Cessna Aircraft Co.

450 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act. 6. The aforesaid unfair labor practices are unfair labor practices affecting com- merce within the meaning of Section 2 (6) and (7) of the Act. [Recommendations omitted from publication.] APPENDIX NOTICE To ALL EMPLOYEES Pursuant to the recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the Labor Management Relations Act, we hereby notify our employees that: WE WILL NOT engage in any acts-in any manner interfering with the efforts of Bookbinders & Machine Operators Union No, 25, International Brotherhood of Bookbinders, AFL, to negotiate for or represent the employees in the bar- gaining unit described below. WE Will, bargain collectively, upon request, with Bookbinders & Machine Operators Union No. 25, International Brotherhood of Bookbinders, AFL, as the exclusive representative of all the employees in the bargaining unit described herein, with respect to rates of pay, wages, hours of employment, or other conditions of employment, and if an agreement is reached, embody it in a signed contract. The bargaining unit is: All production and maintenance employees employed at our New York plant, exclusive of all office clericals, guards, professional employees, and supervisors as defined in Section 2 (11) of the National Labor Relations Act. AMERICAN Loosa LEAF CORPORATION, Employer. Dated---------------- By---------------------------------------------- (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. Cessna Aircraft Company, Wichita Division and International Brotherhood of Electrical Workers, Local' 271, AFL, Petitioner. Case No. 17-RC-?OOd. August 1, 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 Charles A. Fleming, 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.' 1 The Employer's motion to dismiss the petition on the grounds that the Petitioner failed to make a proper showing of interest in the unit as amended, is denied. The showing of interest is an administrative matter ; and, in any event, the unit hereinafter found to be appropriate is the same as the one originally petitioned for. 3 International Association of Machinists, District Lodge No. 70, AFL, was permitted to intervene on the basis of its current contractual interest. 113 NLRB No. 48. 'CESSNA AIRCRAFT COMPANY 451 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 appropriate unit : The Petitioner originally sought to sever all maintenance elec= tricians from an existing production and maintenance unit at the Employer's Wichita, Kansas, Pawnee Road and Prospect plants. However, at the conclusion of the hearing the Petitioner 'amended its unit request to include all maintenance electricians, all small-tools repairmen, all trades-helpers regularly assigned to the maintenance electricians, and employee John Roy Farris. The Employer and the Intervenor contend that such unit is inappropriate. At the Employer's Pawnee Road and Prospect plants the mainte- nance electricians are assigned to a maintenance department that is su- pervised by a maintenance foreman. However, the maintenance elec- tricians are separately supervised by electrician leadmen and have a separate electrical shop where their tools and equipment are stored and minor repairs on electrical equipment are made. All the Em- ployer's electrical maintenance and repair work, with the exception of motor rewinding ,and major construction projects, is handled by the maintenance electricians. Thus, among other things, they are re- quired to run conduit, relocate circuits, and service and maintain trans- formers and electric motors. Moreover, all their work must con- form to the national electrical code. Although there is no apprentice program for the maintenance electricians, on-the-job training is uti- lized and advancement within the electrician classification is predi- cated upon the electrical skill and knowledge of the employee. Thus, a maintenance electrician "A" must have 2 to 3 years' electrical wir- ing and maintenance experience and at least 1 year trouble-shooting experience, while maintenance electrician "B" needs only 1-year main- tenance and installation experience. On these facts we find that the maintenance electricians constitute a distinct group of craft em- ployees who may, if they so desire, be represented as a separate ap- propriate unit by the Petitioner which has historically represented such units.3 As previously noted, the Petitioner would also include in this unit the small-tools repairmen, the trades-helpers regularly assigned to the maintenance electricians, and employee John Roy Farris. The small-tools repairmen repair and maintain small electric and pneumatic tools. Although they are required to perform a combina- tion of electrical and maintenance duties, their skills and training are not described' in the record. There was no evidence presented, moreover, to indicate that they are in the maintenance electrician line of progression. Accordingly, we shall not include them in the group of maintenance electricians. • 0 Lockheed Aircraft Corporation, Georgia Divieion, 111 NLRB 594. 452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - John Roy Farris is classified as a millwright by the Employer. The record reflects that he performs 90 percent of the electrical work that is done on the night shift. However, there was no evidence pre- sented regarding his training and skills, the type of the electrical work that he performs, or the amount of time that he devotes to elec- trical work. We shall not include Farris with the maintenance elec- trician group.' The trades-helpers are assigned to the maintenance department, but none of the employees in this classification are permanently assigned to the maintenance electricians. On the contrary, as their services are required, the trades-helpers are assigned to the various craftsmen in the maintenance department. As the trades-helpers are not regularly assigned to the maintenance electricians we shall also exclude them from the voting group. Accordingly, we shall direct that an election be conducted in the following voting group of employees at the Employer's Wichita, Kansas, Pawnee Road and Prospect plants : All maintenance electricians, excluding all other employees, Elec- trician Leadmen Sawyer and Hawkins,' and all other supervisors as defined in the Act. If a majority vote for the Petitioner they will be taken to have indi- cated their desire to constitute a separate appropriate unit, and the Regional Director conducting the election directed herein is instructed to issue a certification of representatives to the Petitioner for the unit described in paragraph numbered 4, which the Board, under such circumstances, finds to be appropriate for purposes of collective bar- gaining. In the event a majority vote for the Intervenor, the Board finds the existing unit to be appropriate and the Regional Director will issue a certification of results of election to such effect. [Text of Direction of Election omitted from publication.] 4 Southern Paperboard Corporation,-112 NLRB 302. - 5 Beaunit Mills, Inc., 109 NLRB 651, 657, 659. 6 Sawyer and Ha*kins regularly devote approximately 20 percent of their time to-super- visory duties. They assign work to the maintenance electricians and then inspect the finished jobs. They also effectively recommend the hiring and promotion of the main- tenance electricians. On these facts we find that Sawyer and Hawkins are supervisors within the meaning of the Act See General Electr ie Company, 109 NLRB 2 Truck Drivers Local Union No. 375, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, A.F.L. and George Maxwell. Case No. 3-CD-14. Augusta, 1955 DECISION AND DETERMINATION OF DISPUTE This proceeding arises under Section 10 (k) of the Act, which pro- vides that "whenever it is charged that any person has engaged in-an 113 NLRB No. 50.