Garner Aviation Service Corp.

GARNER AVIATION SERVICE CORPORATION 191 representative group, we will not postpone the election.' According- ly, we shall direct an immediate election among those permanent and seasonal employees currently employed. [Text of Direction of Election omitted from publication.] 9 The Borden Company, 89 NLRB 227 ; Arkport Dairies, Inc., 86 NLRB 319. GARNER AVIATION SERVICE CORPORATION AND LYNCHBIIRG AIR TRANS- PORT AND SALES CORPORATION, D/B/A GARNER AVIATION SERVICE CORPORATION 1 and INTERNATIONAL ASSOCIATION OP MACHINISTS, AFL, PETITIONER. Case No. 10-RC-3899. January 13, 1955 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 Allen Sinsheimer, Jr., 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: z 1. The Employer is engaged in commerce within the meaning of the Act. Under a cost-plus-fixed-fee contract with the Department of the Air Force, the Employer furnishes flight training to Air Force cadets at the Bartow Air Force Base. In connection with this activity, the Employer operates the field and other facilities and maintains the air- craft. The Employer moves to dismiss the petition for want of juris- diction on the grounds that: (a) It is not an "employer" of the em- ployees involved, as these terms are defined in the Act, but is merely a contract, agent of the Government, which is really the substantial employer, and for which it is performing a governmental function; and (b) it is not engaged in "commerce" within the meaning of the Act. The facts pertaining to the relationship between the Employer and the Department of the Air Force are the same as those considered in an earlier case involving the Petitioner and Employer herein, where the Board found, contrary to the Employer's contention, that it was an Employer within the meaning of Section 2 (2) of the Act .3 More- over, as the Employer provides services directly related to national defense pursuant to a Government contract in an amount exceeding 1 The petition was amended at the hearing to show the correct name of the Employer as indicated above. 2 The Employer 's request for oral argument is denied because the record and the briefs, in our opinion , adequately present the issues and positions of the parties. 8 Garner Aviation Service Corporation, 101 NLRB 517; accord , Hawthorne School of Aeronautics, 98 NLRB 1098 ; Anderson Air Activities, 104 NLRB 306. 111 NLRB No. 28. 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD $100,000 per year, we find that the Employer is engaged in com- merce within the meaning of the Act and that it will effectuate the purposes of the Act to assert jurisdiction herein.' Accordingly we deny the Employer's motion to dismiss. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of the 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 all service and maintenance employees of the Employer at the Bartow Air Force Base, Bartow, Florida,5 engaged in servicing, maintaining, repairing, and overhaul- ing aircraft, and the buildings, grounds, and equipment in connection therewith, excluding all office, office clerical, professional, and technical employees, guards, and supervisory employees as defined in the Act. The Employer agrees generally with the proposed unit but it would include the employees in the student dining hall and supply depart- ments and certain employees from other departments, all of whom the Petitioner would exclude. The Petitioner has stated on the record that it desires an election in any unit the Board finds appropriate. There is no history of collective bargaining.' The Employer's operations are divided among the following depart- ments : academic, accounting, administrative, aircraft maintenance, base maintenance, communications, executive, fire, flight, flying safety, ground transportation, military, personnel, purchasing, security, stu- dent dining hall, and supply. The parties disagree as to the placement of the employees herein dis- cussed below. The Employer would include and the Petitioner would exclude them. a. Administrative messenger The administrative messenger collects and distributes mail, commu- nications, papers, and similar matter throughout the base. He cir- culates from one department to another on his motor scooter. No desk space is allotted to him. Indirectly, he is supervised by the office man- ager, although to a considerable degree, he is without supervision, oper- ating on a schedule. The messenger's duties and interests are different from those of his fellow employees in the administrative department. * Maytag Aircraft Corp, 110 NLRB 594, Ready Mixed Concrete Company, 110 NLRB 1251 5 At the hearing, the parties stipulated that the employees at the Employer's auxiliary field, Gilbert Field, Winter Haven, Florida, should be included in the appropriate unit as determined in this case. 6 The Petitioner heretofore petitioned for a unit of aircraft maintenance department employees (Garner Aviation Service Corporation, supra ). In that case, the Board dis- missed the petition on the ground that the unit sought omitted a substantial number of the employer's maintenance employees in other departments and was, therefore, inappro- priate. GARNER AVIATION SERVICE CORPORATION 193 We find that he is a plant clerical properly includible in a service and maintenance unit.7 b. Aircraft maintenance department employees The chief record clerk keeps records pertaining to the technical status of aircraft, their repair and maintenance status, and their compliance with technical orders. She assembles these records from reports sub- mitted by aircraft inspectors. This clerk is directly responsible to the chief aircraft inspector and works in his office in the administrative section of the aircraft maintenance department. On occasion, she may go out into the hangars to obtain specific information. There are two record clerks who assist the chief record clerk. They work in the same office and compute the flying time for each of the aircraft at the base. There is a third record clerk who works in the hangar chief's office at Gilbert Field. Another, located in the engineering or base shops hangar, compiles records of the mechanic's work from information supplied by the supervisors. The records are kept for the accounting department for cost purposes. There are also 4 record and statistical clerks. 