Anderson Air Activities

306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ANDERSON AIR ACTIVITIES and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT and AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C.I.O., Petitioner. Case No. 14-RC-2113. April 22, 1953 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Walter A. Werner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.i Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three -member panel [Chairman Herzog and Members Houston and Murdock] . Upon the entire record in this case, the Board finds: 1. The Employer is engaged in the sale of aircraft and air- craft accessories in Wisconsin and in the operation of the Malden Air Base at Malden, Missouri. It operates the Malden Air Base under a t:ost-plus-fee contract with the United States Air Force for the purpose of training flying cadets. During 1952, the Employer purchased and received directly from out- side the State of Missouri, supplies and equipment valued at approximately $150,000. In addition, it received supplies valued at approximately $ 57,000, indirectly from outside the State. During this period, the United States Air Force reim- bursed the Employer for services rendered in an amount in excess of $3,000,000, exclusive of fees. We find that, even considering the Malden operation separate - ly, the Employer is engaged in commerce within the meaning of the Act and that it will effectuate the policies of the Act to assert jurisdiction.:, 2. The labor organization involved claims to represent certain employees of the Employer. 3. 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. 4. The Petitioner seeks to represent at the Malden Air Base a unit of all maintenance employees, excluding office and other clerical employees, mess operations employees, guards, fire department employees, professional and technical employ- ees, and supervisors. The Employer agrees generally with the proposed unit, except that it would include fire department t The hearing officer reserved for the Board ruling on the admissibility of the Employer's proposed exhibit 8 , a statement of employment policies applicable to hourly paid employees. The Petitioner objected to its admissibility upon the ground that the exhibit was an attempt to establish in documentary form what it could not otherwise establish. The objection is hereby overruled and the document is admitted in evidence. Z Westport Moving and Storage Company, 91 NLRB 902; Hawthorne School of Aeronautics, 98 NLRB 1098. ANDERSON AIR ACTIVITIES 307 employees , mess operations employees, and plant clerical employees.; There is no history of collective bargaining.4 The Employer gives flight training to Air Force cadets at the Malden Air Base under contract with the United States Air Force. It operates the field, maintains all facilities, and gives ground and flight training and instruction. Operations are divided among the following departments: Base 'maintenance, mess operations , ground transportation , security, fire, air- craft maintenance, supply, airfield operations, training, and message. The parties disagree as to the placement of the following employees. The Employer would include and the Petitioner ex- clude them. Mess Operations Department Employees Under its contract with the Air Force, the Employer is re- quired to feed the cadets. It does this in its messhall. Feeding time is synchronized with flight operations. In addition to the messhall, the Employer operates a canteen adjacent to the flight line . Food is served in the canteento all personnel. Em- ployees working in the messhall and canteen include cooks, bakers, meatcutters , storekeepers , waitresses , and dish- washers. We believe that these employees have interests re- lated to those of other employees in the unit. We shall there- fore include them therein.5 Fire Department Employees There are about 22 firemen. Their primary duty is to be available to render aid in case of airplane accidents. They are normally stationed adjacent to landing strips while flying is in progress. In addition, they repair, inspect, replace, service, and seal all fire extinguishers on the base, including those in aircraft. They also help maintain the high octane gasoline storage tanks. We find that these firemen are not guards within the meaning of the Act and shall include them in the unit.; a The parties stipulated to the exclusion of the following classifications of employees: Academic director, assistant academic director, academic instructors, job training instruc- tors, chief dispatcher, assistant chief dispatcher, chief parachute rigger, tower operator, assistant tower operator, meteorologists, aircraft inspectors, pilot instructors, Link training instructors, flying safety supervisors, club employees, PX employees, iefr'.geration and electronics engineer, clerk in security department, and secretary to the supply manager. 