for the U. A. W. Mr. E. L. Lynch, of Los Angeles, Calif., for the I. A. M. Mr. Mathew A. Koch, of Los Angeles, Calif., for the P. M. A. Mr. Allan Lind, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 16, 1937, United Automobile Workers of America, Local 361, herein called the U. A. W., filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Vultee Aircraft Division, Aviation Manufacturing Corporation, Downey, California, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On April 5, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of 9 N. L. R. B., No. 9. 32 DECISIONS AND ORDERS 33 National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On April 14, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company , upon the U. A. W., and upon the Pattern Makers Association , herein called the P. M. A., a labor organization claiming to represent employees directly affected by the investigation. On April 25, 1938, the Inter- national Association of Machinists , herein called the I . A. M., filed It written motion for leave to intervene in the proceedings . On April 26, 1938, an order granting . the leave to intervene was made by the Regional Director. Pursuant to the notice , a: hearing was held on April 28, 1938, at Los "Angeles , California, before Martin Raphael, the Trial Examiner duly designated by the Board. The Board and the Company were represented by counsel while the U. A. W., the P. M. A., and the I. A. M. were represented by representatives of their respective or- ganizations. All participated in the hearing. Full opportunity to be heard, to examine and cross -examine witnesses , and to introduce evi- dence bearing on the issues was afforded all parties . While the hearing was in progress, the I. A. M. moved to withdraw from the proceedings. This motion was granted by the Trial Examiner. Dur- ing the course of the hearing the Trial Examiner made,several rul- ings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed . The rulings are hereby affirmed. Upon the entire record in the case the Board makes the following : FINDINGS OF FACT " 1. THE BUSINESS OF THE COMPANY Aviation Manufacturing Corporation is a Delaware corporation consisting of two divisions , the Vultee Aircraft Division located at Downey, California, and the Lycoming Division located at Williams- port, Pennsylvania. The Stinson • Aircraft Corporation located at Wayne, Michigan, is a wholly owned subsidiary of the Aviation Manufacturing Corporation. The Vultee Aircraft Division, the only division involved in this proceeding, is engaged in the manufacture of airplanes and airplane parts. Ninety per cent of its raw materials , consisting of aluminum, aluminum alloy , stainless steel, bronze , magnesium alloy , and -brass; come from points outside the State of California. One hundred per cent of its finished product, consisting of airplanes and airplane 34 NATIONAL LABOR RELATIONS BOARD parts, is shipped out of the State of California, principally to for- eign countries. II. THE ORGANIZATIONS INVOLVED United Automobile Workers of America, Local 361 , is a labor organization affiliated with the Committee for Industrial Organiza- tion, admitting to its membership all production and maintenance employees of the Company, excluding office workers, supervisory em- ployees, and members of the engineers department. Pattern Makers Association of Los Angeles and Vicinity, is a labor organization affiliated with the Pattern Makers League of North America, which in turn is affiliated with the American Federation of Labor. Although the Pattern Makers League of North America has jurisdiction over pattern makers in general,' there are some indica- tions in the record that the local here involved limits its membership to wood pattern makers. III. THE QUESTION CONCERNING REPRESENTATION During the month of February 1936, the U. A. W. commenced its membership drive among the Company's production and maintenance employees . On May 26, 1937, after several conferences with the management , it entered into a contract with the Company respecting hours, wages, and other conditions of work, for its members. For some time before the signing of the contract and during the con- ferences held with the management the U. A. W. claimed to repre- sent a majority of the production and maintenance workers and re- quested to be recognized as the exclusive bargaining agency for such employees. The Company refused and continues to refuse such recognition. At the hearing the P. M. A. claimed to represent the wood pattern makers in the Company's employ and asked to be designated by the Board as exclusive bargaining agent for such employees. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the, several States and 1 See Bulletin of U. S. Bureau of Labor Statistics No. 618-Handbook of American Trade Unions-1936 edition, page 199. DECISIONS AND ORDERS 35 foreign countries, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the U. A. W. sought a bargaining unit composed of all the production and maintenance employees of the Company employed at its plant at Downey , California, excluding office work- ers, employees in the engineering department , supervisors and offi- cials who have the power to hire and discharge. The Company took no position respecting the appropriateness of the suggested unit. The P. M. A. maintained that the wood pattern makers should con- stitute a separate unit. In addition to the wood pattern makers, of which there were six on the date of the hearing, the pattern making department also included approximately seven plaster of paris pattern makers. Although the representative of the P. M. A. referred to a unit composed of "pattern makers" the evidence as a whole shows that this claim was limited to wood pattern makers. The evidence indicates that since 1934, when the Company first began operations , the P. M. A. has negotiated for the wood pattern makers in relation to wages, hours , and working conditions. On May 12, 1937, while negotiations for a contract were being conducted be- t weer the U. A. W. and the Company, the P. M. A. protected its bargaining rights by calling a strike of its members in protest against the Company's refusal to grant it the exclusive bargaining agency for the wood pattern makers . On May 13 the P. M. A. further endeavored to strengthen its position by filing a petition for certifi- cation as the exclusive bargaining agent for the pattern makers with the Board. On May 18, after a number of conferences between the U. A. W., the P. M. A., and the Company, the strike of the pattern makers was settled when the U. A. W. agreed to relinquish its claim to represent the wood pattern makers and the Company recognized the P. M. A. as their bargaining agent. On December 14, 1937, the P. M. A. withdrew its petition filed with the Board only after it became assured that the U. A. W. would not claim to represent the wood pattern makers in dealing with the Company. The evidence also shows that the wood pattern makers are highly skilled, that their work requires a training of 4 years or more, and that they receive high wages. The plaster of paris pattern makers, on the other hand, are relatively unskilled, are trained by the Com- pany for only a short period of time, and are paid a lower wage than the wood pattern makers. Furthermore, there is practically no interchange of work between the plaster of paris and the wood