2 of whom keep files and make reports to the chief aircraft inspector on the status of air- craft and the work performed in the hangars. They receive informa- tion from others by intercommunication and telephone. One of these clerks also maintains a board, located in the chief aircraft inspector's office, which indicates the status of all aircraft. There is no evidence regarding the remaining two record and statistical clerks. The publication clerk has a file of all publications for mechanics to read on different items of repair, different types of equipment, etc. These books and pamphlets are kept in the chief inspector's office. The mechanics usually obtain them through their supervisors, although they may contact the publication clerk directly. The record shows that the aforementioned clerks do office work ex- clusively and do not come in direct or continuous contact with the serv- ice and maintenance employees. As it appears that the skills, duties, interests, and working conditions of these clerks are more closely allied with those of other administrative personnel whom the parties agree to exclude from the unit, we will exclude them as office clericals.8 The chief supply clerk is in charge of the tool issue room. He is assisted by two supply and tool clerks each of whom is assigned to a different shift.9 He instructs these clerks on the issuing of tools, checks with mechanics on shortage of parts, maintains records of Anderson Air Activates, 104 NLRB 306 at 309-310. Hawthorne School of Aeronautics, 98 NLRB 1098 at 1099 ; Anderson Air Activities, supra, at 307-310 9 The parties agreed at the hearing to include the chief supply and the supply and tool clerks in the unit Petitioner in its brief, however, reversed its previous position and now seeks to exclude these employees. 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD all equipment allotted the aircraft maintenance department, and con- salts with supervisors as to equipment required. The chief supply clerk, like the other two clerks, issues tools and materials. He does not have authority to hire or fire or to take other disciplinary action. However, he may make recommendations to his superior which are subject to independent investigation. In view of the foregoing, we find that the chief supply clerk is not a supervisor within the meaning of the Act and that he and his two assistants are plant clericals whom the Board customarily includes in a unit such as that involved in this case. The photographer is responsible for taking and developing crash pictures which are submitted to the Air Force as part of a report concerning the extent of damage to aircraft. In taking these pictures, lie works with the crash or repair crew, which the parties agree to include in the unit, and with the flying safety department. He also takes pictures of special equipment and tools. When the photogra- pher is off duty an assistant flight chief, a mechanic, assistant me- chanic, or a mechanic's helper is assigned to take the pictures. The job does not require any degree in photography or a certificate from any school. We find that the working conditions and interests of the photographer are closely related to those of service and maintenance employees. Accordingly, we will include him. c. Supply department employees Petitioner would exclude the employees in the supply department from the unit sought irrespective of their duties or designations." It suggests that the proposed unit is formulated on a departmental basis and that, therefore, the employees of the supply department may appropriately be excluded . It is clear, however, that the unit sought by the Petitioner is not limited to a single department but is drawn to embrace all service and maintenance employees. We, therefore, find no justification for excluding supply department employees unless their duties, interests , and conditions of employment are so unrelated or dissimilar to those of the employees included in the unit as to warrant their exclusion." The supply department handles supplies for the entire base. The disputed categories consist of employees who are responsible for either physically packing, unpacking , inventorying, or issuing supplies to the various departments . Thus, the blank form clerk receives and issues supply forms. The inventory clerks check all the materials and equipment on the base. They actually count the items and turn their 11 The Petitioner, however, would not dispute the inclusion in the unit of the carpenter in the supply department "At the hearing the parties stipulated to the exclusion of certain employees in the sup- ply department listed in the Appendix to this Decision. GARNER AVIATION SERVICE CORPORATION 195 reports in to the supply officer. The petroleum clerk is responsible for receiving and issuing all petroleum products and maintaining a storage for them. He operates the pumps and keeps a limited record which is forwarded to the supply office where a recording clerk takes over. The salvage and Air Force equipment clerk issues flying suits, helmets, and life vests to the students and is in charge of a yard for those items that may be salvaged. His work is largely manual. The shipping clerk keeps records and makes a physical check of all mate- rials and equipment being shipped out, repaired, or serviced. The technical supply clerks receive and issue aircraft maintenance parts. They are stationed in the aircraft maintenance hangars. It is ap- parent that the aforementioned employees are plant clericals and, hence, we include them in the unit. The following supply department employees are also in dispute: the carpenter, driver-warehousemen, laborers, messenger, packer and crater, service stock supervisors, supply inspectors, warehouse super- visors, and warehousemen. The carpenter makes all containers for the equipment that is shipped off the base. He