40n June 4, 1952, the Petitioner entered into a consent-election agreement covering a unit substantially like that requested by the Employer. The results of the election were set aside because of the conduct of the Employer. The Petitioner subsequently withdrew its petition and filed the present one. An agreement of the parties on an appropriate unit for the purposes of a consent election is not binding on the Board in a later proceeding, when the unit issue is litigated. Memphis Cold Storage Warehouse Company, 91 NLRB 1404. 5 Hawthorne School of Aeronautics, 98 NLRB 1098. The parties agree that the chief steward, chef, and junior chef are supervisors within the meaning of the Act. The parties agreed to the exclusion of club and PX employees. The Employer did so because individuals working in these establishments are not its employees. ,Hawthorne School of Aeronautics, supra. The parties have agreed that the fire marshal, shift commanders, assistant shift commanders, and crew chief lieutenants are supervisors., 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Clerical Employees Stenographer in base engineer ' s office: This individual, also known as a work order clerk , shares an office with the assistant base engineer . She receives messages about things that go wrong about the base andprepares requisitions for correctional work to be done, which she gives or sends to the appropriate foreman . She also maintains personnel files for employees in her department and types letters for the base engineer. About three -fourths of her time is spent filing and typing. Clerk in mess operations department : This person has an office adjacent to that of the chief steward , who is in charge of mess operations department . She types menus after consulta- tion with the chef, prepares requisitions for supplies from the supply department , writes letters to off -base suppliers, and prepares weekly inventories by checking food stores in the refrigerator storehouse. Clerk -typist in motor pool office : This employee works in the motor pool office together with the supervisor of ground transportation . His primary function is to dispatch vehicles. He also maintains records of work performed on vehicles, keeps a daily record of vehicles dispatched , and issues trip tickets. Time clerks in aircraft time section : There are seven time clerks who work in the office of the chief aircraft inspector in the parts , labor , and maintenance hangar . They work from 5 p.m. to 1:30 a .m., performing clerical work on plane logbooks. One time clerk works during the day keeping historical records of aircraft and engines . The clerks who work during evening hours are supervised by an aircraft inspector , the day time clerk is supervised by the chief aircraft inspector. Senior stenographer to director of aircraft maintenance: This employee works in the office and under the supervision of the director of aircraft maintenance . He maintains various records pertaining to personnel , aircraft , and supply matters. He also handles confidential correspondence of the director relating to the wage level or wage conditions of hourly paid employees in the department. Clerks in stock record section of supply department- The stock record section is located in the supply office building. It is in charge of a stock control technician . The clerks in the section maintain a cardex recordkeeping system of all supplies and equipment on the base . They also type supply requisitions. Clerk-typist in building 741: This clerk shares a small office with the warehouse foreman in building 741. She main- tains supply records and also handles issuance of some lumber and building materials . Her work had previously been done by a storekeeper , an agreed inclusion in the unit. Clerk -typist in building 742: This individual works in the receiving section of warehouse building 742. She works in an office together with the supervisor in charge , two military airmen , and a supply and receiving clerk . She controls the vouchers for the receipt of property , prepares bills of lading, the information for which she receives from storekeepers, ANDERSON AIR ACTIVITIES 309 receiving clerks, and in-checkers, and gathers information to prepare monthly summaries of property handled. Technical order distributor in supply department: This individual works in the aircraft maintenance office together with an officer and a group of sergeants . She requisitions and distributes technical orders, stock catalogues of Air Force material, and special publications. Stenographer- clerk in flying safety section: The stenog- rapher-clerk in this section shares an o ice in the base operations building with two flying safety supervisors, who are excluded from the unit. The safety supervisors are concerned with flight safety matters. The stenographer-clerk notifies the safety supervisors of accidents, and types their accident investi- gation and other reports. Clerk in link training section: This clerk works in the office of the chief link training instructor. She acts as secretary to the chief link training instructor, types requisitions for sup- plies, maintains supply and other files, and schedules cadets for appointments with link training