Hughes Aircraft Co.

In the Matter of HUGHES TOOL COMPANY D/B/A HUGHES AIxcRAlrr COMPANY and WOOD & PLASTIC AIRCRAFT WORKERS, LocAL 15533 AF- FILIATEI) WITH UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA Case No. R-5600.-Decided July 10, 1943 Messrs. Abner Warsaw and Irvin Stalmmaster, of Los Angeles, Calif., for the Company. Mr. John Murray, of Santa Monica, Calif., and Mr. Nick Cordil, of Los Angeles, Calif., for the Carpenters. Mr. Carl Huhnulorff, of Washington, D. C., for the I. A. M. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE. Upon petition and amended petitions duly filed by Wood & Plastic Aircraft Workers, Local 1553, affiliated with United Brotherhood of Carpenters & Joiners of America, herein called the Carpenters, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Hughes Tool Company d/b/a Hughes Aircraft Company, Los Angeles, California, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Maurice J. Nicoson, Trial Exam- iner. Said hearing was held at Los Angeles, California, on June 25, 1943. The Company and the Carpenters appeared at and participated in the hearing,' and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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. ' A notice of hearing was sent to International Association of Machinists, herein called the I. A. M., at the wrong address, and consequently it did not appear at the hearing. Sub- sequently the I. A. M. moved to intervene. The motion is hereby granted. 51 N. L. R. B., No. 46. 203 0 204 DECISIONS OF NATIONAL LABOR REILATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Hughes Tool Company d/b/a Hughes Aircraft Company is a Dela- ware corporation with its principal office at Houston, Texas. We are here concerned with its plant at Los Angeles, California, where it is engaged in the manufacture of aircraft, aircraft assemblies, ammu- nition feed chutes, and gun adapters. During 1942 the Company pur- chased raw materials for use at its Los Angeles plant valued in excess of $100,000, 50 percent of which was shipped to it from points outside the State of California. During the same period the Company manu- factured products at its Los Angeles plant valued in excess of $100,000, all of which was shipped to aircraft manufacturers within the State of California. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED' Wood & Plastic AircraftWorkers, Local 1553, affiliated with United Brotherhood of Carpenters & Joiners of America, is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. International Association of Machinists is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Cpmpany refuses to recognize the Carpenters as the exclusive collective bargaining representative of its employees until such time as it has been certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Carpenters represents a substantial number of employees in the unit hereinafter found to be, appropriate.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 We find, in substantial agreement with a stipulation of the Com- pany and the Carpenters, with which the I. A. M. agreed in its motion 2 The Regional Director reported that the Carpenters presented 191 membership applica- tion cards bearing apparently genuine signatures of persons whose navies appear on the Company's pay roll of April 22, 1943. He further reported that the I. A. M. submitted 40 authorization cards bearing apparently genuine signatures of persons whose names appear on the said pay roll. There are approximately 610 employees in the appropriate unit. HUGHES TOOL COMPANY 205, to intervene,' that all production and maintenance 'employees at the St. Andrews Place plant of the Company, including leadmen and truck drivers, but excluding all clerical, engineering, plant protection, administrative, executive, professional, office, and technical employees, welders, supervisors above the rank of leadmen, or any other super- visory employees with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effectively rcommend such action, 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 We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees in the appropriate unit 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. 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Hughes Tool Company d/b/a Hughes Aircraft Company, Los Angeles, California, 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 Twenty- first Region; acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, 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 employ- ees 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 any who have since quit or been 3 The I. A. M., however, stated that it was agieeung to the exclusion of welders only in order to expedite the proceeding 206 DECISIONS OF NAPrrONAiL LABOR RELATIONS BOARD discharged for cause, to determine whether they desire to be repre- sented by Wood & Plastic Aircraft Workers, Local 1553, affiliated with United Brotherhood of Carpenters & Joiners of America, affil- iated with the American Federation of Labor, or by International Association of Machinists, for the purposes of collective bargaining, or by neither.