also does repair work in the warehouse. The driver-warehouseman drives the truck which is used for delivering and picking up all supplies. In addition, he works in the warehouse when needed. The laborers do general work in the warehouse, such as loading and unloading. The messenger carries issue slips and recap sheets from various departments to the posting clerk. He also makes direct runs between the student dining hall and cold storage. The packer and crater packs and crates all reparable items coming from the aircraft maintenance department for shipment to the depots. The service stock supervisors are respon- sible for keeping the service stock in operation and condition. They admittedly have no supervisory authority but work with the techni- cal supply clerks in issuing parts to aircraft maintenance mechanics. The supply inspectors identify all parts coming out of the aircraft maintenance department and inspect stock items for technical order compliance. The warehouse supervisors are in charge of their particu- lar warehouse. They are responsible for the maintenance of the warehouse and also work with other warehousemen in handling stock. They also admittedly have no supervisory authority. The warehouse- men fill requests for spare parts, equipment, and materials and check these items in as they are received. We find that all the fore- going employees are properly included in a service and maintenance unit and, accordingly, we will include them. d. Student dining hall employees In disagreement with the Employer, the Petitioner would exclude all the employees in this department. These employees are the baker, 344056-55-vol. 111-14 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD butcher, cashier, cooks, cooks' helpers, and stock clerks. The student dining hall is open to anyone working on the base. We find that these employees have interests related to those of other employees in the unit. We will therefore include them therein.12 We find that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act : 13 All service and maintenance employees of the Employer at Bartow Air Force Base, Bartow, Florida, and Gilbert Field, Winter Haven, Florida, including the administrative messenger, chief supply clerk, supply and tool clerks, photographer, and the supply department and student dining hall employees, but excluding the chief record clerk, record clerks, record and statistical clerks, and publication clerk, all employees listed in the Appendix attached hereto, and all other office, office clerical, professional and technical employees, guards, and su- pervisors as defined in the Act. [Text of Direction of Election omitted from publication.] >a Anderson Air Activities, supra, at 307. 13 Both parties agree that all employees in the academic, accounting, communications, executive, flight, flying safety, military, personnel, purchasing, and security departments and all noncontract employees should be excluded They also agree as to the inclusion or exclusion of all other employees with the exception of those discussed hereinabove. Appendix GARNER AVIATION SERVICE CORPORATION Bartow Air Base Bartow, Florida DEPARTMENTAL LIST OF EMPLOYEES NOT INCLUDED IN PROPOSED UNIT All employees excluded All employees excluded ACADEMIC ACCOUNTING ADMINISTRATIVE Clerk Typist Records Administrator Office Manager Secretaries Postal Clerk Statistical Clerk GARNER AVIATION SERVICE CORPORATION Assistant Director Assistant Flight Chief Assistant Hangar Chief Chief Clerk Chief Inspector Chief Parachute Rigger Director Electrical Supervisor AIRCRAFT MAINTENANCE 197 Engineering Test Pilots Flight Chief Hangar Chief Instrument Supervisor Production Control Supervisor Radio Supervisor Secretaries BASE MAINTENANCE Assistant Chief Base Maintenance Chief Base Maintenance Clerks All employees excluded All employees excluded Assistant Fire Chief Chief Fire Department All employees excluded Maintenance Engineer Student Housing Supervisor Supervisor Roads and Grounds COMMUNICATIONS EXECUTIVE FIRE Fire Clerk Fire and First Aid Instructor FLIGHT FLYING SAFETY All employees excluded GROUND TRANSPORTATION Chief Ground Trans. Dispatcher All employees excluded All employees excluded All employees excluded All employees excluded Shoe Foreman MILITARY PERSONNEL PURCHASING SECURITY 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD STUDENT DINING HALL Assistant Food Supervisor Chief Food Supervisor AF Requisition Clerk AF Requisition File Clerk Assistant Director Director Supply Editing Clerk Memorandum Receipts Clerk Clerk Typist SUPPLY Reparable Follow Up Clerk Reporting Clerk Requisition L/P Clerk Secretary Stock Record Clerk Technical Supply Clerk NONCONTRACT EMPLOYEES All employees excluded BORNSTEIN SEA FOODS, INC. and INTERNATIONAL LONGSHOREMEN AND WAREHOUSEMEN 'S UNION, LOCAL No. 3, INDEPENDENT, PETITIONER. Case No. 19-RC-1571. January 13,1955 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 Kenneth McClaskey, 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 engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9, (c) (1) and Section 2 (6) and (7) of the Act.' 4. The Employer is engaged in processing crabs at its Southside plant at South Bellingham, Washington, and in processing, freezing, and packaging other seafood products at its other two plants, located at North Bellingham, Washington, and Anacortes, Washington, re- spectively. The Petitioner seeks a unit of all production and main- tenance employees engaged in crab processing at the Southside plant,, 'For reasons set forth below, we conclude that the department herein sought to be represented is a new operation, not in the contemplation of the Employer and Amal- gamated Meat Cutters and Butcher Workmen of North America, Local No 247, AFL, the Intervenor, when they executed their cuiient contract some 7 months prior to the com- mencement of that operation. We therefore find, contrary to their contention, that the contract is no bar. United States Rubber Company, 109 NLRB 1293. The Intervenor's. motion to dismiss on the basis of a contract bar is accordingly denied. 111 NLRB No. 27.