instructors. Clerks in academic section : The academic section gives academic training to cadets and on-the -job-training to me- chanics. In connection with the schoolwork, the clerks in this section type course and study outlines and examinations, record grades of students, and mimeograph material for the entire base. PBX and switchboard operators: The switchboard is located in a locked section of the administration building. The operators handle all telephone, teletype, and Western Union communica- tions. They also coordinate the crash system. They are super- vised by a senior operator. Mail clerks: There are two clerks working in the base post office. They sort mail, keep records of location of personnel, and rent post office boxes owned by the Employer. Messenger: The messenger drives a truck with which he picks up and delivers mail at the post office in the city of Malden, Missouri. He also helps the mail clerks with sorting of mail, delivers the mail throughout the base, and collects and delivers interoffice communications and papers. Time clerks in airfield operations department: The students' time section, which is supervised by the chief dispatcher, is located in the base operations building. The time clerks in this section keep the flying time records of students and instructors. They obtain their information from dispatch sheets turned in by the dispatchers. Dispatchers: The dispatchers work in blisters located along the flight line. Their major duty relates to the proper utilization of aircraft by students and instructors. The dispatchers also keep records of student flying activities. They issue to flyers such equipment as radio headsets, seat cushions, and flash- lights for night flying. We find that, of the foregoing clerical employees, the fol- lowing are either office clerical employees or have interests 283230 0 - 54 - 21 310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD linking them to such employees:T Stenographer in base en- gineer's office, time clerks in aircraft time section, senior stenographer to director of aircraft maintenance, clerk-typist in motor pool office, dispatchers,8 clerks in stock record section of supply department, technical order distributor in supply department, stenographer-clerk in flying safety section, clerk in link training section, clerks in academic section, PBX and switchboard operators , mail clerks, and time clerks in airfield operations department. We. shall exclude them from the unit. 1 11 We find that the following are plant clericals and shall in- clude them in the unit: Clerk in mess operations department, clerk-typist in building 741, clerk-typist in building 742, and messenger. We find that the following employees constitute aunt appro- priate for the purposes of 'collective bargaining within the meaning of Section 9 (b) of the Act: All employees of the Employer at the Malden Air Base, Malden, Missouri , including mess-operations departmentem- ployees, fire department employees, clerk in mess operations department, clerk-typist inbuilding 741, clerk-typist inbuilding 742, and messenger, but excluding office clerical employees, academic director , assistant academic director , academic instructors , job training instructors , draftsman, chief dis- patcher, assistant chief dispatcher, chief parachute rigger, hangar chief, assistant line chief, foreman-mechanic, chief time clerk, tower operator, assistant tower operator, mete- orologists , aircraft inspectors , pilot instructors , link training instructors , flying safety supervisors , club employees, PX employees , refrigeration and electronics engineer , clerk in security department, secretary to supply manager, chief steward, chef, junior chef, fire marshal, shift commanders, assistant shift commanders , crew chief lieutenants , stenog- rapher in base engineer's office, time clerks in aircraft time section, senior stenographer to director of aircraft main- tenance, clerks in stock record section of supply department, technical order distributor in supply department, stenographer- clerk in flying safety section, clerk in link training section, clerks in academic section, PBX and switchboard operators, mail clerks, time clerks in airfield operations department, clerk-typist in motor pool office, dispatchers , guards, pro- fessional employees , and supervisors as defined in the Act.9 [Text of Direction of Election omitted from publication.] 7 Hawthorne School of Aeronautics . supra 8 Auto Transports , Inc., 100 NLRB 272. 9 There is a hospital on the base which, at the time of the hearing , was staffed by Air Force and civil-service employees , except for a janitor who is furnished by the Employer. The Employer expects to take over the operation of the hospital , but the date of takeover and the table of organization have not been established . In these circumstances , we are not presently able to make any determination of the unit of placement of employees who may be employed in the hospital in the future . The hospital janitor, as an employee of the Employer , is included in the unit.