pattern makers. Although the Pattern Makers League of North 134068-30-vol ix--4 36 NATIONAL LABOR RELATIONS BOARD America, with which the P. M. A. is affiliated, apparently has trade jurisdiction over both wood and plaster of paris pattern makers, it appears that wood pattern making in the plant here involved con- stitutes a clearly defined unit. The U. A. W. contends that the simultaneous existence of craft and industrial unions in the same plant is not conducive to effective collective bargaining. It states, moreover, that wood as well as plaster of paris pattern makers are eligible to its membership and that in its negotiations with the Company it has represented a ma- jority of the entire pattern making department. Under all the facts, we are of the opinion that the wood pattern makers may appropriately be included as a part of the general plant unit or be established as a separate unit. The industrial form of organization can apparently be successfully applied to this plant as indicated by the contract recently entered into. On the other hand, the P. M. A. has been in the plant a number of years, representing the well-defined craft of wood pattern makers. Under similar cir- cumstances, we have held that the desires of the employees in the disputed group shall be given considerable weight.2 At the hearing the P. M. A. claimed to represent a majority of wood pattern makers. The records of the P. M. A. were not avail- able at the hearing and the record in the proceeding was left open for the introduction by the P. M. A. of its membership cards: In- stead of introducing membership cards, the P. M. A. provided a list of its purported members. This list contained the names of five out of the six wood pattern makers. Under the circumstances, we are of the opinion that the best method of resolving the question of representation is to direct an election. We shall, therefore, direct that an election be held among the wood pattern makers employed by the Company to determine whether they desire to be represented by the P. M. A. or by the U. A. W., for the purposes of collective bargaining, or by neither. If a majority of such employees vote for representation by the P. M. A., the wood pattern makers shall constitute a separate unit. If the U. A. W. is accorded a majority, the wood pattern makers shall be included as a part of the general plant unit. We_ find that all the production and maintenance employees, ex- cluding office workers, employees in the engineering department, supervisors and officials who have the right to hire and discharge, and excluding or including wood pattern makers as determined on 2 See Matter of The Globe Machine and Stamping Co and Metal Polishers' Union, Local No. 3; International Association of Machinists, District No 54; Federal Labor Union 18788, and United Automobile Workers of America, 3 N. L R B. 294; Matter of Worthington Pump and Machinery Corp. and Pattern Makers Association of New York and Vicinity, Pattern Makers League, 4 N. L. R. B. 448. - DECIS10\S AND ORDERS 37 the basis of the results of the election which we shall order, con- stitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing the U. A. W. offered into evidence its membership records consisting of 660 signed cards. A list of the members was substituted for the membership cards and received into evidence. This list was compared with the Company's pay roll of April 8, 1938, and of the 579 production and maintenance employees, excluding -office workers, employees in the engineering department, supervisors and officials who have the right to hire and discharge, 320 were found to be members of the U. A. W. This finding was not disputed by any of the parties. Since the Company employs only approximately six to eight wood pattern makers, it is clear that their inclusion in or exclusion from the general plant unit will not affect the majority of the U. A. W. in said unit. We shall, therefore, certify the U. A. W. as the exclusive representative of all the employees in the general plant unit as soon as an election has been held among the wood pat- tern makers and a determination thereby made relative to their inclu- sion in or exclusion from such unit. As determined in Section V above; we shall direct that an election be held among the wood pattern makers. Those wood pattern makers employed by the Company during the pay-roll period next preceding April 28, 1938, the date of the hearing, shall be eligible to vote in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Vultee Aircraft Division, Aviation Manu- facturing Corporation, Downey, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees, excluding office workers, employees in the engineering department, supervisors and officials who have the right to hire and discharge, and excluding or including wood pattern makers as determined on the basis of the results of the election ordered herein, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 38 NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Vultee Aircraft Division, Aviation Manufacturing Corporation, Downey, California, an election by secret ballot shall be conducted within twenty (20) days from the date of this Direction under the direc- tion and supervision of the Regional Director for the Twenty-first Region, acting in this. matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among the wood pattern makers who were employed by Vultee Aircraft Division, Aviation Manufacturing Corporation, dur- ing the pay-roll period next preceding April 28, 1938, excluding those who have since quit or been discharged for cause, to determine whether they wish to be represented by Pattern Makers Association of Los Angeles and Vicinity, or by United Automobile Workers of America, Local No. 361, for the purposes of collective bargaining, or by neither. EDWIN S. SMITH, concurring : Solely in view of the rather extensive history of bargaining rela- tions between the P. M. A. and the Company, I believe that the wood pattern makers may properly be excluded from the unit proposed by the U. A. W. I would be willing definitely to establish the wood pattern makers as a separate bargaining unit. However, I do not object to an election which gives this craft group an opportunity to vote either to retain their accustomed bargaining status or to merge their interests with their fellow employees in the industrial unit. [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION October 25, 1935 On October 5, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding, the election to be held within twenty (20) days from the date of the Direction, under the direction and supervision of the Regional Director for the Twenty-first Region. DECISIONS AND ORDERS 39 (Los Angeles, California). On October 14, 1938, the International Association of Machinists filed with the Regional Director a Petition for Leave to File Motion and a Motion to Stay Decision and Recon- sider Case. The Board, having found that additional time is necessary to investigate the matters covered by the Petition and Motion, hereby amends its Direction of Election by striking there- from the words "within twenty (20) days from the date of this Direction" and substituting therefor the words "at such time as the Board may in the future direct." CHAIRMAN MADDEN took no part in the consideration of the above Amendment to Direction of Election. 9 N. L. R. B., No. 9a.